B-134055, OCT. 18, 1957

B-134055, OCT. 18, 1957

TO DISBURSING OFFICER, LANDING FORCE TRAINING UNIT, ATLANTIC U.S. NAVAL AMPHIBIOUS BASE:

BY FIRST ENDORSEMENT OF OCTOBER 7, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED LETTER OF AUGUST 20, 1957, FROM H. B. EGGERS, DEPUTY DISBURSING OFFICER, REQUESTING A DECISION AS TO THE LEGALITY OF PAYING PER DIEM TO MASTER SERGEANT HENRY J. WHITFIELD, JR., USMC, FOR THE PERIOD JUNE 1 TO 30, 1957, ON THE BASIS OF ONLY TWO MEALS BEING AVAILABLE ON EACH OF THE FIVE SUNDAYS IN THAT MONTH.

IT APPEARS THAT THE ENLISTED MAN PERFORMED TEMPORARY DUTY AT LITTLE CREEK UNDER ORDERS OF APRIL 29, 1957, DIRECTING HIM TO PROCEED ON A PERMANENT CHANGE OF STATION FROM PHILADELPHIA, PENNSYLVANIA, TO MCAAS, BEAUFORT, SOUTH CAROLINA, WITH TEMPORARY DUTY ON ROUTE AT LITTLE CREEK FROM JUNE 1 TO SEPTEMBER 30, 1957, IN CONNECTION WITH THE SUMMER TRAINING PROGRAM. SECOND ENDORSEMENT OF JULY 22, 1957, ON SUCH ORDERS, THE COMMANDING OFFICER AT THE TEMPORARY DUTY STATION STATED THAT TEMPORARY DUTY WAS TO BE PERFORMED ON AN INSTALLATION OF THE UNIFORMED SERVICES AND WAS NOT CONSIDERED TO BE FIELD DUTY AS DEFINED IN PARAGRAPH 4201-6 OF THE JOINT TRAVEL EGULATIONS; THAT THE ENLISTED MAN WAS FURNISHED SLEEPING ACCOMMODATIONS; AND THAT "MESSING FACILITIES ARE AVAILABLE AND FURNISHED.'

THE ENLISTED MAN STATES THAT SINCE BREAKFAST WAS SERVED FROM 7:30 TO 11 A.M. AND SUPPER FROM :30 TO 5:30 P.M. ON SUNDAYS, ONLY TWO MEALS WERE AVAILABLE ON SUCH DAYS. THE COMMANDANT OF THE MARINE CORPS REPORTS THAT THE SERVING HOURS OF BREAKFAST AND LUNCH WERE COMBINED ON SUNDAYS IN ORDER TO EFFECT A MORE ECONOMICAL OPERATION OF THE GENERAL MESS BECAUSE OF THE SMALL NUMBER OF MEMBERS WHO WERE EATING BREAKFAST ON SUCH DAYS AND TO ENABLE THOSE WHO "SLEEP IN" TO AVAIL THEMSELVES OF BREAKFAST, AND THAT ANY MEMBER WAS PERMITTED TO SECURE THREE MEALS ON SUNDAYS IF HE SO DESIRED.

PARAGRAPH 4451-3, ITEM 1, JOINT TRAVEL REGULATIONS, CONTEMPLATES THE PAYMENT OF PER DIEM TO ENLISTED MEN ON TEMPORARY DUTY AT A RECOGNIZED MILITARY POST OR BASE AT THE RATES PAYABLE AT PLACES WHERE BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE, IN THE ABSENCE OF A CERTIFICATE FROM THE APPROPRIATE COMMANDING OFFICER SHOWING THE DATES AND NUMBER OF MEALS FOR WHICH A GOVERNMENT MESS WAS NOT AVAILABLE. THE COMMANDING OFFICER AT THE ENLISTED MAN'S TEMPORARY STATION, INSTEAD OF CERTIFYING THAT ONLY TWO MEALS WERE AVAILABLE ON SUNDAYS, STATED IN THE SECOND ENDORSEMENT OF JULY 22 THAT GOVERNMENT MESSING FACILITIES WERE AVAILABLE. THE HOURS THAT MEALS WERE SERVED ON THOSE DAYS FURNISHES NO BASIS FOR QUESTIONING THE CORRECTNESS OF THAT CONCLUSION. PARAGRAPH 4205-5C (2), JOINT TRAVEL REGULATIONS, AUTHORIZES PAYMENT OF PER DIEM FOR TEMPORARY DUTY AT THE RATE OF $6 PER DAY WHEN GOVERNMENT QUARTERS ARE AVAILABLE, WITH A DEDUCTION OF $1.50 FOR EACH GOVERNMENT MEAL AVAILABLE TO OR UTILIZED BY ENLISTED MEMBERS AS PROVIDED IN FOOTNOTE W TO SUCH REGULATIONS.

ACCORDINGLY, IT APPEARS THAT SERGEANT WHITFIELD IS ENTITLED TO PER DIEM AT THE RATE OF $1.50 PER DAY AND IF THE VOUCHER, RETURNED HEREWITH, IS AMENDED TO SO PROVIDE, PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.