B-143457, SEP. 23, 1960

B-143457, SEP. 23, 1960

TO THE SECRETARY OF THE ARMY:

IN THE AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS AT FORT KNOX, KENTUCKY, WE FOUND NUMEROUS INSTANCES OF ERRONEOUS PAYMENTS OF PER DIEM FOR TEMPORARY DUTY AT CAMP BRECKINRIDGE, KENTUCKY, AN INACTIVE INSTALLATION.

THE DUTY WAS PERFORMED BY VARIOUS INDIVIDUALS AND UNITS DURING THE PERIODS APRIL TO SEPTEMBER 1957, AND APRIL TO OCTOBER 1958, UNDER ORDERS DIRECTING TEMPORARY DUTY FOR THE PURPOSE OF STATION AUGMENTATION. CORRESPONDENCE WITH CAMP BRECKINRIDGE HAS DISCLOSED THAT THE DUTY ACTUALLY WAS IN SUPPORT OF SUMMER TRAINING OF RESERVE COMPONENTS AND THAT QUARTERS AND FIELD MESS WERE AVAILABLE.

PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES FOR PERIODS (OTHER THAN ADVANCE PLANNING OR CRITIQUE PHASES) WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS OR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND OTHER SIMILAR ACTIVITIES WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, EXCEPT FOR PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES WHEN PER DIEM IS AUTHORIZED UNDER REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. DEPARTMENT OF THE ARMY PAMPHLET 210-1, MAY 1957, LISTS CAMP BRECKINRIDGE AS AN INACTIVE CAMP. TEMPORARY DUTY PERFORMED INCIDENT TO SUMMER TRAINING OF RESERVE COMPONENTS AT AN INACTIVE CAMP OPERATED ONLY FOR SUMMER TRAINING PURPOSES--- WHERE BOTH GOVERNMENT MEALS AND QUARTERS WERE FURNISHED--- MAY NOT BE REGARDED AS FIELD DUTY PERFORMED AT AN INSTALLATION OF THE UNIFORMED SERVICES AS DEFINED IN PARAGRAPH 3C, ARMY REGULATIONS 35-3080, DATED MAY 15, 1956, SO AS TO ENTITLE MEMBERS TO PER DIEM UNDER THE EXCEPTION IN PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS. 38 COMP. GEN. 225; ID. 388. THAT WAS THE SITUATION PRIOR TO JUNE 15, 1958.

PARAGRAPH 5B, ARMY REGULATIONS 35-3080, DATED JUNE 9, 1958, EFFECTIVE JUNE 15, 1958, ENLARGED THE DEFINITION OF "INSTALLATION OF THE UNIFORMED SERVICES" AND IS VIEWED AS INCLUDING NOT ONLY ACTIVE INSTALLATIONS BUT ALSO INACTIVE INSTALLATIONS SUCH AS CAMP BRECKINRIDGE ESTABLISHED AND USED FOR MILITARY PURPOSES. ALSO, THE BASIS FOR PAYING PER DIEM FOR TEMPORARY DUTY IN CONNECTION WITH FIELD EXERCISES AND SIMILAR ACTIVITIES WAS CHANGED BY PARAGRAPHS 4, 7 AND 9 OF THOSE REGULATIONS SO THAT THE ACTIVE OR INACTIVE STATUS OF A CAMP IS NO LONGER MATERIAL IN DETERMINING A MEMBER'S RIGHT TO PER DIEM WHILE PERFORMING TEMPORARY DUTY IN CONNECTION WITH SUCH ACTIVITIES. HOWEVER, PARAGRAPH 7C (2) OF THOSE REGULATIONS SPECIFICALLY LIMITS THE PER DIEM RATES OF $4 FOR OFFICERS AND $1 FOR ENLISTED MEN, WHEREAS THE PAYMENTS FOR TEMPORARY DUTY AT CAMP BRECKINRIDGE WERE MADE AT THE RATES OF $6 AND $1.50, RESPECTIVELY.

WHEN THE CHIEF OF FINANCE WAS REQUESTED BY OUR ARMY AUDIT BRANCH TO FURNISH AN EXPRESSION OF HIS VIEWS AS TO THE PROPRIETY OF THE PAYMENTS IN QUESTION HE REPLIED BY LETTER OF OCTOBER 26, 1959, THAT OUR DECISION OF NOVEMBER 25, 1958, 38 COMP. GEN. 388, WAS INTERPRETED AS INDICATING THAT PAYMENTS BASED ON OUR DECISION B-131254 OF MAY 3, 1957, WOULD NOT BE DISTURBED BUT THAT THERE NO LONGER WAS AUTHORITY FOR LIKE PAYMENTS. THE DECISION OF MAY 3, 1957, WE AUTHORIZED PAYMENT OF PER DIEM FOR TEMPORARY DUTY AT CAMP MCCOY, WISCONSIN, BASED ON INFORMATION FURNISHED BY THE DISBURSING OFFICER. SUBSEQUENTLY, IN 38 COMP. GEN. 388, WE POINTED OUT THAT ALL THE FACTS INVOLVED IN THE OPERATION OF CAMP MCCOY HAD NOT BEEN FURNISHED TO US WHEN THE DECISION OF MAY 3, 1957, WAS REQUESTED; THAT ALL ACTIVITIES AT CAMP MCCOY, EVEN DURING THE WINTER MONTHS RELATE SOLELY TO THE SUMMER TRAINING PROGRAM AND THE MAINTENANCE OF FACILITIES IN READINESS FOR SUMMER TRAINING OR EMERGENCY REACTIVATION IF NECESSARY, AND THAT MOST OF THE QUARTERS MAINTAINED AT THAT PLACE WERE FOR THE USE OF PERSONNEL ENGAGED IN, OR SUPPORTING THE SUMMER TRAINING PROGRAM. THEREFORE, WE ADVISED THE CLAIMANT THERE INVOLVED THAT PER DIEM WAS NOT AUTHORIZED IN HIS CASE; THAT WHEN THE DECISION OF MAY 3, 1957, WAS RENDERED IT WAS ASSUMED THAT CAMP MCCOY WAS AN ACTIVE MILITARY INSTALLATION; THAT THE DECISION WOULD NO LONGER BE FOLLOWED, AND THAT IN THE EVENT HE OR OTHERS WERE PAID PER DIEM WHICH WAS NOT AUTHORIZED FOR TEMPORARY DUTY IN CONNECTION WITH THE SUMMER TRAINING PROGRAM AT CAMP MCCOY, SUCH ERRONEOUS PAYMENTS WOULD BE CONSIDERED IN THE AUDIT OF THE ACCOUNTS OF THE DISBURSING OFFICER CONCERNED. IN OTHER WORDS, THE DECISION OF NOVEMBER 25, 1958, CLEARLY POINTED OUT THAT THE PRIOR DECISION AUTHORIZING THE PAYMENT OF PER DIEM FOR DUTY AT CAMP MCCOY WAS BASED ON A MISUNDERSTANDING AS TO THE ACTUAL FACTS INVOLVED; THAT IT WOULD BE NO LONGER BE FOLLOWED, AND THAT ERRONEOUS PAYMENTS OF PER DIEM THAT HAD BEEN MADE WOULD BE FOR CONSIDERATION IN THE AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS. HENCE, 38 COMP. GEN. 388, CONSTITUTES NO PROPER BASIS FOR THE CONCLUSION THAT SUCH ERRONEOUS PAYMENTS ARE NOT TO BE DISTURBED.

THEREFORE, YOU ARE ADVISED THAT EXCEPTIONS WILL BE TAKEN TO THE FULL AMOUNTS PAID AS PER DIEM FOR DUTY OF THIS TYPE PERFORMED AT CAMP BRECKINRIDGE DURING THE 1957 SUMMER ENCAMPMENT AND FROM APRIL 1, 1958 TO JUNE 14, 1958, AND FOR AMOUNTS IN EXCESS OF $4 PER DAY FOR OFFICERS AND $1 PER DAY FOR ENLISTED MEN FOR THE PERIODS SUBSEQUENT TO JUNE 14, 1958, DURING WHICH THEY WERE ENTITLED TO BE PAID ONLY AT THOSE RATES.