B-163290, APR. 29, 1968

B-163290, APR. 29, 1968

TO MR. PHILIP S. GRIFFEY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM FOR TEMPORARY DUTY FOR THE PERIOD AUGUST 25, 1965, THROUGH AUGUST 17, 1966, INCIDENT TO YOUR SERVICE AS AIRMAN, SECOND CLASS, UNITED STATES AIR FORCE, WHICH WAS THE SUBJECT OF DECISION TO YOU OF MARCH 13, 1968, B-163290.

IN THE DECISION OF MARCH 13, 1968, WE SAID THAT BY ORDERS DATED AUGUST 18, 1965, YOU WERE TRANSFERRED FROM BEALE AIR FORCE BASE, CALIFORNIA, TO APO SAN FRANCISCO 96307, FOR TEMPORARY DUTY OF APPROXIMATELY 124 DAYS; THAT YOU DEPARTED BEALE AIR FORCE BASE ON AUGUST 25, 1965, AND ARRIVED AT YOUR TEMPORARY OVERSEAS STATION, BAN ME THUOT AIRFIELD, VIETNAM, ON SEPTEMBER 10, 1965. ALSO, WE SAID THAT SPECIAL ORDER A-1655 DATED DECEMBER 17, 1965, DESIGNATED BAN ME THUOT AS YOUR PERMANENT STATION EFFECTIVE JANUARY 10, 1966. WE STATED THAT THE RECORD DID NOT SHOW WHEN YOU RECEIVED THE LATTER ORDERS BUT SINCE THEY WERE ISSUED AT BEALE AIR FORCE BASE AND SINCE YOU WERE THEN AT BAN ME THUOT AIRFIELD, IT WAS ASSUMED THEY REACHED YOU NO LATER THAN DECEMBER 27, 1965.

SINCE PARAGRAPH M4209 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO RECEIVES PERMANENT CHANGE OF STATION ORDERS AT A TEMPORARY STATION WHICH DESIGNATE HIS TEMPORARY STATION AS HIS PERMANENT STATION IS NOT ENTITLED TO PER DIEM BEGINNING ON THE DATE OF RECEIPT OF THE PERMANENT CHANGE OF STATION ORDERS, WE SAID YOU WERE NOT ENTITLED TO PER DIEM AFTER DECEMBER 26, 1965.

ALSO, WE MENTIONED THAT ORDERS DATED AUGUST 19, 1966, PURPORT TO CONFIRM VERBAL ORDERS OF JANUARY 16, 1966, PLACING YOU ON TEMPORARY DUTY AT BAN ME THUOT AIRFIELD FOR APPROXIMATELY 164 DAYS EFFECTIVE ON OR ABOUT JANUARY 18, 1966; THAT ORDERS DATED AUGUST 19, 1966, PURPORT TO CONFIRM VERBAL ORDERS OF JUNE 16, 1966, PLACING YOU ON TEMPORARY DUTY AT THE SAME PLACE FOR APPROXIMATELY 60 DAYS EFFECTIVE ON OR ABOUT JULY 1, 1966, AND THAT ORDERS DATED JANUARY 11, 1967, PURPORT TO BE BASED ON VERBAL ORDERS OF DECEMBER 23, 1965, AMENDING THE ORDERS OF AUGUST 18, 1965" TO READ 149 DAYS' TEMPORARY DUTY. WE SAID THAT SINCE THOSE VERBAL ORDERS WERE NOT CONFIRMED WITHIN A REASONABLE TIME THEY COULD NOT BE ACCEPTED AS VALID TRAVEL ORDERS AND IN ANY EVENT SINCE THEY WOULD HAVE PLACED YOU ON TEMPORARY DUTY AT YOUR PERMANENT STATION, THERE IS NO BASIS FOR PAYMENT OF PER DIEM AFTER DECEMBER 26, 1965. THEREFORE, YOU WERE ADVISED YOU ARE ENTITLED TO PER DIEM ONLY FOR THE PERIOD AUGUST 25 THROUGH DECEMBER 26, 1965.

IN YOUR PRESENT LETTER YOU SAY THAT APO 96307, DESIGNATED IN SPECIAL ORDER A-1655 (DECEMBER 17, 1965) AS YOUR PERMANENT STATION, WAS NOT BAN ME THUOT AIRFIELD BUT WAS TAN SON NHUT AIR BASE, THAT BAN ME THUOT AIRFIELD (APO 96297) WAS YOUR TEMPORARY STATION. YOU CONTEND THAT THIS ALTERS THE EFFECT OF PARAGRAPH M4209 OF THE JOINT TRAVEL REGULATIONS AND TENDS TO INVALIDATE THE DECISION. ALSO, YOU SAY THAT SINCE YOU PAID FOR YOUR MEALS AT BAN ME THUOT, YOU BELIEVE YOU ARE ENTITLED TO RECEIVE REIMBURSEMENT FOR RATIONS AT EITHER THE TEMPORARY OR PERMANENT STATION RATE.

WHEN YOUR CLAIM WAS RECEIVED IN THIS OFFICE FROM THE DIRECTORATE OF QUALITY EXAMINATION, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, ON ONE OF THE TWO ACCOMPANYING COPIES OF SPECIAL ORDERS A 1655, IN ITEM 7 WHERE YOUR STATION WAS DESIGNATED AS APO SAN FRANCISCO 96307, THAT DESIGNATION WAS CIRCLED AND 96297 WRITTEN IN. ON THE OTHER COPY OF THOSE ORDERS 96307 WAS CIRCLED AND BAN ME THUOT WRITTEN IN. ON THE BASIS OF THAT INFORMATION FURNISHED BY THE AIR FORCE AND SINCE THE ITINERARY ON THE TRAVEL VOUCHER WHICH YOU SIGNED ON JULY 20, 1967, SHOWS THAT YOU ARRIVED AT BAN ME THUOT AIRFIELD ON SEPTEMBER 10, 1965, AND WERE AT THAT LOCATION THEREAFTER UNTIL AUGUST 17, 1966, EXCEPT FOR A FEW TRAVEL DAYS, WE CONCLUDED THAT BAN ME THUOT AIRFIELD WAS YOUR DESIGNATED PERMANENT STATION AFTER RECEIPT OF THE ORDERS OF DECEMBER 17, 1965.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE, AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT PARTICULARLY AS TO THE DURATION THEREOF AND THE NATURE OF THE DUTY ENJOINED. 24 COMP. GEN. 667, 670; 33 ID. 98. YOUR ITINERARY SHOWS THAT YOU ARRIVED AT TAN SON NHUT AIR BASE ON AUGUST 31, 1965, AND AT BAN ME THUOT AIRFIELD ON SEPTEMBER 10, 1965. THEREAFTER, YOU WERE AT THE LATTER LOCATION EXCEPT FOR JANUARY 17 AND 18, JUNE 30, JULY 1 AND AUGUST 17, 1966, WHEN YOU TRAVELED TO TAN SON NHUT AIR BASE VIA PLEIKU AIR BASE.

THEREFORE, NOTWITHSTANDING YOUR PRESENT CONTENTION THAT TAN SON NHUT AIR BASE WAS DESIGNATED AS YOUR PERMANENT STATION AND THAT BAN ME THUOT AIRFIELD WAS YOUR TEMPORARY STATION IT SEEMS CLEAR THAT YOUR PRIMARY DUTY WAS AT BAN ME THUOT AIRFIELD AND THAT TAN SON NHUT AIR BASE WAS MERELY A PROCESSING CENTER. APPARENTLY, THIS WAS CONSIDERED BY THE AIR FORCE WHEN THE DESIGNATION OF LOCATION OF YOUR PERMANENT STATION IN THE ORDERS OF DECEMBER 17, 1965, WAS CHANGED TO REFLECT THAT YOUR PERMANENT STATION WAS BAN ME THUOT AIRFIELD. CONSEQUENTLY, THE LATTER PLACE MUST BE REGARDED AS YOUR ACTUAL PERMANENT STATION BEGINNING DECEMBER 27, 1965, NOTWITHSTANDING ANY MISUNDERSTANDING AS TO THE CORRECT DESIGNATION IN THE ORDERS.

THUS, NO CHANGE IS REQUIRED IN THE APPLICATION OF PARAGRAPH M4209 OF THE JOINT TRAVEL REGULATIONS AND NO PER DIEM MAY BE PAID FOR DUTY THERE AFTER DECEMBER 26, 1965. SINCE, HOWEVER, THE RECORD SHOWS THAT GOVERNMENT MESS WAS NOT AVAILABLE FOR YOU AT BAN ME THUOT AIRFIELD AND SINCE THE VARIOUS VERBAL ORDERS MENTIONED ABOVE MAY NOT BE ACCEPTED AS VALID TRAVEL ORDERS FOR THE PURPOSE OF PLACING YOU IN A PER DIEM STATUS FOR THE DAYS YOU WERE AWAY FROM YOUR PERMANENT STATION, YOU ARE ENTITLED TO BE REIMBURSED FOR RATIONS AT THE PERMANENT STATION RATE FOR THE PERIOD DECEMBER 27, 1965, THROUGH AUGUST 17, 1966.

A SUPPLEMENTARY SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.