B-104054, JAN 26, 1953

B-104054, JAN 26, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL EDWARD W. KILLGORE, USAF:

REFERENCE IS MADE TO YOUR COMMUNICATION OF SEPTEMBER 11, 1952, IN EFFECT REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 28, 1952, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL PER DIEM ALLOWANCE AND REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED UNDER PARAGRAPH 2 OF SPECIAL ORDERS NO. 49, HEADQUARTERS 10TH AIR DIVISION (DEFENSE), ELMENDORF AIR FORCE BASE, ALASKA, DATED APRIL 2, 1951.

THE SAID ORDERS CONFIRMED VERBAL ORDERS OF APRIL 1, 1951, WHICH DIRECTED THAT YOU AND OTHER DESIGNATED OFFICERS PROCEED ON OR ABOUT APRIL 1, 1951, TO THE LADD AIR FORCE BASE ON TEMPORARY DUTY FOR APPROXIMATELY 18 DAYS AS FIRESTEP UMPIRES, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION, AND PROVIDED THAT THE TRANSPORTATION OFFICER WOULD FURNISH NECESSARY TRANSPORTATION. YOU STATE THAT YOU LEFT ELMENDORF AIR FORCE BASE UNDER THESE ORDERS ON APRIL 1, 1951, BY MILITARY AIRCRAFT FOR LADD AIR FORCE BASE AND THAT YOU RETURNED THEREFROM ON APRIL 17, 1951, THE RETURN TRAVEL BEING PERFORMED BY RAIL BECAUSE NO MILITARY AIRCRAFT WERE AVAILABLE. YOU STATE ALSO THAT YOU STAYED IN BACHELOR OFFICER QUARTERS WHILE AT LADD AIR FORCE BASE FOR WHICH YOU WERE CHARGED $1.25 PER NIGHT, AND THAT MEALS WERE PURCHASED AT THE OFFICERS' CLUB OR IN FAIRBANKS WHEN DUTY HOURS DID NOT COINCIDE WITH CLUB DINING HOURS.

REGULATIONS GOVERNING THE PAYMENT OF PER DIEM ALLOWANCES AND TRANSPORTATION EXPENSES TO MILITARY PERSONNEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4250-4 OF THOSE REGULATIONS, COVERING DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO TRAVEL PER DIEM "FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENT FOR CIVILIAN COMPONENTS, AND DUTY AS OBSERVER, UMPIRE, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE FURNISHED WHETHER OR NOT SUCH FACILITIES ARE USED." IT WAS REPORTED BY HEADQUARTERS, 5001ST COMPOSITE WING, LADD AIR FORCE BASE, IN INDORSEMENT TO LETTER OF SEPTEMBER 4, 1951, FROM THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, CONCERNING YOUR CLAIM, THAT "GOVERNMENT QUARTERS AND OR MESSING FACILITIES WERE AVAILABLE FROM 1 APRIL THRU 17 APRIL 1951 AT THIS STATION." GOVERNMENT QUARTERS ARE TO BE CONSIDERED AS AVAILABLE TO AN OFFICER EVEN THOUGH HE WAS REQUIRED TO PAY INCIDENTAL ROOM FEES OR SERVICE CHARGES IN CONNECTION WITH THEIR OCCUPANCY. SEE PARAGRAPH 4255 OF THE JOINT TRAVEL REGULATIONS. PRESUMABLY THE ROOM CHARGES STATED BY YOU TO HAVE BEEN PAID AT THE LADD AIR FORCE BASE WERE OF THAT NATURE. THE TEMPORARY DUTY DIRECTED FOR PERFORMANCE BY YOU IN THE ORDERS OF APRIL 2, 1951, WAS THAT OF UMPIRE. CONSEQUENTLY, IN VIEW OF THE REPORT AS TO THE AVAILABILITY OF GOVERNMENT QUARTERS AND MESS DURING THE PERIOD IN QUESTION, THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF THE PER DIEM CLAIMED.

PARAGRAPH 4203-3C OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE WAS AVAILABLE BUT TRAVEL WAS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION, IS PROHIBITED. YOUR ORDERS PROVIDED THAT THE TRANSPORTATION OFFICER WOULD FURNISH TRANSPORTATION AND IT APPEARS TO HAVE BEEN CONTEMPLATED THAT TRAVEL SHOULD BE PERFORMED THEREUNDER BY THE USE OF GOVERNMENT TRANSPORTATION FACILITIES. WHILE YOU STATE THAT TRAVEL WAS PERFORMED BY RAIL TO RETURNING TO YOUR DUTY STATION BECAUSE NO MILITARY AIRCRAFT WERE AVAILABLE, A COPY OF THE FLIGHT LOG, FURNISHED BY HEADQUARTERS, 5001ST COMPOSITE WING, LADD AIR FORCE BASE, LISTING MILITARY AIRCRAFT DEPARTING FROM THAT BASE FOR THE ELMENDORF AIR FORCE BASE DURING THE PERIOD APRIL 15 THROUGH APRIL 18, 1951, SHOWS SEVERAL FLIGHTS FOR EACH OF THE DAYS IN THAT PERIOD. IN VIEW OF SUCH INFORMATION, AND IN THE ABSENCE OF EVIDENCE THAT TRANSPORTATION WOULD NOT HAVE BEEN AVAILABLE FOR YOU ON ONE OF SUCH FLIGHTS HAD REQUEST THEREFOR BEEN MADE, THIS OFFICE WOULD NOT BE WARRANTED UNDER THE REGULATIONS IN AUTHORIZING THE PAYMENT TO YOU OF AN ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE RETURN JOURNEY UNDER YOUR ORDERS OF APRIL 2, 1951.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF JULY 28, 1952, IS SUSTAINED.