B-113197, JAN 13, 1953

B-113197, JAN 13, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL H. A. SOSKIN, FC., U.S. ARMY:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT OF DECEMBER 5, 1952, YOUR LETTER OF SEPTEMBER 22, 1952, TRANSMITTING VOUCHER IN FAVOR OF COLONEL DONALD MCK. ASHTON IN THE SUM OF $4.50 REPRESENTING ADDITIONAL PER DIEM FOR TRAVEL FROM FORT MACARTHUR, CALIFORNIA, TO OGDEN, UTAH, AND RETURN, AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED.

BY LETTER ORDER 5-57, DATED MAY 9, 1952, COLONEL ASHTON WAS DIRECTED TO PROCEED ON OR ABOUT MAY 14, 1952, FROM FORT MACARTHUR, CALIFORNIA, TO OGDEN, UTAH, FOR APPROXIMATELY TWO DAYS' TEMPORARY DUTY UPON COMPLETION OF WHICH HE WAS TO RETURN TO FORT MACARTHUR. THE ORDERS SPECIFIED THAT THE TRANSPORTATION CORPS WOULD FURNISH NECESSARY TRANSPORTATION, AND THAT TRAVEL ALLOWANCES WOULD BE IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS. HE WAS FURNISHED TRANSPORTATION REQUESTS FOR TRAVEL BY RAIL FROM SAN PEDRO, CALIFORNIA, TO OGDEN, UTAH, AND RETURN AND FOR PULLMAN FROM LOS ANGELES TO OGDEN AND RETURN. HE CONVERTED THE TRANSPORTATION REQUESTS TO RAIL AND PULLMAN TICKETS AT THE UNION PACIFIC TICKET OFFICE AT SAN PEDRO, CALIFORNIA, AT WHICH POINT HE, BOARDED A UNION PACIFIC BUS CONNECTING AT EAST LOS ANGELES WITH THE UNION PACIFIC TRAIN TO OGDEN WHICH PREVIOUSLY HAD DEPARTED UNION STATION IN LOS ANGELES. UPON COMPLETION OF TEMPORARY DUTY HE RETURNED BY THE SAME ROUTE. PAYMENT OF PER DIEM ALLOWANCE FOR THREE DAYS WAS AFFECTED BY YOU ON VOUCHER 802060 IN YOUR AUGUST 1952, ACCOUNTS, COMPUTED ON THE BASIS OFF TRAIN SCHEDULES TO AND FROM UNION STATION, LOS ANGELES. YOUR DOUBT CONCERNING PAYMENT OF THE PRESENT VOUCHER FOR ADDITIONAL PER DIEM FOR ONE-HALF DAY RESULTING FROM THE COMPUTATION OF PER DIEM ON THE BASIS OF THE ACTUAL TIME INVOLVED IN TRAVEL AND TEMPORARY DUTY BEGINNING WITH TIME OF DEPARTURE FROM SAN PEDRO BY UNION PACIFIC BUS AND TIME OF ARRIVAL THEREAT UPON RETURN BY THE SAME MODE OF TRANSPORTATION APPARENTLY ARISES BY REASON OF THE PROVISIONS OF JOINT COMMERCIAL TRAFFIC BULLETIN NO. 2, CHANGE 12, DATED DECEMBER 29, 1951.

PARAGRAPH 4204-3, JOINT TRAVEL REGULATIONS, PERTAINING TO TEMPORARY DUTY ALLOWANCES IN THE UNITED STATES, PROVIDES THAT THE PORTION OF PER DIEM ALLOWANCES PAYABLE FOR TRAVEL BETWEEN DUTY POINTS WILL BE BASED ON ACTUAL AND NECESSARY SCHEDULES BY COMMON CARRIER INCLUDING BUS WHEN IT IS THE ONLY MEANS OF TRAVEL BETWEEN TWO POINTS. NOTHING IS FOUND IN JOINT COMMERCIAL TRAFFIC BULLETIN NO. 2, CHANGE 12, DATED DECEMBER 29, 1951, WHICH MAY BE CONSTRUED AS LIMITING, FOR THE PURPOSE OF COMPUTING PER DIEM, THE TIME ACTUALLY CONSUMED IN LEAVING OR REENTERING THE LOS ANGELES AREA BY COMMON CARRIER IN CONNECTION WITH TRAVEL TO OR FROM A TEMPORARY DUTY STATION. IT APPEARS THAT THE BUS FROM THE UNION PACIFIC TICKET OFFICE, SAN PEDRO, TO THE EAST LOS ANGELES STATION IS A PART OF THE UNION PACIFIC SYSTEM, THE CARRIER USED BY CLAIMANT. HENCE, HE IS ENTITLED TO PER DIEM FOR TRAVEL AND TEMPORARY DUTY UNDER THE ORDERS OF MAY 9, 1952, BASED ON THE ESTABLISHED UNION PACIFIC BUS AND TRAIN SCHEDULE FROM SAN PEDRO TO OGDEN, UTAH, VIA EAST LOS ANGELES STATION, AND RETURN, INCLUDING THE DELAY INCURRED ON THE RETURN TRIP DUE TO A PARADE IN LONG BEACH, CALIFORNIA.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF CORRECT IN OTHER RESPECTS.