B-115091, DEC 15, 1953

B-115091, DEC 15, 1953

PRECIS-UNAVAILABLE

MR. EUGENE G. WHEATLEY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1953, RELATIVE TO SETTLEMENT DATED MARCH 31, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIODS APRIL 1 TO 13 AND MAY 6 TO 12, 1951.

IT APPEARS THAT YOU TRAVELED FROM MIAMI INTERNATIONAL AIRPORT, MIAMI, FLORIDA, TO POPE AIR FORCE BASE, FORT BRAGG, NORTH CAROLINA, ON APRIL 1, 1951, AND RETURNED TO MIAMI ON APRIL 13, 1951, PURSUANT TO VERBAL ORDERS OF YOUR COMMANDING OFFICER OF APRIL 1, 1951, CONFIRMED BY PARAGRAPH 16, SPECIAL ORDERS NO. 65 ISSUED AT MIAMI INTERNATIONAL AIRPORT ON MAY 15, 1951, DIRECTING YOU TO PROCEED TO POPE AIR FORCE BASE FOR APPROXIMATELY 13 DAYS' TEMPORARY DUTY "FOR PURPOSE OF PARTICIPATING IN AIRBORNE MANEUVERS," UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. YOU PROCEEDED TO LAWSON AIR FORCE BASE ON MAY 6 AND RETURNED ON MAY 12, 1951, PURSUANT TO SIMILAR VERBAL ORDERS OF YOUR COMMANDING OFFICER OF MAY 6, 1951, AS CONFIRMED BY PARAGRAPH 12, SPECIAL ORDERS NO. 58, MAY 7, 1951, WHICH DIRECTED TRAVEL TO THE LATTER PLACE FOR A SIMILAR PURPOSE. YOU STATE THAT GOVERNMENT QUARTERS WERE OCCUPIED DURING THE PERIODS INVOLVED.

YOUR CLAIM WAS DISALLOWED UNDER THE PROVISIONS OF PARAGRAPH 4201-7, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, WHICH PROVIDED THAT MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES *** AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED." WHILE YOU DENY THAT THERE WERE ANY "MANEUVERS," AS SUCH, AT THE POINTS OF TEMPORARY DUTY DURING THE PERIODS INVOLVED, YOUR ORDERS CLEARLY DESCRIBE THE DUTY REQUIRED OF YOU AS SUCH AS WOULD BE INCLUDED WITHIN THE WORDS "FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISE *** AND OTHER SIMILAR ACTIVITIES." YOU HAVE FURNISHED NO EVIDENCE FROM OFFICIAL SOURCES THAT THE DUTY CONTEMPLATED BY YOUR ORDERS WAS IMPROPERLY DESCRIBED IN YOUR ORDERS. HENCE, IF BOTH QUARTERS AND RATIONS IN KIND, INCLUDING FIELD RATIONS, WERE AVAILABLE NO RIGHT TO PER DIEM ACCRUED. YOU ADMIT THAT YOU OCCUPIED GOVERNMENT QUARTERS AND REPORT FROM POPE AIR FORCE BASE DATED OCTOBER 26, 1953, STATES THAT:

"*** THE OFFICER'S FIELD RATION MESS WAS AVAILABLE FOR MESSING ON THE DATES, 1 APRIL THROUGH 13 APRIL 1951, FOR ALL OFFICER'S ON POPE AIR FORCE BASE, WHETHER ON A TDY BASIS, OR FOR THOSE OFFICER'S PERMANENTLY ASSIGNED." REPORT FROM LAWSON AIR FORCE BASE DATED JUNE 12, 1953, STATES THAT:

"*** RATION IN KIND AND FIELD RATION WERE AVAILABLE AT LAWSON AIR FORCE BASE DURING THE PERIOD 7 MAY TO 12 MAY 1951."

UNDER THE CIRCUMSTANCES SHOWN, YOU WERE NOT ENTITLED TO PER DIEM DURING THE PERIODS OF YOUR CLAIM AND THE SETTLEMENT OF MARCH 31, 1953, ACCORDINGLY, IS SUSTAINED.