B-115115, SEP 25, 1953

B-115115, SEP 25, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL F. E. BARR, FC:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 8, 1953, FORWARDED HERE BY INDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON MILITARY PAY ORDER SUBMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL GLENN A. SIKES FOR STATION PER DIEM ALLOWANCE AT THE TRAVEL PER DIEM ALLOWANCE RATE PRESCRIBED IN THE JOINT TRAVEL REGULATIONS FOR THE REPUBLIC OF COLOMBIA, COVERING THE PERIOD MARCH 8 TO APRIL 23, 1952, INCIDENT TO THE OFFICER'S INITIAL ASSIGNMENT AS AN ACCREDITED MEMBER OF THE U. S. ARMY MISSION TO COLOMBIA AT BOGOTA, COLOMBIA.

COLONEL SIKES CERTIFIED ON THE PRESENTED PAY ORDER THAT DURING THE PERIOD MARCH 8 TO APRIL 23, 1952, HE OCCUPIED TEMPORARY QUARTERS AND THAT PERMANENT TYPE HOUSING WAS NOT SECURED OR AVAILABLE TO HIM UNTIL APRIL 24, 1952. YOUR QUESTION IS AS TO WHETHER THE OFFICER IS ENTITLED UNDER THOSE CIRCUMSTANCES TO BENEFITS UNDER PARAGRAPH 4303-2 OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT, WHICH AUTHORIZES PAYMENT OF A STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THE DUTY AREA FOR THE FIRST 45 DAYS AT A NEW FORIEGN DUTY STATION WHERE NOT FURNISHED GOVERNMENT QUARTERS. YOUR DOUBT IN THE MATTER ARISES BECAUSE HE WAS IN RECEIPT OF ADDITIONAL COMPENSATION TO COVER INCREASED LIVING EXPENSES BY VIRTUE OF HIS ASSIGNMENT AS A MEMBER OF THE U. S. ARMY MISSION TO COLOMBIA.

SECTION 303(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE STATION AND TRAVEL PER DIEM ALLOWANCES FOR PAYMENT TO MILITARY PERSONNEL ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, AND SUBPARAGRAPH (H) OF THAT SECTION PROVIDES THAT REGULATIONS GOVERNING SUCH PAYMENTS SHALL BE PROMULGATED BY THE SECRETARIES. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4302, INSTRUCTION MEMORANDUM 2-5 TO THE JOINT TRAVEL REGULATIONS, DATED FEBRUARY 1, 1952, AND EFFECTIVE FROM MARCH 1, 1952, THROUGH THE PERIOD HERE INVOLVED, PROVIDES:

"MEMBERS OF THE UNIFORMED SERVICES WHO ARE ACCREDITED MEMBERS OF MISSIONS AND WHO ARE RECEIVING ADDITIONAL PAY OR ALLOWANCES FROM FOREIGN GOVERNMENTS, AGENCIES OF THE UNITED STATES OTHER THAN THEIR RESPECTIVE DEPARTMENTS, OR OTHER SOURCES, ARE NOT ENTITLED TO STATION PER DIEM ALLOWANCES EXCEPT:

"1. AS SPECIFICALLY INDICATED FOR 'ACCREDITED MISSION PERSONNEL' IN APPENDIX B; OR

"2. WHEN SPECIFICALLY AUTHORIZED BY THE SECRETARY CONCERNED. JOINT AUTHORIZATIONS ARE REQUIRED IF MORE THAN ONE DEPARTMENT IS INVOLVED."

SIMILAR PROVISIONS APPEAR IN CHANGE 2 TO THAT PARAGRAPH, DATED AUGUST 1, 1952. SUCH PROVISIONS EXPRESSLY DENY STATION PER DIEM ALLOWANCES TO THE PERSONNEL THEREIN DESIGNATED UNLESS SPECIFICALLY AUTHORIZED FOR SUCH PERSONNEL IN APPENDIX B OF THE REGULATIONS OR BY THE SECRETARY OR SECRETARIES CONCERNED. THE PROVISIONS OF PARAGRAPH 4303-2, CITED ABOVE, AUTHORIZING ADDITIONAL PER DIEM FOR THE FIRST 45 DAYS OF THE FOREIGN DUTY ASSIGNMENT, DO NOT CONTAIN THE SPECIFIC AUTHORIZATION FOR PAYMENTS TO MISSION PERSONNEL AS REQUIRED. FURTHERMORE, IT SEEMS EVIDENT THAT IF THERE HAD EXISTED AN INTENTION TO ALLOW THE ADDITIONAL PER DIEM TO MISSION PERSONNEL FOR THE FIRST 45 DAYS OF DUTY WHILE RECEIVING EXTRA COMPENSATION FROM SOURCES OTHER THAN THEIR RESPECTIVE DEPARTMENTS, PROVISION WOULD HAVE BEEN MADE IN THE REGULATION TO REDUCE THE PER DIEM AUTHORIZED FOR THAT PERIOD TO THE EXTENT OF THE EXTRA COMPENSATION RECEIVED SO THAT THE POSITION OF THOSE AFFECTED MIGHT MORE NEARLY APPROXIMATE THAT OF OTHER OFFICERS SIMILARLY SITUATED WHO WERE NOT MISSION PERSONNEL. SEE IN THAT CONNECTION CHANGE 10 TO PARAGRAPH 4302-2B OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1953, WHERE PROVISION TO SUCH EFFECT WAS INCLUDED. IS CONCLUDED, THEREFORE, THAT PAYMENT PROPERLY MAY NOT BE MADE ON THE PAY ORDER, WHICH WILL BE RETAINED IN THIS OFFICE.