B-115469, JUN 12, 1953

B-115469, JUN 12, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL JAMES W. COMINGS:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT OF MAY 25, 1953, FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, YOUR LETTER OF MAY 4, 1953, REQUESTING DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER SUBMITTED THEREWITH COVERING PAYMENT OF ADDITIONAL PER DIEM TO COLONEL ALBERT J. THACKSTON, JR., FOR TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD MAY 26 TO JUNE 2, 1952.

MOVEMENT ORDER 24, APRIL 11, 1952, HEADQUARTERS, FIRST ARMY, GOVERNORS ISLAND, NEW YORK, NEW YORK, DIRECTED DETACHMENTS OF THE FIRST ARMY DESERT ROCK IV UNIT (PROVISIONAL), TO PROCEED FROM FORT TOTTEN, NEW YORK, TO CAMP DESERT ROCK, NEVADA, IN CONNECTION WITH THE EXERCISE MENTIONED THEREIN, UPON COMPLETION OF WHICH THE DETACHMENTS WERE TO RETURN TO HOME STATION. SAID ORDERS DIRECTED TRAVEL BY MILITARY OR GOVERNMENT CHARTERED AIRCRAFT TO LAS VEGAS, NEVADA, AND STATED THAT "ALL TRAVEL AND TEMPORARY DUTY PERFORMED UNDER THIS ORDER IS FIELD DUTY AS CONTEMPLATED BY PAR 4201-7, JOINT TRAVEL REGULATIONS, AS AMENDED AND SECTION IV DA CIR 70, 1951." PARAGRAPH 33, SPECIAL ORDERS NO. 96, MAY 14, 1952, SAME HEADQUARTERS, AS AMENDED, PLACED THE OFFICER ON DETACHED SERVICE WITH DETACHMENT "C" OF THE ABOVE-MENTIONED UNIT, FORT TOTTEN, NEW YORK, FOR THE PURPOSE OF PARTICIPATING AS A TROOP OBSERVER IN SUCH EXERCISE, AND UPON COMPLETION OF DETACHED SERVICE HE WAS TO RETURN TO PROPER ORGANIZATION AND STATION AT FORT DIX, NEW JERSEY. HE STATES THAT HE TRAVELED TO FORT TOTTEN FROM 1:00 P.M., TO 2:20 P.M., MAY 26, BY GOVERNMENT AUTOMOBILE AND DEPARTED THEREFROM FOR CAMP DESERT ROCK BY GOVERNMENT AIRCRAFT AT 7:10 P.M., MAY 27, 1952; THAT RETURN TRAVEL FROM CAMP DESERT ROCK TO NEW YORK, NEW YORK, WAS BY GOVERNMENT AIRCRAFT ON JUNE 1 AND 2; AND THAT HE PROCEEDED BY GOVERNMENT AUTOMOBILE FROM NEW YORK TO FORT DIX, DURING THE PERIOD 12 NOON TO 2:35, P.M., ON THE LATTER DATE. IT IS STATED THAT GOVERNMENT QUARTERS WERE AVAILABLE FROM MAY 26 TO JUNE 1, 1952, AND THAT HE HAS BEEN PAID A PER DIEM OF $4.50 FOR THE PERIODS OF TRAVEL BY GOVERNMENT AUTOMOBILE FROM AND RETURN TO FORT DIX.

PARAGRAPH 4201-7, JOINT TRAVEL REGULATIONS, PROVIDES THAT NO PER DIEM SHALL BE PAID "FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR CIVILIAN COMPONENTS, AND DUTY AS OBSERVER, EMPIRE, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OF FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED." IN CLARIFICATION OF SUCH REGULATIONS, PARAGRAPH 1, SECTION IV, DEPARTMENT OF THE ARMY CIRCULAR NO. 70, 1951, STATES THAT "PER DIEM IS NOT PAYABLE FOR ANY TRAVEL AND TEMPORARY DUTY PERFORMED BY UNITS, INCLUDING ADVANCE AND REAR ECHELONS, TO, FROM, AND WHILE IT MANEUVER, EXERCISE, OR CAMP SITES, SO LONG AS GOVERNMENT SUBSISTENCE OF ANY TYPE (INCLUDING MEAL TICKETS) AND GOVERNMENT QUARTERS OF ANY TYPE ARE FURNISHED OR MADE AVAILABLE, REGARDLESS OF WHETHER THEY ARE UTILIZED."

WHILE NOTHING IS STATED AS TO THE RATIONS WHICH WERE AVAILABLE DURING THE PERIOD INVOLVED, IT APPEARS THAT GOVERNMENT SUBSISTENCE OF SOME TYPE WAS AVAILABLE DURING THE PERIODS OF TRAVEL TO AND FROM AND WHILE ON DUTY AT CAMP DESERT ROCK. SINCE THE ORDERS OF APRIL 11, 1952, STATE THAT ALL SUCH TRAVEL AND TEMPORARY DUTY IS FIELD DUTY AS CONTEMPLATED BY THE REGULATIONS, AND SINCE GOVERNMENT QUARTERS WERE AVAILABLE AND COLONEL THACKETON PARTICIPATED IN SUCH FIELD DUTY AS AN OBSERVER, NO RIGHT TO PER DIEM ACCRUED TO HIM DURING SUCH PERIODS OF TRAVEL AND DUTY. COMPARE 20 COMP. GEN. 856. HOWEVER, SINCE IT APPEARS THAT THE FIELD DUTY DID NOT COMMENCE UNTIL DEPARTURE FROM FORT TOTTEN, HE IS ENTITLED TO PER DIEM FOR THE PERIOD OF DUTY AT THE LATTER PLACE. HAVING BEEN PAID A QUARTER PER DIEM FOR THE PERIOD OF TRAVEL TO FORT TOTTEN, ADDITIONAL PER DIEM FOR ONE AND ONE-QUARTER DAYS IS DUE HIM FOR REMAINDER OF MAY 26 AND FOR MAY 27. HOWEVER, $4 SHOULD BE DEDUCTED THEREFROM FOR THE QUARTERS AVAILABLE ON MAY 27, 1952.

THE SUBMITTED VOUCHER IS RETURNED HEREWITH AND IF IT IS AMENDED IN ACCORDANCE WITH THE FOREGOING, PAYMENT THEREON IS AUTHORIZED IF IT IS CORRECT IN OTHER RESPECTS.