B-115627, JULY 9, 1953, 33 COMP. GEN. 16

B-115627, JULY 9, 1953, 33 COMP. GEN. 16

SUBSISTENCE - PER DIEMS - MILITARY PERSONNEL ATTENDING SCHOOLS - SPECIAL DUTY AN ARMY OFFICER WHO IS ORDERED ON TEMPORARY DUTY TO ATTEND A COURSE OF INSTRUCTION AT AN INSTALLATION WHERE BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE AND WHO, AFTER ARRIVAL, IS DIRECTED TO PERFORM SPECIAL DUTY FOR APPROXIMATELY A MONTH BEFORE BEING PERMITTED TO ATTEND THE COURSE OF INSTRUCTION IS ENTITLED, UNDER PARAGRAPH 4205-5C (4) JOINT TRAVEL REGULATIONS, TO PER DIEM AT THE RATE OF $1 PER DAY DURING THE PERIOD HE PERFORMS THE SPECIAL DUTY AND ATTENDS THE COURSE OF INSTRUCTION.

COMPTROLLER GENERAL WARREN TO LT. COL. HENRY RUFF, DEPARTMENT OF THE ARMY, JULY 9, 1953:

BY FIRST ENDORSEMENT OF JUNE 4, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MAY 21, 1953, FOR ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, COVERING PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY TO SECOND LIEUTENANT THOMAS E. HARTSFIELD, ORDNANCE CORPS, FOR DUTY PERFORMED BY HIM AT ABERDEEN PROVING GROUND, MD., DURING THE PERIOD DECEMBER 11, 1952, TO APRIL 17, 1953.

THE OFFICER WAS ORDERED INTO ACTIVE MILITARY SERVICE BY PARAGRAPH 2, SPECIAL ORDERS NO. 254, HEADQUARTERS FOURTH ARMY, FORT SAM HOUSTON, TEX., DATED OCTOBER 31, 1952, WHICH DIRECTED HIM TO PROCEED ON DECEMBER 7, 1952, AND REPORT TO STUDENT DETACHMENT, THE ORDNANCE SCHOOL, ABERDEEN PROVING GROUND, MD., FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THE ORDERS STATED THAT TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED UNTIL FURTHER PERMANENT CHANGE OR ORDERS WAS ISSUED.

PARAGRAPH 21, SPECIAL ORDERS NO. 245, ISSUED AT ABERDEEN PROVING GROUND ON DECEMBER 15, 1952, CONFIRMED VERBAL ORDERS OF THE COMMANDING GENERAL OF DECEMBER 11, 1952, PLACING THE OFFICER ON SPECIAL DUTY WITH 9301 TSU ORDNANCE, HEADQUARTERS AND HEADQUARTERS COMPANY, ORTC, FOR APPROXIMATELY 28 DAYS EFFECTIVE DECEMBER 11, 1952, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS PROPER ORGANIZATION FOR THE PURPOSE OF PURSUING ORDNANCE OFFICER ASSOCIATE BASIC COURSE (9-0-2), NO. 31. IT WAS STATED THEREIN THAT THE VERBAL ORDERS WERE ISSUED UNDER CIRCUMSTANCES WHICH PREVENTED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE.

YOU STATE THAT HE PERFORMED SPECIAL DUTY WITH A UNIT AT ABERDEEN PROVING GROUND FROM DECEMBER 11, 1952, TO JANUARY 11, 1953, THAT HE ATTENDED COURSE NO. 31, FROM JANUARY 12, TO APRIL 17, 1953, AND THAT HE WAS REASSIGNED TO REDSTONE ARSENAL, HUNTSVILLE, ALA., ON A PERMANENT CHANGE OF STATION UPON COMPLETION OF THE ABOVE-MENTIONED COURSE OF INSTRUCTION. THE RECORD SHOWS THAT GOVERNMENT QUARTERS AND FIELD RATION MESS WERE AVAILABLE DURING HIS PERIOD OF DUTY AT ABERDEEN PROVING GROUND.

PARAGRAPH 4205-5C (4), JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. PARAGRAPH 38A, SPECIAL REGULATIONS 345-400-1, STATES THAT AN INDIVIDUAL IS ON SPECIAL DUTY WHEN PERFORMING DUTY FOR ANOTHER ORGANIZATION AND REPORTING DAILY TO THE ORGANIZATION TO WHICH HE IS ASSIGNED OR ATTACHED.

WHERE, AS HERE, AN OFFICER IS SENT ON TEMPORARY DUTY TO A MILITARY INSTALLATION TO ATTEND A COURSE OF INSTRUCTION AND AFTER ARRIVAL AT SUCH MILITARY INSTALLATION HE IS DIRECTED TO PERFORM SPECIAL DUTY BEFORE BEING PERMITTED TO ATTEND THE COURSE OF INSTRUCTION, UNDER CIRCUMSTANCES WHERE BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE ON THE SAME BASIS AS DURING THE COURSE OF INSTRUCTION, SUCH SPECIAL DUTY SEEMS SUFFICIENTLY RELATED TO THE COURSE OF INSTRUCTION AS TO WARRANT THE CONCLUSION THAT PER DIEM IS PAYABLE AT THE SAME RATE DURING THE ENTIRE PERIOD HE PERFORMED SPECIAL DUTY AND ATTENDED THE COURSE OF INSTRUCTION.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF IT IS CORRECT IN OTHER RESPECTS.