B-116505, AUG 18, 1953
Highlights
REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED. LIEUTENANT COLONEL LINDSEY WAS DIRECTED TO PROCEED ON TEMPORARY DUTY FROM THE UNIVERSITY OF CALIFORNIA. IT APPEARS THAT THE ENCAMPMENT WAS SCHEDULED FOR SIX WEEKS. THAT THE STUDENTS WERE TO ARRIVE AND BEGIN PROCESSING ON JUNE 20. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF PER DIEM ARISES FROM THE FACT THAT THE PERIOD IN QUESTION WAS SPENT AT THE PLACE OF ENCAMPMENT BUT NOT DURING THE PERIOD OF ENCAMPMENT. 1952) THAT PER DIEM IS NOT PAYABLE FOR FIELD DUTY. WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED. WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPHS 2 AND 3. WHICH FURTHER PROVIDE THAT "ADVANCE STAFF PLANNING AND CRITIQUE PHASES ARE NOT CONSIDERED TO TAKE PLACE AT ENCAMPMENTS OF THE CIVILIAN COMPONENTS OR RESERVE OFFICERS' TRAINING CORPS.".
B-116505, AUG 18, 1953
PRECIS-UNAVAILABLE
CAPTAIN F. H. METCALF, FC,:
THERE HAS BEEN RECEIVED BY SECOND INDORSEMENT DATED AUGUST 3, 1953, YOUR LETTER OF JULY 20, 1953, PRESENTING VOUCHER IN FAVOR OF LIEUTENANT COLONEL CLIFTON S. LINDSEY (0377868) IN THE SUM OF $30 REPRESENTING PER DIEM FOR THE PERIOD JUNE 14 THROUGH JUNE 19, 1953, AND REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED.
BY LETTER ORDERS DATED MAY 22, 1953, LIEUTENANT COLONEL LINDSEY WAS DIRECTED TO PROCEED ON TEMPORARY DUTY FROM THE UNIVERSITY OF CALIFORNIA, BERKELEY, CALIFORNIA, TO CAMP CARSON, COLORADO, SO AS TO ARRIVE NOT LATER THAN JUNE 13, 1953, FOR THE PURPOSE OF ATTENDING CORPS OF ENGINEERS RESERVE OFFICERS' TRAINING CORPS SUMMER CAMP. IT APPEARS THAT THE ENCAMPMENT WAS SCHEDULED FOR SIX WEEKS, AND THAT THE STUDENTS WERE TO ARRIVE AND BEGIN PROCESSING ON JUNE 20, 1953, WITH TRAINING TO BEGIN ON JUNE 22, 1953. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF PER DIEM ARISES FROM THE FACT THAT THE PERIOD IN QUESTION WAS SPENT AT THE PLACE OF ENCAMPMENT BUT NOT DURING THE PERIOD OF ENCAMPMENT.
SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON CHANGE OF PERMANENT STATION OR OTHERWISE OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND THAT SUCH ALLOWANCES MAY INCLUDE A PER DIEM IN LIEU OF SUBSISTENCE.
JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 4201-7, CHANGE 6, DECEMBER 1, 1952) THAT PER DIEM IS NOT PAYABLE FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR CIVILIAN COMPONENTS, AND DUTY AS OBSERVER, UMPIRE, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED, EXCEPT WHEN ACTUALLY ENGAGED IN THE "ADVANCE PLANNING AND CRITIQUE PHASES" OF THE OPERATION. SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPHS 2 AND 3, SPECIAL REGULATIONS 35-3080-5, DATED AUGUST 26, 1952, WHICH FURTHER PROVIDE THAT "ADVANCE STAFF PLANNING AND CRITIQUE PHASES ARE NOT CONSIDERED TO TAKE PLACE AT ENCAMPMENTS OF THE CIVILIAN COMPONENTS OR RESERVE OFFICERS' TRAINING CORPS."
SINCE IT APPEARS THAT LIEUTENANT COLONEL LINDSEY MAY NOT BE CONSIDERED AS HAVING BEEN ENGAGED IN ADVANCE PLANNING AND CRITIQUE PHASES DURING THE PERIOD IN QUESTION, THE ONLY BASIS FOR THE PAYMENT OF PER DIEM WOULD BE THAT RATIONS AND QUARTERS WERE NOT AVAILABLE OR FURNISHED. AS TO THIS THE RECORD IS SILENT. HOWEVER, SINCE THE ENCAMPMENT WAS AT AN ESTABLISHED MILITARY INSTALLATION WHERE RATIONS AND QUARTERS ORDINARILY WOULD BE AVAILABLE, IT REASONABLY IS TO BE ASSUMED THAT SUCH FACILITIES WERE AVAILABLE TO LIEUTENANT COLONEL LINDSEY. THUS, ON THE PRESENT RECORD, THERE APPEARS NO BASIS FOR PAYMENT. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED IN THIS OFFICE.