B-117167, JAN 8, 1954

B-117167, JAN 8, 1954

PRECIS-UNAVAILABLE

ROBERT M. FITCH, M. D.:

REFERENCE IS MADE TO YOUR COMMUNICATION ON THE REVERSE OF SETTLEMENT DATED SEPTEMBER 1, 1953, PROTESTING THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM FOR THE PERIOD MARCH 11 TO MARCH 24, 1952, WHILE YOU WERE SERVING ON ACTIVE DUTY AS FIRST LIEUTENANT, UNITED STATES AIR FORCE.

BY LETTER ORDER NO. 76, HEADQUARTERS 132D FIGHTER-BOMBER WING, LOW AIR FORCE BASE, DANGER, MAINE, DATED MARCH 3, 1952, YOU WERE DIRECTED TO PROCEED ON OR ABOUT MARCH 5, 1952, TO STEPHENVILLE, TEXAS, ON TEMPORARY DUTY OF APPROXIMATELY 64 DAYS TO PARTICIPATE IN A CERTAIN FIELD EXERCISE WITH DUTY AS MEDICAL OFFICER (DPUO). SUCH ORDERS PROVIDED THAT, "SINCE FLD RATION MESS AND QRS ARE AVAL NO PER DIEM AUTHD, EXCEPT WHILE IN TVL STATUS," AND THAT, "CLOTHING AND EQUIP W/B IAW TA-21 LESS SHELTER HALF AND WEAPONS." BY PARAGRAPH 4 OF LETTER ORDER NO. 296, HEADQUARTERS 132D FIGHTER-BOMBER WING, ALEXANDRIA AIR FORCE BASE, ALEXANDRIA, LOUISIANA, DATED OCTOBER 15, 1952, THE SAID LETTER ORDER NO. 76 WAS RETROACTIVELY AMENDED TO READ "PER DIEM AUTHD FOR TEMP DY EXCEPT DURING THE PD 25 MAR TO 9 APR 52 INCLUSIVE." IT IS INDICATED THAT SUCH AMENDMENT WAS EFFECTED BECAUSE OF ADMINISTRATIVE ERROR IN THE ORIGINAL ISSUANCE OF YOUR LETTER ORDERS. THERE IS NO INDICATION, HOWEVER, THAT THE ORIGINAL ORDERS DID NOT REFLECT THE ACTUAL QUARTERS AND MESSING SITUATION AT YOUR TEMPORARY DUTY STATION. SEE 24 COMP. GEN. 439.

UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, CHANGES 1, DATED AUGUST 1, 1951, APPLICABLE DURING THE PERIOD OF YOUR TEMPORARY DUTY, A PER DIEM ALLOWANCE IS AUTHORIZED FOR ALL PERIODS OF TEMPORARY DUTY AND TRAVEL EXCEPT IN THOSE CASES ENUMERATED IN PARAGRAPH 4201. INSOFAR AS YOUR CLAIM IS CONCERNED THE SAID PARAGRAPH 4201 PROVIDES:

"PER DIEM ALLOWANCES ARE NOT PAYABLE FOR THE FOLLOWING PERIODS:

"7. 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 (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. ***"

IT APPEARS THAT THE TEMPORARY DUTY TO WHICH YOU WERE ORDERED WAS A TYPE OF DUTY INCLUDED IN THE ABOVE-QUOTED PROVISIONS AND FOR WHICH PER DIEM ALLOWANCES ARE NOT PAYABLE UNLESS MESSING FACILITIES AND QUARTERS ARE NEITHER AVAILABLE NOR FURNISHED.

ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT TO YOU OF THE PER DIEM CLAIMED IS NOT AUTHORIZED AND THE SETTLEMENT ACTION DISALLOWING YOUR CLAIM IS SUSTAINED.

IF THE SITUATION OF OTHER OFFICERS, WHO YOU STATE HAVE BEEN PAID PER DIEM, IS THE SAME AS YOURS, SUCH PAYMENTS WERE IMPROPER, IF THERE WAS NO SHOWING THAT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE, AND WOULD AFFORD NO BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM. IF YOU WILL FURNISH THE NAMES OF THE OFFICERS AND THE NAME OF THE DISBURSING OFFICER, IF KNOWN, THE MATTER WILL BE INVESTIGATED.