B-119605, JUL 29, 1954

B-119605, JUL 29, 1954

PRECIS-UNAVAILABLE

MR. LOUIS B. STARK:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 1, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 5, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD SEPTEMBER 30 TO DECEMBER 18, 1951, WHILE AWAITING TRANSPORTATION AT CAMP STONEMAN, CALIFORNIA, INCIDENT TO THE PERFORMANCE OF TRAVEL DIRECTED IN DEPARTMENT OF THE ARMY RADIO ORDERS DATED AUGUST 31, 1951.

THE SAID ORDERS OF AUGUST 31, 1951, STATED THAT YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT CAMP RUCKER, ALABAMA, AND ASSIGNED TO DUTY WITH THE FAR EAST COMMAND, YOKOHAMA, JAPAN, AND YOU WERE DIRECTED TO PROCEED AND REPORT AT CAMP STONEMAN, PITTSBURG, CALIFORNIA, NOT LATER THAN SEPTEMBER 30, 1951, FOR TRANSPORTATION THROUGH THE SAN FRANCISCO PORT OF EMBARKATION AT FORT MASON, CALIFORNIA, TO YOUR NEW STATION. IT APPEARS THAT YOU REPORTED AT CAMP STONEMAN ON SEPTEMBER 30, 1951, WHERE YOU REMAINED, WITH THE EXCEPTION OF THE PERIOD FROM OCTOBER 17 TO 27 WHILE AWAY ON EMERGENCY LEAVE, UNTIL DECEMBER 18, 1951. ON THAT DATE YOU RECEIVED ORDERS DATED DECEMBER 14, 1951, REVOKING THE UNEXECUTED PORTION OF THE ORDERS OF AUGUST 31, RELIEVING YOU OF ASSIGNMENT IN THE FAR EAST COMMAND, ASSIGNING YOU TO DUTY AT CAMP RUCKER, AND DIRECTING THAT YOU PROCEED FROM CAMP STONEMAN TO CAMP RUCKER FOR DUTY. YOU STATE THAT YOU LEFT CAMP STONEMAN ON DECEMBER 18 AND ARRIVED AT CAMP RUCKER ON DECEMBER 31, 1951. YOU STATE ALSO THAT YOU HAVE RECEIVED TRAVEL ALLOWANCE TO CAMP STONEMAN AND BACK TO CAMP RUCKER AND THAT YOUR CLAIM IS FOR PER DIEM ONLY FOR THE INDICATED PERIOD WHILE AT CAMP STONEMAN.

UNDER THE PROVISIONS OF PARAGRAPH 4151-3 OF THE JOINT TRAVEL REGULATIONS IN EFFECT DURING THE PERIOD IN QUESTION AN OFFICER DIRECTED TO PERFORM TEMPORARY DUTY IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND WHO IS ENTITLED TO MILEAGE FOR TRAVEL IN PROCEEDING FROM THE OLD STATION TO THE TEMPORARY STATION AND FROM THE TEMPORARY STATION TO THE NEW STATION MAY BE PAID PER DIEM FOR THE PERIOD OF TEMPORARY DUTY COMMENCING ON THE DAY FOLLOWING THE DAY OF ARRIVAL AT THE TEMPORARY STATION AND INCLUDING THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM. SUCH PROVISIONS WOULD APPEAR TO BE EQUALLY APPLICABLE TO PERIODS OF NECESSARY DELAY WHILE AWAITING TRANSPORTATION IN CONNECTION WITH A PERMANENT CHANGE OF STATION. CONSEQUENTLY, IT WILL BE CONSIDERED THAT YOU WERE ENTITLED TO PER DIEM FROM OCTOBER 1, 1951, THE DAY FOLLOWING THE DAY OF YOUR ARRIVAL AT CAMP STONEMAN TO DECEMBER 17, 1951, THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM UNDER THE ORDERS OF DECEMBER 14, 1951, LESS THE PERIOD FROM OCTOBER 17 TO 27 DURING WHICH YOU WERE ON LEAVE, FOR WHICH THE PAYMENT OF PER DIEM IS NOT AUTHORIZED.

IN THE ABSENCE OF CERTIFICATION TO THE CONTRARY IT IS ASSUMED THAT GOVERNMENT QUARTERS WERE AVAILABLE TO YOU AT CAMP STONEMAN. ACCORDINGLY, IN SETTLEMENT TO ISSUE IN DUE COURSE, YOU WILL BE ALLOWED PER DIEM ON YOUR CLAIM FOR THE PERIOD INDICATED ABOVE AT THE RATE AUTHORIZED FOR OFFICERS ON TEMPORARY DUTY WHERE QUARTERS ARE AVAILABLE.