B-127689, JUN. 26, 1956

B-127689, JUN. 26, 1956

TO FREDERIC C. DE SIBERT, WARRANT OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 6, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 19, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD MAY 19 TO 22, 1955, INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED UNDER MOVEMENT ORDER NO. 4, HEADQUARTERS, 3RD INFANTRY DIVISION, FORT BENNING, GEORGIA, DATED MAY 17, 1955.

THE ORDERS OF MAY 17 DIRECTED CERTAIN DESIGNATED ELEMENTS OF THE 3RD INFANTRY DIVISION TO PROCEED ON TEMPORARY DUTY TO THE ATLANTA GENERAL DEPOT ON MAY 18, 1955, TO PARTICIPATE IN ARMED FORCES DAY ACTIVITIES, AND RETURN TO FORT BENNING ON MAY 22, 1955. INCLUDED AMONG THE ELEMENTS DESIGNATED WAS A UNIT OF FIVE HELICOPTERS WHICH WAS TO PARTICIPATE IN THE MOVEMENT DURING THE PERIOD MAY 19 THROUGH MAY 21. IT WAS PROVIDED IN THE ORDERS THAT "ALL TEMPORARY DUTY PERFORMED UNDER THIS DIRECTIVE IS FIELD DUTY UNDER THE PROVISIONS OF JOINT TRAVEL REGULATIONS," AND THAT ,PER DIEM IS NOT AUTHORIZED.' YOU PROCEEDED AS A PART OF THE HELICOPTER UNIT FROM FORT BENNING TO ATLANTA, GEORGIA, ON MAY 19, AND WERE QUARTERED AT FORT MCPHERSON. UPON THE COMPLETION OF THE TEMPORARY DUTY YOU RETURNED TO FORT BENNING ON MAY 22. MOVEMENT ORDER NO. 12, HEADQUARTERS 3RD INFANTRY DIVISION; DATED JUNE 24, 1955, PURPORTED TO AMEND THE ORDERS OF MAY 17 TO AUTHORIZE PER DIEM TO DESIGNATED OFFICERS AND ENLISTED MEN, INCLUDING YOU,"PROVIDED GOVT QRS AND/OR MESSING FACILITIES ARE NOT AVAILABLE AT SATA OF TDY.' IT IS YOUR CONTENTION THAT GOVERNMENT MESSING FACILITIES WERE NOT AVAILABLE TO YOU WHILE ON TEMPORARY DUTY AT ATLANTA, AND CERTIFICATION OF THE ASSISTANT ADJUTANT AT FORT MCPHERSON TO THAT EFFECT WAS SUBMITTED WITH YOUR CLAIM.

PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM FOR FIELD DUTY, INCLUDING MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, AND OTHER SIMILAR ACTIVITIES, PERFORMED WHERE BOTH RATIONS AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. SINCE THE CERTIFICATION OF LACK OF AVAILABLE MESSING FACILITIES SUBMITTED WITH YOUR CLAIM WAS INCONSISTENT WITH A STATEMENT IN THE ORDERS OF MAY 17 THAT MESSING AND BILLETING WOULD BE FURNISHED TO PERSONNEL INVOLVED AT THE ATLANTA GENERAL DEPOT, INFORMATION AS TO THE AVAILABILITY TO OFFICER PERSONNEL OF THE MOVEMENT OF MESSING AND BILLETING WAS REQUESTED OF HEADQUARTERS, 3RD INFANTRY DIVISION, FORT BENNING, BY LETTER DATED MARCH 2, 1956. IN INDORSEMENT OF LIEUTENANT COLONEL THOMAS W. SCOTT, JR., EXECUTIVE OFFICER, 30TH INFANTRY COMBAT COMMAND (PROV), 3RD INFANTRY DIVISION, DATED MARCH 7, 1956, IN RESPONSE TO THAT REQUEST, IT IS STATED THAT ADEQUATE ARRANGEMENTS WERE MADE TO FEED ALL OF THE OFFICERS AND ENLISTED MEN INVOLVED IN THE MOVEMENT AT THE "STUDENT MESS" OF THE ORDNANCE SCHOOL DURING THE PERIOD MAY 18 TO 22. ALSO, IT WAS STATED, ALL OFFICERS WERE ACCORDED THE USUAL VISITOR'S PRIVILEGES AT THE ATLANTA GENERAL DEPOT AND FORT MCPHERSON OFFICERS' OPEN MESS SHOULD THEY DESIRE TO USE THOSE FACILITIES, AND THAT IN ADDITION TO THE REGULAR MEALS THE DEPOT PROVIDED BOX LUNCHES FOR ALL UNITS THAT PARTICIPATED IN ROAD MARCHES OR PARADES DURING THE TIMES THEY WERE ABSENT FROM THE DEPOT FOR THE NOON MEAL. IN VIEW OF SUCH REPORT WE WOULD NOT BE WARRANTED IN CONCLUDING THAT RATIONS IN KIND WERE NOT AVAILABLE TO YOU DURING THE PERIOD IN QUESTION AND THAT YOU WERE NOT IN A FIELD DUTY STATUS WITHIN THE CONTEMPLATION OF THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS.