B-128277, AUG. 27, 1956
Highlights
WERE DIRECTED TO PROCEED TO EDWARDS AIR FORCE BASE. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. THE TEMPORARY DUTY ENJOINED BY THOSE ORDERS WAS PERFORMED DURING THE PERIOD JANUARY 10 TO FEBRUARY 25. YOU APPARENTLY WERE PAID PER DIEM FOR THAT PERIOD. YOUR TEMPORARY DUTY AT EDWARDS AIR FORCE BASE AS A MEMBER OF A SCARWAF UNIT WAS CONTINUED FROM THE LATTER DATE UNTIL JUNE 23. IN YOUR PRESENT LETTER YOU STATE THAT SEVERAL OFFICERS OF THE SAME BATTALION WHOSE CIRCUMSTANCES OF SERVICE AT EDWARDS AIR FORCE BASE WERE IDENTICAL TO YOURS EXCEPT FOR YOUR ADVANCE PARTY WORK FROM JANUARY 10 TO FEBRUARY 25. HAVE BEEN PAID PER DIEM FOR TEMPORARY DUTY FROM THE LATTER DATE TO VARIOUS DATES IN JUNE.
B-128277, AUG. 27, 1956
TO MR. JAMES T. POTT:
YOUR LETTER OF MAY 30, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF DECEMBER 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR A PER DIEM ALLOWANCE FOR TRAVEL AND TEMPORARY DUTY DURING THE PERIOD JANUARY 10 TO JUNE 23, 1953, WHILE SERVING AS FIRST LIEUTENANT, CORPS OF ENGINEERS, ARMY.
BY ORDERS DATED JANUARY 10, 1953, BEALE AIR FORCE BASE, CALIFORNIA, YOU AND CERTAIN OTHER OFFICERS AND ENLISTED MEN OF THE 820TH ENGINEER AVIATION BATTALION, WERE DIRECTED TO PROCEED TO EDWARDS AIR FORCE BASE, CALIFORNIA, AS AN ADVANCE PARTY FOR PROJECTS TO BE PERFORMED AT THE LATTER BASE, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. THE TEMPORARY DUTY ENJOINED BY THOSE ORDERS WAS PERFORMED DURING THE PERIOD JANUARY 10 TO FEBRUARY 25, 1953, AND YOU APPARENTLY WERE PAID PER DIEM FOR THAT PERIOD. BY SUBSEQUENT ORDERS, HOWEVER, YOUR TEMPORARY DUTY AT EDWARDS AIR FORCE BASE AS A MEMBER OF A SCARWAF UNIT WAS CONTINUED FROM THE LATTER DATE UNTIL JUNE 23, 1953, WITH NUMEROUS TRIPS BETWEEN THAT STATION AND YOUR PERMANENT STATION. IN YOUR PRESENT LETTER YOU STATE THAT SEVERAL OFFICERS OF THE SAME BATTALION WHOSE CIRCUMSTANCES OF SERVICE AT EDWARDS AIR FORCE BASE WERE IDENTICAL TO YOURS EXCEPT FOR YOUR ADVANCE PARTY WORK FROM JANUARY 10 TO FEBRUARY 25, 1953, HAVE BEEN PAID PER DIEM FOR TEMPORARY DUTY FROM THE LATTER DATE TO VARIOUS DATES IN JUNE. ALSO, YOU EXPRESS THE BELIEF THAT PER DIEM FOR THE PERIOD CLAIMED IS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS.
INFORMATION AVAILABLE TO US (AIR FORCE REGULATIONS 50-20 AND 206 3), DISCLOSES THAT ENGINEER AVIATION UNITS ARE SPECIAL CATEGORY ARMY WITH AIR FORCE (SCARWAF) UNITS, AND, AS SUCH, ARE MANNED AND TRAINED BY THE DEPARTMENT OF THE ARMY FOR ASSIGNMENT TO AND OPERATIONAL EMPLOYMENT BY THE DEPARTMENT OF THE AIR FORCE. PERIODIC REFRESHER TRAINING INCLUDES FIELD OPERATIONS WHICH INVOLVE ACTUAL CONSTRUCTION OR REHABILITATION AND ALL PHASES OF UNIT OPERATION. DEPARTMENT OF THE ARMY SPECIAL REGULATIONS 35- 3080-5, DATED AUGUST 26, 1952, IN DEFINING FIELD DUTY, SPECIFICALLY PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS NOT ENTITLED TO PER DIEM FOR ANY PERIOD OF TRAVEL AND TEMPORARY DUTY AS A MEMBER OF A UNIT PERFORMING DUTY IN CONNECTION WITH CONSTRUCTION ACTIVITIES. THIS IS SUPPORTED BY PARAGRAPH 4201-7, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, WHICH PROVIDES THAT PER DIEM IS NOT PAYABLE FOR FIELD DUTY WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED WHETHER OR NOT SUCH FACILITIES ARE UTILIZED.
SINCE THE DUTY PERFORMED BY YOU APPEARS TO BE THE SAME AS DESCRIBED IN THE REGULATIONS CITED ABOVE, THERE APPEARS TO BE NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 27, 1954, WAS CORRECT AND IS SUSTAINED.
IF YOU WILL FURNISH THE NAMES OF THE OFFICERS WHOSE CLAIMS FOR PER DIEM FOR SIMILAR TEMPORARY DUTY HAVE BEEN PAID, THE PAYMENTS WILL BE EXAMINED TO DETERMINE THEIR CORRECTNESS.