B-130642, APR. 15, 1957

B-130642, APR. 15, 1957

TO MR. B. PAUL HASKELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 14, 1957, REQUESTING RECONSIDERATION OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $294, REPRESENTING OVERPAYMENTS OF PER DIEM MADE TO YOU DURING THE PERIOD FROM OCTOBER 29, 1952, TO MAY 18, 1953, FOR TEMPORARY ADDITIONAL DUTY AT THE SIERRA TEST SITE, JUNE LAKE, CALIFORNIA, UNDER AUTHORITY OF BUREAU OF NAVAL PERSONNEL ORDERS NO. R-399, REFERRED TO BY YOU AS ORDERS 430755/5105 PERS-B1118-EMD-2, DATED AUGUST 21, 1952.

THOSE ORDERS PROVIDED IN PERTINENT PART:

"1. COMMENCING THIS DATE YOU ARE AUTHORIZED TO PERFORM SUCH TRAVEL FROM TIME TO TIME AS MAY BE NECESSARY FOR THE PURPOSE INDICATED BELOW, THIS BEING IN ADDITION TO YOUR PRESENT DUTIES: WHEN DIRECTED BY THE OFFICER IN CHARGE, SIERRA TEST SITE, JUNE LODGE, JUNE LAKE, CALIF., BETWEEN FORT HUENEME, CALIF., AND JUNE LAKE, CALIF., AS MAY BE NECESSARY TO VISIT IN CONNECTION WITH YOUR DUTIES.

"3. THIS AUTHORITY FOR TRAVEL WILL TERMINATE ON 1 JULY 1953. UPON CHANGE OF DUTY OR RELEASE FROM ACTIVE DUTY THIS AUTHORITY FOR TRAVEL IS AUTOMATICALLY CANCELLED.

"4. REIMBURSEMENT WILL BE ON A PER DIEM BASIS IN ACCORDANCE WITH CHAPTER 4, PARTS E AND F, JTR, AS APPLICABLE. THE COST OF TRAVEL IS CHARGEABLE TO APPROPRIATION 1731201.11 CEN 1953, NAVCIVILENGRESEARCH AND EVALUATION/LAB, MAVCBEN, PORT HUENEME, CALIF., EXP. ACCOUNT 45001, ALLOTMENT 36001, OBJECT CLASS 022.

THE ESTIMATED QUARTERLY COST IS: TRANSPORTATION $231.00, PER DIEM $810.00

PARAGRAPH 4205-5C/1), CHANGE 2, AUGUST 1, 1952, WHICH, AT THE TIME THE ORDERS IN QUESTION WERE ISSUED, WAS A PART OF CHAPTER 4, PART E, JOINT TRAVEL REGULATIONS, PRESCRIBED PER DIEM FOR TEMPORARY DUTY AT AN INSTALLATION OF ANY OF THE UNIFORMED SERVICES, WHERE GOVERNMENT QUARTERS AND GOVERNMENT MESS WERE NOT AVAILABLE, AT THE RATE OF $9 A DAY FOR THE FIRST 30 DAYS AND AT THE RATE OF $7 A DAY FOR ALL ADDITIONAL DAYS. THE APPLICABLE EXPLANATORY FOOTNOTE WAS AS FOLLOWS:

"FOR THE PURPOSE OF DETERMINING WHEN EACH PERIOD OF 30 DAYS TEMPORARY DUTY AT ANY ONE POINT BEGINS AND ENDS, THE PERIOD WILL BE COMPUTED TO START AT 0001 HOURS ON THE DATE FOLLOWING THE DATE OF ARRIVAL AT A POINT OF TEMPORARY DUTY AND WILL END AT 2400 HOURS ON THE 30TH DAY. "TEMPORARY DUTY AT ANY ONE POINT" IS CUMULATIVE UNDER THE SAME ORDER. IT IS LIKEWISE CUMULATIVE UNDER A SUPPLEMENTAL ORDER ISSUED BY THE ORIGINAL OR OTHER HEADQUARTERS WHEN TRAVEL STATUS UNDER THE ORIGINAL AND SUPPLEMENTAL ORDERS REMAINS UNBROKEN. COMMANDING OFFICERS WILL NOT ORDER THE RETURN OF MEMBERS TO THEIR PERMANENT STATIONS AND ISSUE NEW ORDERS DIRECTING THEM TO RETURN TO THE SAME POINT OF TEMPORARY DUTY FOR THE PURPOSE OF EXTENDING THE PERIOD OF 30 DAYS FOR WHICH MAXIMUM PER DIEM IS PAYABLE AT ANY ONE POINT.'

IT APPEARS THAT YOU WERE PAID PER DIEM AT THE RATE OF $9 A DAY FOR THE 30 -DAY PERIOD BEGINNING SEPTEMBER 24, 1952, AND THAT THEREAFTER YOU WERE PAID PER DIEM AT THE SAME RATE FOR A TOTAL OF 147 DAYS, AS FOLLOWS: OCTOBER 29 TO NOVEMBER 11, 1952 (14 DAYS); NOVEMBER 15 TO 30, 1952 (16 DAYS); DECEMBER 4 TO 16, 1952 (13 DAYS); DECEMBER 20 TO 29, 1952 (10 DAYS); JANUARY 2 TO 31, 1953 (30 DAYS); MARCH 3 TO 15, 1953 (13 DAYS); MARCH 18 TO APRIL 4, 1953 (18 DAYS); APRIL 8 TO MAY 7, 1953 (30 DAYS); AND MAY 16 TO 18, 1953 (3 DAYS). ON SUCH BASIS, YOU WERE OVERPAID IN THE AMOUNT OF $294 (147 DAYS AT $2 A DAY).

IT SEEMS TO BE YOUR CONTENTION THAT THE REPEATED TRAVEL ORDERS OF AUGUST 21, 1952, WERE MERELY AUTHORITY FOR THE DISBURSING OFFICER AT FORT HUENEME TO ISSUE INDIVIDUAL ORDERS UPON INITIATION OF EACH SEPARATE TRIP BETWEEN PORT HUENEME AND THE SIERRA TEST SITE. YOU SAY ALSO THAT IT WAS NECESSARY FOR YOU TO MAKE FREQUENT TRIPS TO THE HOME STATION AND THAT PER DIEM PAYMENTS AT THE RATE OF $9 A DAY WERE CORRECTLY MADE FOR THE PERIODS IN QUESTION IN VIEW OF THE FOLLOWING PROVISION OF "PARAGRAPH 6 OF SECTION 4205":

"IN THE CASE OF BLANKET OR REPEATED TRAVEL ORDERS, EACH TRIP AWAY FROM THE MEMBER'S DUTY STATION WILL BE CONSIDERED AS A TRIP UNDER SEPARATE ORDERS, PROVIDED RETURN TO THE PERMANENT STATION IS NOT FOR THE PURPOSE OF EXTENDING THE PERIOD FOR WHICH THE MAXIMUM PER DIEM IS YABLE.'

THAT PROVISION WAS ADDED TO PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS BY CHANGE 15, SEPTEMBER 1, 1953, AND, HENCE, WAS NOT IN EFFECT DURING THE PERIOD INVOLVED IN YOUR CASE AND IS NOT FOR APPLICATION IN YOUR CASE. ALSO, NOTHING HAS BEEN FOUND TO SUPPORT YOU CONTENTION THAT UNDER THE ORDERS OF AUGUST 21, 1952, SEPARATE ORDERS WERE TO BE ISSUED FOR EACH SEPARATE TRIP MADE UNDER THOSE ORDERS. IF SUCH SEPARATE ORDERS WERE CONTEMPLATED, NONE OF THE PER DIEM PAYMENTS RECEIVED BY YOU WOULD APPEAR PROPER SINCE NO SUCH ORDERS HAVE BEEN FURNISHED TO SUPPORT THE PAYMENTS.

THE INFORMATION FURNISHED BY YOU REASONABLY SUPPORTS THE VIEW THAT UNDER THE ORDERS OF AUGUST 21, 1952, YOU WERE ENTITLED TO PER DIEM AS PROVIDED IN THE JOINT TRAVEL REGULATIONS UNDER THE BASIC ORDERS OF AUGUST 21, 1952; THAT IS, AT THE RATE OF $9 A DAY FOR 30 DAYS AND THEREAFTER AT THE RATE OF $7 A DAY. SINCE IT APPEARS THAT YOU WERE INCORRECTLY PAID AT THE RATE OF $9 A DAY FOR 147 DAYS, YOU WERE OVERPAID IN THE AMOUNT OF $294. YOUR REMITTANCE OF $15 REDUCED THE OVERPAYMENT TO $279 AND PAYMENT OF SUCH BALANCE SHOULD BE MADE BY CHECK OR MONEY ORDERS PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON 13, D.C.

YOUR ORIGINAL ORDERS DATED AUGUST 21, 1952, AND THE ACCOMPANYING ENDORSEMENTS ARE RETURNED HEREWITH.