B-131992, JUL. 10, 1957

B-131992, JUL. 10, 1957

TO MAJOR LYLE W. BULLARD, USMC:

YOUR CLAIM FOR ADDITIONAL PER DIEM FOR THE PERIOD NOVEMBER 10 TO 30, 1952, INCIDENT TO TEMPORARY DUTY PERFORMED AT CAMP PENDLETON, CALIFORNIA, FORWARDED HERE BY HEADQUARTERS U.S. MARINE CORPS, WITH LETTER DATED APRIL 29, 1957, WILL BE CONSIDERED AS CONSTITUTING A REQUEST FOR REVIEW OF THAT PART OF OUR SETTLEMENT DATED JUNE 7, 1956, WHICH ALLOWED YOU PER DIEM AT THE RATE OF BUT $1 FOR THAT PERIOD.

THE ALLOWANCE OF $1 PER DAY FOR THE PERIOD NOVEMBER 10 TO 30 WAS MADE IN THE SETTLEMENT OF JUNE 7, 1956, ON THE BASIS THAT YOU THEN WERE UNDERGOING A COURSE OF INSTRUCTION UNDER CIRCUMSTANCES WHERE GOVERNMENT QUARTERS AND MESS WERE AVAILABLE, A SITUATION UNDER WHICH THE PAYMENT OF PER DIEM WAS LIMITED TO THE $1 RATE UNDER THE PROVISIONS OF PARAGRAPH 4205-5E OF THE JOINT TRAVEL REGULATIONS. IT IS YOUR CONTENTION, HOWEVER,THAT YOU WERE NOT IN THE PERFORMANCE OF DUTY UNDER INSTRUCTION DURING THE INDICATED PERIOD SINCE YOUR ASSIGNMENT DURING SUCH PERIOD WAS THAT OF COMPANY COMMANDER WITH DUTIES INVOLVING THE HANDLING OF TROOPS, SUPERVISION OF TROOP INSTRUCTION, AND VARIOUS MISCELLANEOUS ADMINISTRATIVE MATTERS, AND, THEREFORE, THAT YOU WERE ENTITLED TO PER DIEM AT THE $5 RATE AUTHORIZED BY THE JOINT TRAVEL REGULATIONS UNDER NORMAL TEMPORARY DUTY SITUATIONS.

UNDER ORDERS OF HEADQUARTERS U.S. MARINE CORPS, DATED AUGUST 5, 1952, YOU WERE DIRECTED TO PROCEED TO CAMP PENDLETON FOR DUTY AND FURTHER TRANSPORTATION BEYOND THE SEAS DURING JANUARY 1953 FOR DUTY AS A REPLACEMENT. YOU REPORTED AT CAMP PENDLETON ON NOVEMBER 9, 1952, AND BY ENDORSEMENT OF THE COMMANDING GENERAL OF THE MARINE BARRACKS, THAT STATION, DATED NOVEMBER 10, YOU WERE DIRECTED TO REPORT TO THE SECOND INFANTRY TRAINING REGIMENT, TRAINING AND REPLACEMENT COMMAND, FOR DUTY UNDER INSTRUCTION PRIOR TO ASSIGNMENT TO A REPLACEMENT BATTALION, ENDORSEMENT OF THE COMMANDING OFFICER OF THE SECOND INFANTRY TRAINING REGIMENT, ALSO DATED NOVEMBER 10, DIRECTED THAT YOU REPORT TO THE FIRST BATTALION OF THAT REGIMENT FOR DUTY UNDER INSTRUCTION FOR TRAINING PRIOR TO YOUR DEPARTURE FOR DUTY BEYOND THE SEAS. YOU REPORTED AS DIRECTED ON NOVEMBER 10 AND BY ENDORSEMENT OF THE COMMANDING OFFICER OF THE FIRST BATTALION DATED NOVEMBER 12, 1952, YOU WERE ASSIGNED DUTY AS COMPANY COMMANDER OF "A" COMPANY. YOU WERE DETACHED FROM THAT ASSIGNMENT OR FURTHER ASSIGNMENT TO A REPLACEMENT BATTALION ON JANUARY 5, 1953.

THE APPARENT PURPOSE OF THE ASSIGNMENT TO DUTY WITH THE SECOND INFANTRY TRAINING REGIMENT AT CAMP PENDLETON WAS TO PROVIDE INSTRUCTION AND TRAINING TO YOU IN THE PERFORMANCE OF YOUR DUTIES AS AN OFFICER. WHILE SUCH ASSIGNMENT INCLUDED THE PERFORMANCE OF DUTY AS A COMPANY COMMANDER, WHICH PRESUMABLY ENTAILED THE SUPERVISION OF TROOP INSTRUCTION AND THE HANDLING OF OTHER ADMINISTRATIVE MATTERS, AS YOU SUGGEST, AN ASSIGNMENT OF THAT TYPE WOULD APPEAR TO BE ONE WHICH NORMALLY WOULD BE MADE UNDER THE CIRCUMSTANCES INVOLVED TO PROVIDE THE TRAINING MOST BENEFICIAL TO OFFICER PERSONNEL. CONSEQUENTLY, SUCH CIRCUMSTANCES MAY NOT BE CONSIDERED TO PROVIDE A BASIS FOR A CONCLUSION THAT YOU WERE NOT UNDERGOING TRAINING AND INSTRUCTION WITHIN THE CONTEMPLATION OF THE PROVISIONS OF PARAGRAPH 4205- 5E OF THE JOINT TRAVEL REGULATIONS. IT IS CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS UNDER THOSE REGULATIONS FOR THE PAYMENT TO YOU OF THE ADDITIONAL PER DIEM ..END :