B-132684, SEP. 19, 1957

B-132684, SEP. 19, 1957

TO MR. CHARLES F. RIDDICK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 27, 1957, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JUNE 12, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JANUARY 5 TO FEBRUARY 29, 1956.

BY ORDERS OF DECEMBER 21, 1955, YOU WERE ORDERED TO "ACTIVE DUTY FOR TRAINING" FOR SIX MONTHS IN YOUR GRADE AS SECOND LIEUTENANT, U.S. ARMY RESERVE, AND DIRECTED TO PROCEED FROM YOUR HOME TO THE ENGINEER SCHOOL, FORT BELVOIR, VIRGINIA, TO ATTEND ENGINEER OFFICERS BASIC COURSE 5-0-A. THE PROVISION IN SUCH ORDERS "TDPFO (COURSE OF INSTRUCTION)" WAS AMENDED TO READ "PCS" BY ORDERS OF MARCH 1, 1956. ORDERS OF MARCH 30, 1956, RELEASED YOU FROM ATTACHMENT AT THE ENGINEER SCHOOL UPON COMPLETION OF THE COURSE OF INSTRUCTION YOU THEN WERE ATTENDING AND DIRECTED YOU TO PROCEED ON A PERMANENT CHANGE OF STATION AND REPORT TO FORT GEORGE G. MEADE, MARYLAND, ON APRIL 20, 1956, SEVEN DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE BEING AUTHORIZED.

WHILE YOU RELY ON PUBLIC LAW 490, 84TH CONGRESS, APPROVED APRIL 23, 1956, 70 STAT. 115, IT APPEARS THAT SUCH LEGISLATION HAS NO BEARING ON YOUR CLAIM. SECTION 1 OF THAT ACT DELETED SUBSECTION (D) OF SECTION 262 OF THE ARMED FORCES RESERVE ACT OF 1952, AS ADDED BY SECTION 2/I) OF THE ACT OF AUGUST 9, 1955, 69 STAT. 600. SUBSECTION (D) WAS A PART OF "CHAPTER 8- SPECIAL ENLISTMENT PROGRAMS" AND WAS APPLICABLE SOLELY TO ENLISTED RESERVISTS. SECTION 2 OF THE 1956 ACT ADDED A NEW SECTION 264 TO THE ARMED FORCES RESERVE ACT OF 1952 WHICH RELATED TO BENEFITS PRESCRIBED UNDER PUBLIC LAW 108, 81ST CONGRESS, 63 STAT. 201, FOR MEMBERS OF RESERVE COMPONENTS WHO SUFFER DISABILITY OR DEATH IN LINE OF DUTY FROM INJURIES INCURRED WHILE ENGAGED IN ACTIVE DUTY FOR TRAINING. SUCH PROVISIONS OF LAW CONTAIN NOTHING APPLICABLE TO THE PAYMENT OF PER DIEM TO A RESERVE OFFICER WHILE ON ACTIVE DUTY FOR TRAINING.

WHILE CHAPTER 4, PART E, JOINT TRAVEL REGULATIONS, AUTHORIZES PAYMENT OF PER DIEM FOR PERIODS OF TEMPORARY DUTY AWAY FROM A PERMANENT STATION UNDER THE CIRCUMSTANCES THERE PROVIDED, THE SITUATION OF A RESERVE OFFICER ORDERED TO ACTIVE DUTY FOR TRAINING IS DIFFERENT FROM THAT OF OTHER OFFICERS SERVING ON EXTENDED PERIODS OF ACTIVE DUTY. UNLIKE THE LATTER, A RESERVE OFFICER ON ACTIVE DUTY FOR TRAINING FOR LESS THAN ONE YEAR IS NOT PERMITTED TO BRING HIS DEPENDENTS TO HIS MILITARY STATION AT GOVERNMENT EXPENSE (PARAGRAPH 7000-4, JOINT TRAVEL REGULATIONS) AND ONLY THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS MAY BE SHIPPED AT GOVERNMENT EXPENSE (PARAGRAPH 8009-3B, JOINT TRAVEL REGULATIONS). PARAGRAPH 6000-4, CHANGE 2 OF SUCH REGULATIONS, EFFECTIVE FROM AUGUST 1, 1952, EXPRESSLY BARRED PAYMENT OF TRAVEL PER DIEM ALLOWANCES FOR ANY PERIOD A MEMBER ON ACTIVE DUTY FOR TRAINING WAS AT "HIS TRAINING DUTY STATION.' PARAGRAPH 6001 OF THE CURRENT REGULATIONS IS TO THE SAME EFFECT.

WHERE, AS HERE, A RESERVE OFFICER IS ORDERED TO ACTIVE DUTY FOR TRAINING AT A COURSE OF INSTRUCTION, THAT PLACE MUST BE REGARDED AS "HIS TRAINING DUTY STATION" WITHOUT REGARD TO THE LENGTH OF THE COURSE OF INSTRUCTION, THE DESIGNATION OF SUCH DUTY AS TEMPORARY DUTY, OR WHETHER HE LATER IS ORDERED TO ANOTHER STATION TO COMPLETE HIS TRAINING DUTY.

THERE BEING NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF JUNE 12, 1957, IS ..END :