B-137852, DEC 8, 1958

B-137852, DEC 8, 1958

PRECIS-UNAVAILABLE

FIRST LIEUTENANT JOHN R. WAID:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 24, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FEBRUARY 28 TO MAY 19, 1957.

BY PARAGRAPH 1, LETTER ORDERS C-1-38, DATED JANUARY 10, 1957, YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING FOR SIX MONTHS AND DIRECTED TO PROCEED FROM YOUR HOME ON PERMANENT CHANGE OF STATION AND REPORT TO THE STUDENT DETACHMENT, FINANCE SCHOOL, FORT BENJAMIN HARRISON, INDIANA, NOT LATER THAN FEBRUARY 28, 1957, TO ATTEND THE FINANCE OFFICER BASIC COURSE. PARAGRAPH 20, SPECIAL ORDERS NO. 93, DATED MAY 13, 1957, ORDERED YOU TO ACTIVE DUTY FOR TWO YEARS EFFECTIVE JUNE 7, 1957, AND ASSIGNED YOU TO THE STUDENT DETACHMENT, FINANCE SCHOOL, FORT BENJAMIN HARRISON. YOU CONTEND THAT BY REASON OF THE LETTER ORDERS FORT BENJAMIN HARRISON SHOULD BE REGARDED AS A TEMPORARY STATION FROM THE DATE YOU INITIALLY REPORTED THERE.

PARAGRAPH 6001 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE TO MEMBERS OF RESERVE COMPONENTS CALLED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR ANY PERIODS WHILE AT THEIR TRAINING DUTY STATION. THE BASIS FOR THAT LIMITATION IS THAT SINCE THE TRAINING DUTY STATION IS THE MEMBER'S ONLY DUTY STATION HE MAY NOT, WHILE THERE, BE CONSIDERED AS IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES UNDER THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. THE ORDERS OF MAY 13, 1957, WERE PROSPECTIVE IN SCOPE AND THEY COULD NOT, IN ANY EVENT, HAVE PLACED YOU IN A TRAVEL STATUS AT THE PLACE WHICH HAD BEEN YOUR DESIGNATED POST OF DUTY SINCE YOU REPORTED FOR DUTY AT THAT PLACE ON FEBRUARY 28, 1957.

SINCE YOU WERE NOT IN A TRAVEL STATUS, YOU ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD CLAIMED. ACCORDINGLY, THE SETTLEMENT OF JULY 24, 1958, IS SUSTAINED.