B-139808, SEP. 4, 1959

B-139808, SEP. 4, 1959

TO LIEUTENANT COMMANDER WALTER C. SCHAFRAN, USCG:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1959, REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 24, 1959, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE BETWEEN PER DIEM AT THE RATE OF $4 AND THE $1 RATE YOU RECEIVED FOR THE PERIOD OCTOBER 18 TO 22, 1958, INCIDENT TO TEMPORARY DUTY PERFORMED AT EL TORO, CALIFORNIA.

UNDER TRAVEL ORDERS OF THE MARINE INSPECTION OFFICE, LONG BEACH, CALIFORNIA, DATED OCTOBER 9, 1958, YOU WERE DIRECTED TO PROCEED IN ACCORDANCE WITH DISTRICT OPERATIONS INSTRUCTION NO. 34-58, TO THE MARINE CORPS AIR STATION, EL TORO, FOR TEMPORARY ADDITIONAL DUTY OF APPROXIMATELY SEVEN DAYS IN CONNECTION WITH SMALL ARMS TRAINING, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. THE ORDERS STATED THAT "PER DIEM IS AUTHORIZED IN ACCORDANCE WITH CG TRAVEL MANUAL.' ENDORSEMENTS SHOW THAT YOU REPORTED AT THE TEMPORARY STATION ON OCTOBER 17, AND THAT UPON THE COMPLETION OF THE TEMPORARY DUTY YOU RETURNED TO YOUR STATION AT LONG BEACH ON OCTOBER 23, 1958. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO YOU AT EL TORO.

YOUR CLAIM WAS FORWARDED HERE FOR CONSIDERATION BY THE COMMANDANT, UNITED STATES COAST GUARD, TOGETHER WITH A REPORT OF AN AUTHORIZED CERTIFYING OFFICER OF THE COAT GUARD IN THE MATTER CONTAINING INFORMATION THAT YOU WERE PAID PER DIEM AT THE RATE OF $1 FOR THE PERIOD IN QUESTION PURSUANT TO DISTRICT OPERATIONS INSTRUCTION NO. 34 58, WHICH WAS ISSUED OCTOBER 6, 1958, BY THE COMMANDER, ELEVENTH COAST GUARD DISTRICT. THAT INSTRUCTION AUTHORIZED PER DIEM FOR COAST GUARD PERSONNEL IN THE SAN PEDRO-LONG BEACH AREA ORDERED TO SMALL ARMS TRAINING AT EL TORO AS PROVIDED IN PARAGRAPH B04B03-2 (1) OF THE COAST GUARD TRAVEL MANUAL IN VIEW OF THE PROXIMITY OF THEIR UNITS TO THE MARINE CORPS AIR STATION AT EL TORO. ALSO, IT WAS STATED IN THE REPORT FURNISHED BY THE COMMANDANT THAT UPON EXAMINATION IT WAS BELIEVED THAT DUTY OF THE NATURE INVOLVED IN YOU AIM,"CONSTITUTES FIELD EXERCISES OR OTHER SIMILAR ACTIVITIES WITHIN THE MEANING OF PARAGRAPH 4201-6, JOINT TRAVEL REGULATIONS.' YOU INDICATE THAT YOU WERE REQUIRED TO TRAVEL 35 MILES TO THE TEMPORARY DUTY STATION IN COMPLIANCE WITH THE ORDERS AND THAT A CHANGE WAS REQUIRED IN YOUR NORMAL LIVING ARRANGEMENTS, SINCE THE DISTANCE AND SCHEDULE INVOLVED MADE IT NECESSARY TO REMAIN AT THE TEMPORARY STATION DURING THE PERIOD OF TEMPORARY DUTY. ON THAT BASIS, YOU STATE A BELIEF THAT YOU ARE ENTITLED TO THE ADDITIONAL PER DIEM CLAIMED UNDER PARAGRAPH 4205-5 (D) OF THE JOINT DUTY. ON THAT BASIS, YOU STATE A BELIEF THAT YOU ARE ENTITLED TO THE ADDITIONAL PER DIEM CLAIMED UNDER PARAGRAPH 4205-5 (D) OF THE JOINT TRAVEL REGULATIONS WHICH PRESCRIBES PER DIEM RATES FOR MEMBERS UNDERGOING COURSES OF INSTRUCTION.

PARAGRAPH 4200 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF THE PER DIEM ALLOWANCES PRESCRIBED IN PARAGRAPH 4205-5 FOR ALL PERIODS OF TEMPORARY DUTY, AND TRAVEL IN CONNECTION THEREWITH, PERFORMED IN THE UNITED STATES UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR OR RESTRICTED IN THE REGULATIONS. FOOTNOTE Z TO PARAGRAPH 4205-5 PROVIDES THAT THE SECRETARY OF THE DEPARTMENT CONCERNED, OR THE PERSON TO WHOM HE DELEGATES THE AUTHORITY, MAY AUTHORIZE NO PER DIEM OR RATES OF PER DIEM IN LESSER AMOUNTS THAN THOSE INDICATED IN THE PER DIEM TABLE CONTAINED IN THAT PARAGRAPH WHEN THE CIRCUMSTANCES OF THE TRAVEL OR DUTY TO BE PERFORMED SO WARRANT AND ARE PECULIAR TO THAT PARTICULAR DEPARTMENT. UNDER THAT AUTHORITY, DELEGATED BY THE SECRETARY OF THE TREASURY, PARAGRAPH B04E03-2 (1) OF THE COAST GUARD TRAVEL MANUAL WAS ISSUED BY THE COMMANDANT OF THE COAST GUARD PRESCRIBING A PER DIEM OF $1 FOR OFFICERS ON TEMPORARY DUTY IN EXCESS OF 10 HOURS "WITHIN A FEW MILES BEYOND THE CORPORATE LIMITS OF HIS PERMANENT DUTY STATION" WHEN NO CHANGE IN NORMAL LIVING ARRANGEMENT IS REQUIRED.

IT APPEARS THAT A DETERMINATION THAT THE PERFORMANCE OF TEMPORARY DUTY AT EL TORO UNDER THE CIRCUMSTANCES INVOLVED IN YOU CASE WOULD REQUIRE NO CHANGE IN NORMAL LIVING ARRANGEMENT WITHIN THE CONTEMPLATION OF THE CITED PROVISIONS OF THE COAST GUARD TRAVEL MANUAL WAS MADE BY THE COMMANDER, ELEVENTH COAST GUARD DISTRICT, AS SHOWN IN DISTRICT OPERATIONS INSTRUCTION NO. 34-58. NOTHING APPEARING IN THE AVAILABLE RECORD INDICATES THAT THE CIRCUMSTANCES INVOLVED IN YOUR PARTICULAR CASE WERE DIFFERENT FROM THOSE UPON WHICH THAT DETERMINATION WAS BASED. IT MUST BE CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS UNDER THE LAW AND REGULATIONS FOR THE PAYMENT TO YOU OF AN ALLOWANCE EXCEEDING THAT WHICH YOU RECEIVED INCIDENT TO THE TEMPORARY DUTY IN QUESTION. FURTHERMORE, IN VIEW OF THE SUGGESTION THAT THE DUTY IN QUESTION CONSTITUTED FIELD EXERCISES OR OTHER SIMILAR ACTIVITIES WITHIN THE MEANING OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS, YOUR ENTITLEMENT TO THE PER DIEM YOU HAVE RECEIVED IS DOUBTFUL, SINCE THE PAYMENT OF PER DIEM IS NOT AUTHORIZED FOR DUTY OF THAT TYPE PERFORMED WHERE BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES ARE AVAILABLE. THE SETTLEMENT OF APRIL 24, 1959, IS SUSTAINED.

YOUR CLAIM FOR A MILEAGE ALLOWANCE AS REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCURRED INCIDENT TO LOCAL TRAVEL AT YOUR DUTY STATION AT SAN PEDRO, CALIFORNIA, IN 1954, WHICH WAS RECEIVED BY ENDORSEMENT OF THE COMMANDANT, UNITED STATES COAST GUARD, DATED JULY 28, 1959, WILL BE THE SUBJECT OF A SEPARATE SETTLEMENT TO BE ISSUED ON A LATER DATE.