B-143018, OCT. 13, 1960

B-143018, OCT. 13, 1960

TO SECOND LIEUTENANT JAMES L. WOODWARD:

REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1960, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 28, 1960, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT RANGER MOUNTAIN TRAINING CAMP, DAHLONEGA, GEORGIA, AUGUST 3 TO SEPTEMBER 21, 1959, AND FOR MILEAGE ON THE RETURN TRIP TO YOUR PERMANENT STATION AT FORT BENNING, GEORGIA.

UNDER ORDERS ISSUED BY HEADQUARTERS, UNITED STATES ARMY INFANTRY CENTER, FORT BENNING, GEORGIA, DATED JULY 31, 1959, YOU AND OTHER MEMBERS OF A COMPANY SIZE UNIT WERE DIRECTED TO DEPART THAT STATION ON OR ABOUT AUGUST 3, 1959, FOR TEMPORARY DUTY OF APPROXIMATELY 60 DAYS WITH THE SECOND RANGER COMPANY, THE SCHOOL BRIGADE, DAHLONEGA, GEORGIA. SUCH ASSIGNMENT WAS FOR THE PURPOSE OF CONSTRUCTING A SEWAGE LAGOON AND WAS DESIGNATED AS A TRAINING MISSION. RATIONS AND QUARTERS WERE TO BE FURNISHED BY THE COMMANDING OFFICER OF THE SECOND RANGER COMPANY. SPECIAL ORDERS NO. 184, DATED SEPTEMBER 21, 1959, ISSUED BY HEADQUARTERS TRANSFER POINT, FORT BENNING, GEORGIA, PROVIDED THAT YOU WERE TO BE RELEASED FROM ACTIVE DUTY SEPTEMBER 30, 1959, AND YOU WERE NOTIFIED TO REPORT TO FORT BENNING WITH CERTAIN RECORDS NOT LATER THAN SEPTEMBER 21, 1959, FOR PROCESSING FOR SEPARATION. THE ORDERS DATED JULY 31, 1959, WERE AMENDED OCTOBER 12, 1959, TO AUTHORIZE PER DIEM.

REGULATIONS GOVERNING THE PAYMENT OF PER DIEM AND OTHER TRAVEL ALLOWANCES TO MILITARY PERSONNEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4201 OF THOSE REGULATIONS SETS FORTH VARIOUS CONDITIONS AND CIRCUMSTANCES UNDER WHICH TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE. SUBPARAGRAPH 4201-6 PROHIBITS THE PAYMENT OF THE ALLOWANCE---

"WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISE, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS OR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND OTHER SIMILAR ACTIVITIES (INCLUDING DUTY AS OBSERVER OR UMPIRE) WHERE BOTH RATIONS IN KIND (INCLUDING FIELD RATIONS) AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. * * * THIS LIMITATION DOES NOT APPLY (1) WHEN PARTICIPATION IN THE TYPES OF DUTY SPECIFIED ABOVE INVOLVES TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE UNIFORMED SERVICE CONCERNED, OR (2) DURING THE PERIOD A MEMBER IS ACTUALLY ENGAGED IN THE ADVANCE PLANNING OR CRITIQUE PHASES OF THE OPERATION * * *.'

REGULATIONS IMPLEMENTING THIS PROVISION ARE CONTAINED IN ARMY REGULATIONS 35-3080, DATED JUNE 9, 1958, IN EFFECT DURING THE PERIOD OF YOUR CLAIM. PROVISION IS MADE IN PARAGRAPH 7C (1) FOR PAYMENT OF A PER DIEM ALLOWANCE OF $4 FOR OFFICERS AND $1 FOR ENLISTED MEN FOR TEMPORARY DUTY PERFORMED AT THE SITE OF THE OPERATION ON AN INSTALLATION OF THE UNIFORMED SERVICES IN CONNECTION WITH MANEUVERS, EXERCISES, SIMULATED WAR GAMES AND OTHER SIMILAR ACTIVITIES DURING PERIODS FROM THE DAY FOLLOWING ARRIVAL AT THE SITE THROUGH THE DAY PRECEDING THE BEGINNING DATE OF THE ACTUAL OPERATION, AND FROM AND INCLUDING THE CLOSING DATE OF THE ACTUAL OPERATION, THROUGH THE DAY PRECEDING DEPARTURE FROM THE SITE. PER DIEM IS NOT AUTHORIZED FROM THE BEGINNING DATE OF THE ACTUAL OPERATION THROUGH THE DATE PRECEDING ITS TERMINATION. THE ARMY HAS REPORTED THAT THE TRAINING MISSION OPENED AUGUST 3, 1959, AND CLOSED OCTOBER 17, 1959. SINCE YOUR CLAIM COVERS THE PERIOD AUGUST 3, TO SEPTEMBER 21, 1959, WHICH IS WITHIN THE PERIOD OF THE ACTUAL OPERATION, THE PAYMENT OF PER DIEM IS NOT AUTHORIZED.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES ONLY WHILE IN A TRAVEL STATUS PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. UNDER SUCH PROVISIONS IT MAY BE CONSIDERED THAT YOU WERE ENTITLED TO MILEAGE FROM DAHLONEGA TO FORT BENNING SINCE YOU WERE NOTIFIED TO RETURN TO FORT BENNING, PRIOR TO THE RETURN OF THE OTHER MEMBERS OF YOUR UNIT, FOR PROCESSING FOR SEPARATION FROM THE SERVICE.

ACCORDINGLY, OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ISSUE A SETTLEMENT FOR MILEAGE FOR YOUR RETURN TRIP FROM DAHLONEGA TO FORT BENNING, NOTICE OF WHICH YOU SHOULD RECEIVE IN THE NEAR FUTURE.

THE FACT THAT OTHER MEMBERS OF YOUR COMPANY MAY HAVE RECEIVED PER DIEM PAYMENTS FOR TEMPORARY DUTY AT DAHLONEGA CONSTITUTES NO BASIS FOR SUCH A PAYMENT TO YOU. IF, IN THE AUDIT OF SUCH PAYMENTS THEY ARE FOUND TO HAVE BEEN ERRONEOUS, APPROPRIATE ACTION WILL BE TAKEN TO RECOVER THE AMOUNTS INVOLVED.