B-148499, MAY 17, 1962

B-148499, MAY 17, 1962

TO LIEUTENANT (JG) ROBERT P. NICOLLS:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 17, 1962, CONCERNING YOUR CLAIM FOR ADDITIONAL PER DIEM FOR VARIOUS DATES DURING THE PERIOD MAY 25, 1960, TO DECEMBER 6, 1960.

THE RECORD SHOWS THAT BY ORDERS DATED MARCH 31, 1960, YOU WERE TRANSFERRED FROM UNITED STATED NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, TO NAVAL AIR STATION, OCEANA, VIRGINIA BEACH, VIRGINIA, WHERE YOU WERE TO REPORT TO THE COMMANDING OFFICER, ATTACK SQUADRON FOUR THREE (VA-43) FOR TEMPORARY DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS FOR A PERIOD OF ABOUT TWELVE WEEKS IN A4D TRAINING AS REPLACEMENT PILOT 28. UPON COMPLETION OF THIS TEMPORARY DUTY AND WHEN DIRECTED BY YOUR COMMANDING OFFICER, YOU WERE TO BE DETACHED AND PROCEED TO THE NAVAL AIR STATION, NORFOLK, VIRGINIA, AND REPORT TO THE COMMANDER, NAVAL AIR FORCE, U.S. ATLANTIC FLEET, FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT. YOU REPORTED AT OCEANA ON MAY 24, 1960. THE DETACHMENT WAS ACCOMPLISHED BY ORDERS DATED DECEMBER 7, 1960, WHICH STATED YOU WERE "DETACHED FROM DUTY.' THOSE ORDERS WERE CORRECTED BY ORDERS DATED FEBRUARY 24, 1961, TO SHOW THAT YOU WERE "DETACHED FROM TEMPORARY DUTY.'

BY SETTLEMENT DATED MARCH 28, 1961, YOU WERE ALLOWED $668 AS PER JUNE 4 TO JULY 2, 1960; JULY 10 TO SEPTEMBER 19, 1960; OCTOBER 2 TO 22, 1960, AND OCTOBER 28 TO DECEMBER 6, 1960. IT APPEARS THAT DURING THE INTERVENING PERIODS YOU PERFORMED TEMPORARY DUTY AWAY FROM VIRGINIA BEACH PURSUANT TO OTHER ORDERS AND WERE PAID PER DIEM FOR SUCH DUTY. THE RATE USED IN THE SETTLEMENT OF MARCH 28, 1961, WAS THE RATE APPLICABLE TO TEMPORARY DUTY UNDER INSTRUCTIONS WITH GOVERNMENT QUARTERS AND MESS AVAILABLE. HOWEVER, BY SETTLEMENT DATED FEBRUARY 26, 1962, YOU WERE ADVISED THAT YOUR MAXIMUM ENTITLEMENT TO PER DIEM DURING THE PERIOD MAY 25 TO DECEMBER 6, 1960, WAS $504, REPRESENTING PER DIEM AT $6 PER DAY (ORDINARY TEMPORARY DUTY, GOVERNMENT QUARTERS AVAILABLE) FOR 84 DAYS, AND THAT YOU HAD BEEN OVERPAID $164, WHICH AMOUNT YOU WERE REQUESTED TO REFUND TO THIS OFFICE.

IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT YOUR CLAIM CAN BE SUBSTANTIATED BY ADDITIONAL INFORMATION FROM ATTACK SQUADRON FOUR THREE (VA-43) AND COMNAVAIRIANT. YOU SAY THAT YOUR ORDERS WERE UNIQUE AND SOMEWHAT EXPERIMENTAL; THAT AT THE END OF THE TWELVE WEEKS TEMPORARY DUTY DIRECTED BY THE ORDERS OF MARCH 31, 1960, YOU WERE TO BE ORDERED TO THE SIX MONTHS' OVERHAUL AND REPAIR SCHOOL AT QUONSET POINT, RHODE ISLAND, AND UPON COMPLETION RETURN TO VA-43; THAT ORDERS FOR SUCH DUTY WERE ISSUED AND CANCELLED TWO DAYS BEFORE THEY BECAME EFFECTIVE; THAT FURTHER ORDERS TO RETAIN YOU AT VA-43 WERE NOT ISSUED, AND THAT YOU REMAINED THERE TO COMPLETE THE REPLACEMENT PILOT TRAINING COURSE WHICH NORMALLY REQUIRES 18 WEEKS BUT WHICH, DUE TO WEATHER AND OPERATIONAL DIFFICULTIES, REQUIRED 23 WEEKS. THEREFORE, YOU ASK INFORMATION AS TO WHAT IS NECESSARY TO SUBSTANTIATE YOUR CLAIM ON THE BASIS OF SUCH EVENTS. ALSO, YOU REQUEST PERMISSION TO WITHHOLD REFUND OF THE INDEBTEDNESS UNTIL SUCH SUBSTANTIATING EVIDENCE HAS BEEN SUBMITTED AND REVIEWED.

UNDER SECTIONS 303 (A) AND (G) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A) AND (G), AND JOINT TRAVEL REGULATIONS ISSUED PURSUANT THERETO, A MEMBER OF THE UNIFORMED SERVICES IS NOT ENTITLED TO PER DIEM UNLESS HE IS IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY. PARAGRAPH 3000-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. AS INDICATED ABOVE, YOUR ORDERS DIRECTED TEMPORARY DUTY "FOR A PERIOD OF ABOUT TWELVE (12) WEEKS," UPON COMPLETION OF WHICH AND WHEN DIRECTED, YOU WERE TO PROCEED TO NAVAL AIR STATION, NORFOLK, VIRGINIA. NO ADDITIONAL ORDERS FOR FURTHER TEMPORARY DUTY AT NAVAL AIR STATION, OCEANA, VIRGINIA BEACH, VIRGINIA, WERE ISSUED AND AS THERE IS NO BASIS UPON WHICH WE MAY APPLY YOUR ORDERS AS COVERING A PERIOD OF 167 DAYS, OR NEARLY 24 WEEKS, WE HAVE NO ALTERNATIVE BUT TO RESTRICT THE PAYMENT OF PER DIEM FOR TEMPORARY DUTY SO DIRECTED TO THE PERIOD OF 12 WEEKS (84 DAYS) PRESCRIBED IN THE ORDERS.

SINCE THE RECORD CLEARLY SHOWS THAT ORDERS EXTENDING THE 12-WEEK PERIOD OF TEMPORARY DUTY WERE NOT ISSUED, WE ARE NOT AWARE OF ANY INFORMATION THAT YOU COULD NOW OBTAIN THAT WOULD HAVE THE EFFECT OF CONTEMPORANEOUS ORDERS EXTENDING THE TEMPORARY DUTY. WITHOUT SUCH ORDERS THE PAYMENT OF PER DIEM BEYOND 84 DAYS WAS ERRONEOUS. IT IS NECESSARY, THEREFORE, TO REQUEST REFUND. HOWEVER, IF PAYMENT IN ONE SUM WOULD CAUSE HARDSHIP, YOU MAY ARRANGE FOR PAYMENT IN INSTALLMENTS. AS INDICATED IN THE SETTLEMENT OF FEBRUARY 26, 1962, YOUR REMITTANCES SHOULD BE IN THE FORM OF CHECKS OR MONEY ORDERS PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," SHOULD REFER TO CLAIM 22-110-393, AND SHOULD BE MAILED TO:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON 13, D.C.

THE FILE OF CORRESPONDENCE ENCLOSED WITH YOUR LETTER OF MARCH 17, 1962, IS RETURNED FOR YOUR RECORDS.