B-158305, JAN. 20, 1966

B-158305, JAN. 20, 1966

TO MR. ROBERT L. JACKSON:

THIS REFERS TO YOUR LETTER OF DECEMBER 16, 1965, WITH ENCLOSURES, ACKNOWLEDGED JANUARY 7, 1966, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 25, 1965, WHICH ALLOWED YOU ONLY $4.50 ADDITIONAL PER DIEM WHILE YOU WERE ON TEMPORARY DUTY AT FORT LEE, VIRGINIA, DURING THE PERIOD JANUARY 6 TO MARCH 29, 1963.

YOUR TRAVEL ORDER DATED DECEMBER 31, 1962, AUTHORIZED $6 PER DIEM PURSUANT TO THE PROVISIONS OF THE DEPARTMENT OF THE ARMY CPR T3. BY AN AMENDMENT TO CPR T3, DATED NOVEMBER 29, 1962 (CHANGE 9), THE PER DIEM OF $6 FOR EMPLOYEES WHO ATTEND SERVICE SCHOOLS AT WHICH GOVERNMENT QUARTERS ARE OCCUPIED WAS RAISED TO $9. YOU CONTEND THAT YOU ARE ENTITLED TO THE HIGHER RATE OF PER DIEM FROM THE TIME THE SCHOOL AT FORT LEE WAS NOTIFIED OF THE CHANGE IN PER DIEM.

IN SUPPORT OF YOUR CONTENTION YOU ALLEGE THAT THE PER DIEM WAS PAID AND DIRECTED BY FORT LEE, VIRGINIA, AND YOU REFER TO ONE OF YOUR ENCLOSURES WHICH IS A LETTER OF DECEMBER 19, 1962, FROM THE FORT LEE SCHOOL TO THE COMMANDING OFFICER OF THE INSTALLATION WHERE YOU WORK. THAT LETTER REQUESTED THAT ORDERS BE ISSUED FOR YOUR ATTENDANCE AT THE ARMY SUPPLY MANAGEMENT COURSE, CLASS 63-2, FROM JANUARY 7, 1963, TO MARCH 29, 1963, AND INDICATED THAT PER DIEM WOULD BE LIMITED TO $6 PER DAY SINCE OCCUPANCY OF GOVERNMENT QUARTERS WAS REQUIRED. THE TRAVEL ORDER DATED DECEMBER 31, 1962, AUTHORIZING YOU TO TRAVEL WAS ISSUED BY THE U.S. ARMY TRANSPORTATION MATERIEL COMMAND, ST. LOUIS, MISSOURI, AND WAS SIGNED FOR THE COMMANDER BY CAPTAIN JOHN C. FREEMAN, TC. WHILE THE LETTER OF DECEMBER 19, 1962, MENTIONED THE PER DIEM RATE TO BE PAID, NEVERTHELESS, THE COMMANDING OFFICER OF THE SCHOOL HAD NO AUTHORITY UNDER THE REGULATIONS TO ESTABLISH A PER DIEM RATE EXCEPT WHERE GOVERNMENT QUARTERS WERE NOT TO BE UTILIZED. IN OTHER WORDS, THE $6 RATE AND LATER THE $9 RATE (AS INCREASED BY CHANGE 9), WERE MANDATORY RATES PRESCRIBED BY REGULATIONS AND REQUIRED NO ACTION BY THE COMMANDING OFFICER OF THE FORT LEE SCHOOL. THUS, IT WAS INCUMBENT UPON YOUR ACTIVITY (AVCOM) TO REFER TO THE REGULATIONS TO OBTAIN THE PER DIEM RATE TO WHICH YOU WERE ENTITLED WHILE ATTENDING THE SCHOOL AND OCCUPYING GOVERNMENT QUARTERS. THE FACT THAT TRANSPORTATION COSTS AND PER DIEM FOR ATTENDANCE AT THE SCHOOL WERE BORNE BY FORT LEE IS IMMATERIAL.

THE INCREASE IN PER DIEM RATE FROM $6 TO $9 FOR USE OF GOVERNMENT QUARTERS, AS PRESCRIBED IN CHANGE 9 DATED NOVEMBER 29, 1962 (ISSUED PURSUANT TO A DIRECTIVE OF THE DEPARTMENT OF DEFENSE), WAS MANDATORY ON ALL INSTALLATIONS SUBJECT TO REGULATIONS OF THE DEPARTMENT OF THE ARMY FROM ITS EFFECTIVE DATE. HENCE, IT WAS NOT NECESSARY TO AMEND YOUR OUTSTANDING TRAVEL ORDER IN ORDER TO EFFECT THE INCREASE TO THE HIGHER RATE, BUT SUCH CHANGE DID NOT BECOME EFFECTIVE UNTIL THE DATE OF RECEIPT BY YOUR INSTALLATION (NOT THE SCHOOL) AS SPECIFIED IN OTHER REGULATIONS OF THE DEPARTMENT OF THE ARMY. SEE CPR A3.2-1. WE UNDERSTAND INFORMALLY THAT DATES APPEARING ON REGULATIONS OF THE DEPARTMENT OF THE ARMY ARE PLACED THEREON PRIOR TO BEING PRINTED IN THE GOVERNMENT PRINTING OFFICE AND AS THE TIME CONSUMED IN PRINTING COULD NOT BE REASONABLY ESTIMATED SO AS TO PERMIT THE SETTING OF AN EFFECTIVE DATE IT WAS DETERMINED TO MAKE SUCH REGULATIONS EFFECTIVE ONLY FROM THE DATE OF RECEIPT THEREOF BY THE VARIOUS INSTALLATIONS UNLESS OTHERWISE SPECIFIED. ACCORDINGLY, SINCE YOUR INSTALLATION RECEIVED CHANGE 9 ON MARCH 28, 1963, NO OTHER DATE BEING SPECIFIED, YOU WERE ENTITLED TO THE $9 RATE COMMENCING MARCH 28, 1963. SETTLEMENT OF OCTOBER 25, 1965, YOU WERE ALLOWED THE DIFFERENCE BETWEEN $6 AND $9 PER DIEM FOR THE PERIOD COMMENCING ON MARCH 28, 1963, AND ENDING AT THE TERMINATION OF THE SCHOOL.

THEREFORE, WE HEREBY SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF OCTOBER 25, 1965.

IN THE COPY OF THE LETTER OF JUNE 9, 1964, WHICH YOU FORWARDED HERE AS AN ENCLOSURE WITH YOUR LETTER OF DECEMBER 16, 1965, YOU SAY THAT BOTH MR. RANEY AND MR. CUNNINGHAM HAVE BEEN PAID AN ADDITIONAL $3 PER DIEM FOR DUTY AT FORT LEE, VIRGINIA, FOR THE PERIOD JANUARY 7 THROUGH MARCH 29, 1963. WE ASSUME YOU MEAN MR. EARL V. RANEY, USAMSC, COLUMBUS, OHIO. THE FILES OF OUR OFFICE SHOW THAT MR. RANEY RECEIVED THE INCREASE IN PER DIEM FROM THE DATE OF RECEIPT OF CHANGE 9 BY HIS INSTALLATION WHICH WAS JANUARY 30, 1963. WE ARE UNABLE TO IDENTIFY MR. CUNNINGHAM FROM THE LIMITED INFORMATION FURNISHED. HOWEVER, IF HE WAS ATTENDING THE SCHOOL AT FORT LEE, ANY INCREASE IN PER DIEM THAT HE MAY HAVE RECEIVED WOULD HAVE BEEN COMPUTED ON THE SAME BASIS AS YOURS AND MR. RANEY-S. ..END :