B-163119, FEB. 15, 1968

B-163119, FEB. 15, 1968

PER DIEM - MILITARY PERSONNEL - GROUP TRAVEL DECISION TO NAVY OFFICER ALLOWING PER DIEM WHILE ON TEMPORARY ADDITIONAL DUTY ON DEPLOYMENT. WHERE ITINERARY SHOWS ABSENCE FROM HEADQUARTERS IN PERFORMANCE OF TRAVEL AND TEMPORARY DUTY BUT ORDERS SPECIFICALLY DIRECTING SUCH DUTY HAVE NOT BEEN FURNISHED, THE PERFORMANCE APPEARS CONSISTENT WITH BASIC ORDERS TO DIRECT PERFORMANCE OF UNIT OF GROUP TRAVEL AND TEMPORARY DUTY AWAY FROM HEADQUARTERS INCIDENT TO DEPLOYMENT. THEREFORE, PAYMENT OF PER DIEM MAY BE MADE.

TO LIEUTENANT WILLIAM E. THOMAS, USN:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 26, 1967, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PER DIEM WHILE ON TEMPORARY ADDITIONAL DUTY ON DEPLOYMENT FROM MARCH 23 TO SEPTEMBER 14, 1965, UNDER ORDERS OF MARCH 17, 1967, AS MODIFIED.

THE ORDERS OF MARCH 17, 1965, AS MODIFIED, DIRECTED YOU AND OTHER LISTED MEMBERS OF THE SQUADRON TO WHICH YOU WERE ATTACHED TO PERFORM TEMPORARY ADDITIONAL DUTY ON DEPLOYMENT AT MARINE CORPS AIR STATION, IWAKUNI, JAPAN, AND AT SUCH OTHER PLACES AS MAY BE DIRECTED FOR A PERIOD OF ABOUT 7 MONTHS. GOVERNMENT TRANSPORTATION AND GROUP TRAVEL WERE DIRECTED. THE ORDERS INDICATED THE DUTY INVOLVED A DEPLOYMENT AWAY FROM THE UNIT'S PERMANENT DUTY STATION (NAS, BARBERS POINT, HAWAII) SO AS TO BE SUBJECT TO THE PER DIEM PROHIBITION CONTAINED IN PARAGRAPH M4205, JOINT TRAVEL REGULATIONS. PURSUANT TO BUPERS ORDERS DATED JUNE 29, 1965, YOUR TEMPORARY ADDITIONAL DUTY WAS TERMINATED EFFECTIVE SEPTEMBER 13, 1965, AND YOU WERE DIRECTED TO REPORT AT NAAS, SAUFLEY FIELD, PENSACOLA, FLORIDA, FOR DUTY.

YOUR ITINERARY UNDER THE TEMPORARY ADDITIONAL DUTY ORDERS SHOWS THAT YOUR SQUADRON WAS BASED AT IWAKUNI, JAPAN, DURING THE ENTIRE PERIOD OF YOUR CLAIM AND THAT DURING THAT PERIOD IT WAS DEPLOYED UNDER MODIFYING ORDERS AT SEVERAL OTHER PLACES FOR VARYING PERIODS, RETURNING TO IWAKUNI UPON COMPLETION OF EACH DEPLOYMENT. SOME OF THE MODIFYING ORDERS WERE AVAILABLE TO SUBSTANTIATE YOUR CLAIM WHILE OTHERS HAVE NOT BEEN LOCATED.

THE ORIGINAL ORDERS TRANSMITTED WITH YOUR CLAIM CONTAIN NOTATIONS OF ADVANCE PER DIEM PAYMENTS AND PAYMENTS OF PER DIEM FOR SEVERAL PERIODS OF TEMPORARY ADDITIONAL DUTY. THE PERTINENT ADVANCE PAYMENTS WERE LISTED AS $120, DATED APRIL 16, 1965; $150, DATED JUNE 25, 1965, AND $150, DATED AUGUST 27, 1965. PER DIEM PAYMENTS WERE SHOWN AS $46.89 FOR THE PERIOD FROM APRIL 20 TO 23, 1965, PAID MAY 10, 1965; $57.80 FOR THE PERIOD FROM APRIL 25 TO MAY 3, 1965, VOUCHER NUMBER AND DATE OF PAYMENT NOT SHOWN, AND $13.35, FOR PERIOD FROM JUNE 1 TO 3, 1965, VOUCHER NUMBER AND DATE OF PAYMENT ALSO NOT SHOWN.

IN YOUR CLAIM, YOU STATED YOU HAD BEEN PAID $118.04 (WHICH IS THE TOTAL OF THE THREE PAYMENTS SHOWN ABOVE) AND WERE ADVANCED $420. THE ADMINISTRATIVE OFFICE WAS UNABLE TO LOCATE RECORDS OF THE $57.80 AND $13.35 PAYMENTS. IT LISTED AN ADDITIONAL ADVANCE PAYMENT OF $80, FOR A TOTAL OF $500. BY SETTLEMENT DATED MARCH 28, 1967, OUR CLAIMS DIVISION ALLOWED THE PAYMENT OF $24.75, FOR MEALS PAID FOR BY YOU WHILE ON GROUP TRAVEL DURING THE PERIOD FROM JUNE 26 TO JULY 31, 1965. PER DIEM OR REIMBURSEMENT OF EXPENSES FOR THE PERIODS FROM APRIL 3 TO 19 AND FROM APRIL 23 TO 25, 1965, WAS NOT ALLOWED IN THE SETTLEMENT BECAUSE NO ORDERS WERE FURNISHED DIRECTING TRAVEL DURING THOSE PERIODS.

IN YOUR LETTER OF OCTOBER 26, 1967, YOU CONTENDED YOU ARE ENTITLED TO AT LEAST $1.90 PER DAY FOR 171 DAYS' DEPLOYMENT, PLUS ADDITIONAL PER DIEM WHILE IN VIETNAM, WHERE NO MESSING FACILITIES WERE AVAILABLE. YOU STATED YOU WERE UNABLE TO OBTAIN COPIES OF DEPLOYMENT ORDERS FOR THE PERIOD FROM APRIL 3 TO 19, 1965, BUT HAD OBTAINED COPIES OF ORDERS FROM A MEMBER OF THE CREW INVOLVED IN THE DEPLOYMENT. HOWEVER, YOU DID NOT TRANSMIT THESE ORDERS WITH YOUR LETTER.

PARAGRAPH M4100 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PROVISIONS OF 37 U.S.C. 404, DEFINES "GROUP TRAVEL" AS A MOVEMENT UNDER A GROUP TRAVEL ORDER, EITHER ON A PERMANENT CHANGE OF STATION OR ON TEMPORARY DUTY, OF THREE OR MORE MEMBERS TRAVELING IN A GROUP FOR WHICH TRANSPORTATION WILL BE FURNISHED BY THE GOVERNMENT. PARAGRAPH M4101-2, PROVIDES THAT IN LIEU OF PER DIEM, A MEMBER TRAVELING UNDER GROUP TRAVEL ORDERS WILL BE SUBSISTED EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT. IT PROVIDES FURTHER THAT IN THE EVENT SHELTERING FACILITIES OR SUBSISTENCE ARE NOT AVAILABLE WHEN EN ROUTE OR AT TEMPORARY DUTY POINTS ON DAYS OF ARRIVAL OR DEPARTURE THEREFROM, OR AT POINTS OF DELAY, MEMBERS WILL BE ENTITLED TO A PER DIEM ALLOWANCE AS AUTHORIZED IN PARAGRAPHS M4205 -3 OR M4256-3, AS APPLICABLE. IT PROVIDES FURTHER THAT WHEN A GOVERNMENT MESS IS AVAILABLE OR MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT ARE AVAILABLE, OFFICER MEMBERS ARE NOT ENTITLED TO REIMBURSEMENT NOTWITHSTANDING THAT THEY ARE REQUIRED TO PAY FOR SUCH MEALS.

PARAGRAPH M4102 OF THE REGULATIONS PROVIDES THAT GROUP TRAVEL CEASES AT 2400 HOURS ON THE DAY OF ARRIVAL AT A TEMPORARY DUTY POINT OR THE TIME OF ARRIVAL AT A PERMANENT DUTY STATION. IT PROVIDES FURTHER THAT APPROPRIATE PER DIEM ALLOWANCES PROVIDED BY PART E OR F OF THE REGULATIONS WILL APPLY AT TEMPORARY DUTY POINTS FROM 0001 OF THE DAY FOLLOWING THE DATE OF ARRIVAL THEREAT TO AND INCLUDING 2400 OF THE DAY PRIOR TO THE DATE OF DEPARTURE THEREFROM.

PARAGRAPH M4256-3, OF THE REGULATIONS WHICH IS APPLICABLE IN YOUR CASE, PROVIDES THAT WHEN MEMBERS ARE REQUIRED TO PROCURE OCCASIONAL MEALS OR QUARTERS, OR BOTH, FROM COMMERCIAL OR NONAPPROPRIATED FUND SOURCES WHILE TRAVELING UNDER GROUP TRAVEL CONDITIONS, THEY WILL BE ENTITLED TO A PER DIEM ALLOWANCE OBTAINED BY MULTIPLYING THE NUMBER OF MEALS REQUIRED TO BE PROCURED BY 14 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE PRESCRIBED FOR THAT PLACE IN APPENDIX A OF THE REGULATIONS, PLUS ACTUAL EXPENSES FOR QUARTERS NOT IN EXCESS OF 50 PERCENT OF SUCH TRAVEL PER DIEM ALLOWANCE RATE, TO BE SUBSTANTIATED BY A RECEIPT FOR QUARTERS EXPENSE.

WITH RESPECT TO PER DIEM FOR MEMBERS WHILE ON TEMPORARY DUTY AT DIRECTED LOCATIONS OUTSIDE THE UNITED STATES, PARAGRAPH M4254 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR DEDUCTIONS FROM PER DIEM TO SUCH MEMBERS WHEN EITHER GOVERNMENT QUARTERS OR MESS ARE AVAILABLE. PARAGRAPH M4256-2, PROVIDES THAT WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE TO MEMBERS FOR PERIODS OF TEMPORARY DUTY, PER DIEM ALLOWANCES WILL BE COMPUTED IN ACCORDANCE WITH PARAGRAPH M4205-5, TABLE ITEM C (4) OR D, AS APPLICABLE, AND PARAGRAPH M4256-5 PROVIDES THAT WHEN GOVERNMENT QUARTERS ARE AVAILABLE AND A GOVERNMENT MESS IS NOT AVAILABLE BUT AN OFFICERS' OPEN MESS IS AVAILABLE, PER DIEM WILL BE COMPUTED IN ACCORDANCE WITH PARAGRAPH M4205-5, TABLE ITEM C (2) (B).

PARAGRAPH M4205-5, TABLE ITEM D, PROVIDES THAT FOR PERIODS OF TEMPORARY DUTY PERFORMED BY A MEMBER WITH HIS UNIT, OR A DETACHMENT THEREOF, WHEN THAT UNIT OR DETACHMENT IS ORDERED BY NAME OR NUMBER AWAY FROM ITS PERMANENT STATION UNDER CONDITIONS WHEN GOVERNMENT QUARTERS ARE AVAILABLE WITHOUT CHARGE AND GOVERNMENT MESS IS AVAILABLE, AN OFFICER WILL RECEIVE $1.00 PER DAY. A FOOTNOTE PROVIDES THAT THIS PER DIEM ALLOWANCE WILL BE INCREASED BY THE EXCESS, IF ANY, OF THE DAILY COST OF FOOD IN THE GOVERNMENT MESS OVER ONE-THIRTIETH OF THE MONTHLY BASIC ALLOWANCE FOR SUBSISTENCE (DETERMINED BY THE DEPARTMENT OF THE NAVY AS ?90 PER DAY). TABLE ITEM C (2) (B) OF THAT PARAGRAPH PROVIDES A PER DIEM RATE OF $5.15 UNDER THE CIRCUMSTANCES INDICATED IN PARAGRAPH M4256-5.

UNDER THE FOREGOING REGULATIONS YOU WERE ENTITLED, DURING THE PERIOD IN QUESTION, TO A PER DIEM OF $1.90 PER DAY WHILE ON DEPLOYMENT WITH YOUR SQUADRON PERFORMING TEMPORARY DUTY AT PLACES WHERE GOVERNMENT MESSING FACILITIES AND QUARTERS WERE AVAILABLE. WHERE EITHER QUARTERS OR MESSING FACILITIES WERE AVAILABLE, AS INDICATED IN THE ENDORSEMENTS ON THE MODIFYING ORDERS, ENTITLEMENT WOULD BE IN ACCORDANCE WITH PARAGRAPHS M4254 AND M4256 OF THE REGULATIONS. WHILE IN A GROUP TRAVEL STATUS BETWEEN POINTS OF TEMPORARY ADDITIONAL DUTY, YOU WERE ENTITLED TO REIMBURSEMENT AS PRESCRIBED UNDER THE PROVISIONS OF PARAGRAPH M4101 2 OF THE JOINT TRAVEL REGULATIONS.

YOUR ITINERARY SHOWS YOUR ABSENCE FROM IWAKUNI IN THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY AT SANGLEY POINT, PHILIPPINES, DURING THE PERIOD APRIL 3 TO 19, AND TRAVEL AND TEMPORARY DUTY AT CUBI POINT, PHILIPPINES, DURING THE PERIOD APRIL 23 TO 25. ALTHOUGH ORDERS SPECIFICALLY DIRECTING SUCH TRAVEL AND TEMPORARY DUTY HAVE NOT BEEN FURNISHED, THEIR PERFORMANCE APPEARS TO HAVE BEEN CONSISTENT WITH THE APPARENT PURPOSE OF THE BASIC ORDERS OF MARCH 17, 1965, AS MODIFIED, TO DIRECT THE PERFORMANCE BY YOUR UNIT OF GROUP TRAVEL AND TEMPORARY DUTY AWAY FROM IWAKUNI FROM TIME TO TIME INCIDENT TO THE UNIT'S DEPLOYMENT DURING THE PERIOD IN QUESTION. THE CIRCUMSTANCES INVOLVED WE WILL NOT FURTHER QUESTION THE FACT THAT SUCH TRAVEL AND TEMPORARY DUTY WERE DIRECTED BY COMPETENT AUTHORITY EXERCISED UNDER THE ORDERS OF MARCH 17, 1965.

ACCORDINGLY, WE ARE DIRECTING OUR CLAIMS DIVISION TO ISSUE SETTLEMENT ON THE BASIS STATED ABOVE, LESS THE PAYMENTS ALREADY MADE ($118.04 PLUS $24.75 ALLOWED IN THE SETTLEMENT DATED MARCH 28, 1967.) THE TOTAL FOUND DUE WILL BE OFFSET AGAINST THE $500 ADVANCE PAYMENTS MADE, SINCE THE RECORD DOES NOT INDICATE THAT THESE PAYMENTS HAVE BEEN LIQUIDATED.