B-130035, JAN. 8, 1957

B-130035, JAN. 8, 1957

TO FIRST LIEUTENANT DELMER F. WALTER, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 18, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED DURING THE PERIOD OCTOBER 3 TO NOVEMBER 8, 1955.

UNDER ORDERS OF HEADQUARTERS, 3RD BOMBARDMENT WING (L), APO 994, DATED SEPTEMBER 29, 1955, YOU WERE DIRECTED TO PROCEED ON OR ABOUT OCTOBER 1, 1955, FROM YOUR DUTY STATION AT JOHNSON AIR BASE, JAPAN, TO HEADQUARTERS, FAR EAST AIR FORCES AT TOKYO, JAPAN, ON TEMPORARY DUTY FOR APPROXIMATELY 30 DAYS TO ATTEND A MACHINE ACCOUNTING SCHOOL, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR DUTY STATION. YOU PROCEEDED TO THE TEMPORARY DUTY STATION ON OCTOBER 3 AND UPON THE COMPLETION OF THE ASSIGNED DUTY ON NOVEMBER 8, 1955, YOU RETURNED TO YOUR DUTY STATION. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT THE TRAVEL AND TEMPORARY DUTY IN QUESTION WERE PERFORMED WITHIN THE IMMEDIATE VICINITY OF YOUR DUTY STATION AND THUS NOT OF THE NATURE FOR WHICH PER DIEM IS AUTHORIZED UNDER APPLICABLE REGULATIONS. YOU STATE THAT YOU FOUND IT IMPRACTICABLE TO MAKE DAILY TRIPS BETWEEN YOUR DUTY STATION AND THE SCHOOL AT TOKYO BECAUSE OF THE DISTANCE AND REQUIRED TRAVEL TIME INVOLVED AND THAT YOU WERE FORCED TO BE ABSENT AND TO TAKE YOUR MEALS AWAY FROM HOME AT INCREASED EXPENSE. IS YOUR CONTENTION THAT IT IS IMPROPER TO CONSIDER THAT YOU WERE IN THE STATUS OF TRAVELING WITHIN THE IMMEDIATE VICINITY OF YOUR DUTY STATION UNDER SUCH CIRCUMSTANCES.

THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ARE PROVIDED AS A MEANS FOR REIMBURSING MILITARY PERSONNEL FOR THE ADDITIONAL EXPENSES ARISING BY REASON OF THEIR BEING REQUIRED TO BE ABSENT FROM THEIR DUTY STATIONS ON OFFICIAL BUSINESS. IT WAS NOT ANTICIPATED THAT SUCH ALLOWANCES SHOULD BE PAID TO PERSONNEL AS REIMBURSEMENT FOR NORMAL TRANSPORTATION OR SUBSISTENCE EXPENSES INCURRED INCIDENT TO THE PERFORMANCE OF THEIR REGULARLY ASSIGNED DUTIES WITHIN THE CONFINES OF THEIR DUTY STATIONS, NOR FOR SUCH EXPENSES INCURRED WHILE ABSENT FROM THE STATIONS IN NEARBY AREAS OR FOR SHORT PERIODS INVOLVING NO MATERIALLY INCREASED EXPENSE. CONSISTENT WITH THAT PURPOSE PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT "EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE.' UNDER THOSE PROVISIONS HEADQUARTERS, FAR EAST AIR FORCES, IN MESSAGE QUOTED FOR INFORMATION AND COMPLIANCE IN LETTER OF HEADQUARTERS, 5TH AIR FORCE, DATED NOVEMBER 8, 1954, ISSUED THEIR DETERMINATION THAT PER DIEM WAS NOT PAYABLE TO FAR EAST AIR FORCES PERSONNEL FOR TRAVEL AND TEMPORARY DUTY PERFORMED WHOLLY WITHIN AN AREA BOUNDED BY AND INCLUDING SHIROI AIR BASE, JOHNSON AIR BASE, YOKOTA AIR BASE, TACHIKAWA AIR BASE, CAMP ZAMA, AND YOKOHAMA, JAPAN. SUCH DETERMINATION PRESUMABLY WAS BASED UPON THE OPINION OF AIR FORCE OFFICIALS STATIONED IN THE TOKYO AREA THAT ANY TRAVEL WITHIN THE AREA DEFINED SHOULD BE CAPABLE OF PERFORMANCE WITHOUT INVOLVING A MATERIAL INCREASE IN TRAVEL AND SUBSISTENCE EXPENSES OVER THOSE THAT NORMALLY WOULD BE INCURRED IN THE PERFORMANCE OF DUTIES AT THE DUTY STATION. SIMILAR RESTRICTIVE DETERMINATIONS UNDER PARAGRAPH 6450 OF THE REGULATIONS APPEAR TO HAVE BEEN ISSUED BY HEADQUARTERS, FAR EAST AIR FORCES, ON NOVEMBER 5, 1955, MARCH 12, 1956, AND JULY 30, 1956. IN VIEW OF SUCH DETERMINATIONS BY ADMINISTRATIVE OFFICIALS FAMILIAR WITH CONDITIONS IN THE LOCALITY INVOLVED, WE WOULD NOT BE WARRANTED IN CONCLUDING OTHER THAN THAT ANY TRAVEL OR TEMPORARY DUTY PERFORMED WHOLLY WITHIN THE BOUNDS OF THE AREA DESIGNATED BY HEADQUARTERS, FAR EAST AIR FORCES, IS TRAVEL WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION WITHIN THE CONTEMPLATION OF THE PROVISIONS OF PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

SINCE IT APPEARS THAT YOUR DUTY STATION AND TEMPORARY DUTY STATION WERE BOTH LOCATED WITHIN THE AREA DESIGNATED IN THE CITED DETERMINATIONS, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 18, 1956, IS SUSTAINED.