B-134990, APR. 2, 1958

B-134990, APR. 2, 1958

TO MR. LAWRENCE F. PETKOVSEK:

IN YOUR LETTER OF MARCH 4, 1958, YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED IN GREENLAND AS A MEMBER OF THE 1ST ENGINEER ARCTIC TASK FORCE UNDER ORDERS DATED JANUARY 30, 1956.

IN DECISION OF FEBRUARY 28, 1958, B-134990, YOU WERE ADVISED THAT THE DISALLOWANCE OF YOUR CLAIM BY OUR SETTLEMENT OF APRIL 18, 1956, WAS PROPER, AND REQUIRED, SINCE THE ORDERS DIRECTING THE TEMPORARY DUTY IN QUESTION CONTAINED A STATEMENT OF ADMINISTRATIVE DETERMINATION THAT IT WAS FIELD DUTY OF THE TYPE CONTEMPLATED BY THE JOINT TRAVEL REGULATIONS WHICH COULD NOT BE CONSIDERED AS OVERCOME BY A SUBSEQUENTLY ISSUED AMENDMENT TO THE ORDERS PURPORTING TO AUTHORIZE PER DIEM WITHOUT PROVIDING EVIDENCE THAT THE ORIGINAL ADMINISTRATIVE DETERMINATION OF THE EXISTENCE OF A FIELD DUTY SITUATION WAS IN ERROR. YOU SUGGEST, HOWEVER, THAT SUCH DETERMINATION WAS ERRONEOUS BECAUSE YOUR MISSION WAS TO SUPPORT AND ASSIST CIVILIAN SCIENTISTS IN RESEARCH ACTIVITIES AND SO ,WAS NOT OF THE FRIVOLOUS NATURE AS THOSE CONTAINED IN PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS," AND THAT IT WAS PERFORMED UNDER CIRCUMSTANCES WHERE THE QUARTERS AND RATIONS PROVIDED WERE INADEQUATE AND UNSATISFACTORY. YOU DO NOT CONTEND THAT YOU WERE PUT TO UNDUE ADDITIONAL PERSONAL EXPENSE.

THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING OR PERFORMING TEMPORARY DUTY OUTSIDE THE UNITED STATES IS AUTHORIZED FOR THE PURPOSE OF PROVIDING A MEANS OF REIMBURSING THEM FOR THE ADDITIONAL QUARTERS AND SUBSISTENCE EXPENSES AND OTHER NECESSARY INCIDENTAL EXPENSES INCURRED WHILE AWAY FROM THEIR PERMANENT STATIONS. SEE SECTION 303/B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THERE IS NO AUTHORITY FOR THE PAYMENT OF THE ALLOWANCE ON THE BASIS THAT THE TEMPORARY DUTY PERFORMED INVOLVED HAZARD OR HARDSHIP. 37 COMP. GEN. 126. THE PROVISIONS OF PARAGRAPH 4250-3 OF THE JOINT TRAVEL REGULATIONS DID NOT DESIGNATE CERTAIN SITUATIONS AS "FIELD DUTY" BECAUSE OF THEIR "FRIVOLOUS NATURE," AS YOU APPARENTLY BELIEVE, BUT CONTEMPLATED THE INCLUSION OF THOSE TYPES OF DUTY ASSIGNMENTS WHERE EXTRAORDINARY SUBSISTENCE EXPENSES WOULD NOT BE INCURRED BY THE PARTICIPANTS. THERE ARE NO LEGAL GROUNDS THEREFORE TO CONCLUDE THAT THE DUTY IN QUESTION WAS NOT FIELD DUTY WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS ON THE BASIS OF YOUR CONTENTIONS AS TO THE PURPOSE OF THE DUTY AND THE PHYSICAL HARDSHIP OF ITS PERFORMANCE. ACCORDINGLY, YOU ARE AGAIN ADVISED THAT THERE EXISTS NO PROPER BASIS FOR THE PAYMENT OF YOUR CLAIM.

WITH REFERENCE TO YOUR STATEMENT THAT OTHER MEMBERS OF THE 1ST ENGINEER ARCTIC TASK FORCE HAVE RECEIVED PER DIEM ALLOWANCES UNDER CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN YOUR CASE, YOU ARE ADVISED THAT MANY CLAIMS ADVANCED UNDER CIRCUMSTANCES SIMILAR TO YOURS--- INCLUDING NUMBER WHERE THE MEMBERS PERFORMED TRAVEL AND TEMPORARY DUTY UNDER THE SAME ORDERS THAT DIRECTED YOUR TRAVEL--- HAVE BEEN DISALLOWED. IF, AS YOU SUGGEST, THERE HAVE BEEN INSTANCES WHERE PER DIEM HAS BEEN PAID UNDER SIMILAR CIRCUMSTANCES, SUCH PAYMENTS WERE ERRONEOUS AND MAY NOT SERVE AS A BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THE CORRESPONDENCE AND OTHER EVIDENCE SUBMITTED IN CONNECTION WITH YOUR CLAIM HAVE BECOME A PART OF THE PERMANENT RECORDS OF THE GENERAL ACCOUNTING OFFICE AND MAY NOT BE RETURNED TO YOU AS REQUESTED.