B-141019, JAN. 22, 1960
Highlights
SHORE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25. YOU WERE ALLOWED PER DIEM FOR THE PERIOD JUNE 15 TO JULY 25. THIS PER DIEM ALLOWANCELESS DEDUCTIONS WAS AUTHORIZED BY ARMY REGULATION 35-3080. WHEN OFFICERS AND WARRANT OFFICERS ARE ENTITLED TO PER DIEM. THEY WILL BE ASSESSED SERVICE CHARGES FOR UTILIZATION OF GOVERNMENT QUARTERS * * *. "B. MESSING FACILITIES. "/2) * * * DURING THE PERIODS OFFICERS AND WARRANT OFFICERS ARE ENTITLED TO PER DIEM A MINIMUM CHARGE OF $2.25 PER DAY WILL BE MADE FOR MEALS FURNISHED AT GOVERNMENT MESSES.'. DEDUCTIONS UNDER THE ABOVE-CITED REGULATIONS WERE MADE FROM THE PER DIEM ALLOWANCE AUTHORIZED FOR THE PERIOD JUNE 15 TO JULY 25. IN YOUR CURRENT LETTER YOU CONTEND THAT THE DEDUCTIONS OF $2.25 PER DAY FOR MEALS FURNISHED AND 50 CENTS PER DAY FOR UTILIZATION OF GOVERNMENT QUARTERS ARE NOT IN ORDER SINCE YOU "DID NOT EAT ALL MEALS ON THE YFC (YAKIMA FIRING CENTER).
B-141019, JAN. 22, 1960
TO MR. LAWRENCE B. SHORE:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25, 1959, REQUESTING RECONSIDERATION OF THAT PART OF OUR DECISION OF NOVEMBER 20, 1959, CONCERNING THE DEDUCTIONS MADE IN DETERMINING THE AMOUNT OF PER DIEM DUE YOU FOR THE PERIOD JUNE 15 TO JULY 25, 1958, INCIDENT TO YOUR SERVICE AS A FIRST LIEUTENANT IN THE UNITED STATES ARMY.
BY OUR DECISION OF NOVEMBER 20, 1959, AND SETTLEMENT ISSUED THEREUNDER, YOU WERE ALLOWED PER DIEM FOR THE PERIOD JUNE 15 TO JULY 25, 1958, AT THE ESTABLISHED RATE LESS DEDUCTIONS OF $2.25 PER DAY FOR MEALS FURNISHED AT GOVERNMENT MESS AND 50 CENTS PER DAY FOR UTILIZATION OF GOVERNMENT QUARTERS. THIS PER DIEM ALLOWANCELESS DEDUCTIONS WAS AUTHORIZED BY ARMY REGULATION 35-3080, DATED JUNE 9, 1958, EFFECTIVE JUNE 15, 1958, WHICH PROVIDED FOR PAYMENT OF PER DIEM ALLOWANCE OF $4 FOR OFFICERS AND $1 FOR ENLISTED MEN TO ACTIVE ARMY PERSONNEL FOR TEMPORARY DUTY IN CONNECTION WITH TRAINING ENCAMPMENTS, REGARDLESS OF THE TYPES OF QUARTERS OCCUPIED. PARAGRAPH 9 OF SUCH REGULATIONS PROVIDES AS FOLLOWS:
"A. SLEEPING ACCOMMODATIONS. WHEN OFFICERS AND WARRANT OFFICERS ARE ENTITLED TO PER DIEM, THEY WILL BE ASSESSED SERVICE CHARGES FOR UTILIZATION OF GOVERNMENT QUARTERS * * *.
"B. MESSING FACILITIES.
"/2) * * * DURING THE PERIODS OFFICERS AND WARRANT OFFICERS ARE ENTITLED TO PER DIEM A MINIMUM CHARGE OF $2.25 PER DAY WILL BE MADE FOR MEALS FURNISHED AT GOVERNMENT MESSES.'
SINCE NOTHING IN THE RECORD BEFORE US SHOWED PAYMENT BY YOU OF MESSING CHARGES OR BILLETING FEES, DEDUCTIONS UNDER THE ABOVE-CITED REGULATIONS WERE MADE FROM THE PER DIEM ALLOWANCE AUTHORIZED FOR THE PERIOD JUNE 15 TO JULY 25, 1958, UNDER OUR DECISION OF NOVEMBER 20, 1959. IN YOUR CURRENT LETTER YOU CONTEND THAT THE DEDUCTIONS OF $2.25 PER DAY FOR MEALS FURNISHED AND 50 CENTS PER DAY FOR UTILIZATION OF GOVERNMENT QUARTERS ARE NOT IN ORDER SINCE YOU "DID NOT EAT ALL MEALS ON THE YFC (YAKIMA FIRING CENTER), AND THOSE THAT I DID EAT AT THE GOVERNMENT MESS I PAID FOR AT PER DIEM RATES. ALSO I PAID A BILLETING FEE FOR QUARTERS I OCCUPIED AT YFC.' YOU HAVE FURNISHED NO PROOF, HOWEVER, THAT YOU PAID THE BILLETING FEE FOR THE QUARTERS YOU OCCUPIED AT THE YAKIMA FIRING CENTER, AND FOR SOME MEALS AT THE GOVERNMENT MESS. IN THE ABSENCE OF SUCH PROOF IN THE FORM OF RECEIPTS OR OTHER ACCEPTABLE EVIDENCE SHOWING SUCH PAYMENTS ON YOUR PART, THERE IS NO ALTERNATIVE UNDER THE REGULATIONS BUT TO MAKE THE DEDUCTIONS IN QUESTION.
ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, OUR DECISION OF NOVEMBER 20, 1959, IS SUSTAINED.