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B-203925 1 (1981-09-02)

handle is hein.gao/gaobadjsj0001 and id is 1 raw text is: DECISION f FILE: B-203925 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: September 2, 1981 Randall G. Ciechna Per Diem During Active Duty for Training I Reserve member on active duty for training for 35 days at a service school where Government quarters and messing facilities are available is not entitled to per diem. Prohibition against payment of per diem to Reserve members during annual training where Government quarters and messing facilities are available is also applicable to periods of active duty for training. Army Regulations provision which permits member to use other than Government facilities is not applicable to a reservist attending military service school. This action is in response to the appeal by Warrant Officer Randall G. Ciechna, USAR, of the settlement of our Claims Group, dated September 30, 1980, which dis- allowed his claim for per diem while on active duty for training. Because Mr. Ciechna's training duty was performed at a post where Government mess and quarters were available to him, his claim may not be allowed. Mr. Ciechna was ordered to active duty for training for a pe:iod of 35 days at the Army Service School at Fort Benjamin Harrison, Indiana, beginning January 23, 1977. He claims per diem for this period. He indicates that his original orders to that training required that he use Government quarters at Fort Harrison. However, Mr. Ciechna requested a review of the regulations to determine whether authority existed for him to live off-post during this period of active duty for training. He states that pursuant to his request, he was informed by an employee of the Army Reserve Command Comptroller Office that the provisions of paragraph 1-46c(l), Army Regulations (AR) 37-106, authorized his use of non-Govern- ment quarters. Following this his orders were changed to read, Government quarters and messing not required * * * However; after Mr. Ciechna arrived at Fort Harrison, the Finance Officer there determined that the regulation

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