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B-211001 1 (1983-11-15)

handle is hein.gao/gaobadlkd0001 and id is 1 raw text is: - ~THE COMPTROLLER GENERAL DECISION. OF THE UNITED STATES OECIION Q1Z WASHINGTON. 0. C. 20548 FILE: B-211001 DATE: November 15, 1983 MATTER OF: Captain Steven B. Sonnenberg, USMC DIGEST: 1. Under the statute authorizing per diem and other travel allowances for service members on official travel assignments, no per diem at all is ordinarily payable for periods of an assignment that are properly classi- fied as field duty, since ordinarily service members have no additional living expenses during such periods. Superseded provisions in the Joint Travel Regulations are not interpreted as making sleeping and subsistence conditions the sole criteria for determining whether field duty is involved because the statutory author- ity for payments of per diem does not authorize denial without reference to the type of duty being performed. 2. In 1982 a group of marines on a tempo- rary duty assignment at Fort Bragg, North Carolina, were billeted in on-post barracks and received their meals in adjacent dining halls. In determining that the assignment was field duty for which no per diem was payable the appropriate authority noted that the buildings used were not suitable for regular use, one of the criteria in the regulations then in effect under which field duty deter- minations could be justified. The fact that the facilities were regular barracks and messhalls does not pre- clude a determination that they were occupied under field duty conditions. The question presented is whether Captain Steven B. Sonnenberg, USMC, may receive per diem claimed for a temporary duty assignioent at Fort Bragg, North Carolina, notwithstanding an alninist:ative determination that the assignment constituted duty under field conditions. In (0)--71 U

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