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B-188882 1 (1977-11-03)

handle is hein.gao/gaobadotg0001 and id is 1 raw text is: COMPTROLLR GENERAL OF TH UNITED STATES 1 50 WASHINGTON. DC. I B-188882 NOV V1977 The Hoorable Thomas P. 0'.1i11, Jr. House of lbpresentatives Dear Mr. O'Neill- This is in resionee to your inuirv on behalf of your coustitu- ant, , USAFIR, vh has claimed he is entitled to per diem for certain periods ha served on active duty. was originally ordered to active duty for the period of July 2, 1975, through September 27, 1975, at Readquar- ters, Air Force Colmunications Service, Richards-Gebaur Air Force Rasa, 1S ssourt. lis tour was extended a number of times, each extension being for a period of less than 20 weeks. However, the total length of time he served was approximately 65 weeks. lbrougbout his period of service he was stationed at Richards-Gobaur and per- formed the soae duties. He was paid per diem for over 400 days and also transportation expenses for his round-trip travel to Riichards- Gebaur. Ie has claimed he is also entitled to per diem for 32 addi- tional days. Nothing in the materials in our possession relating to this Case clearly indicates the reasons for the various extensions of tour of active duty. Kowver, the finance o r requested that we rule on enticleint to per diem expressed the opinion that * * the allocation of man days may have been the driving force behind the issuance of multiple orders for less than 20 weeks rather than the anticipated period for which clerical help was re uired. 'ie noted that the requests for extensions of tour do not refer to unforeseen circur-stances requ rIngion, but, rather, always use the same justification for requesting his services and imply an ongoing need for clerical support. Under 37 U.S.C. 5 404(a)(4) (1970), a member of a uniformed service is entitled to travel and transportation allowances, in accordance with regulations prescribed by the Secretaries con- cerned, when away from home to perform duty. The regulations promulgated pursuant to this provision that govern the payment of per diem to a reservist ordered to active

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