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(DATE: July 22, 1997)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claims Case No. 96100801)Tj
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(DIGEST)Tj
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(Upon graduation from the Air Force Academy, an Air Force officer departe\
d the )Tj
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(first permanent duty)Tj
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(assignment in Japan, with temporary duty to Mississippi en route. )Tj
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(He traveled )Tj
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(to his temporary duty station and)Tj
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(completed his temporary duty. )Tj
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(He was then ordered back to the )Tj
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(Academy for temporary duty. )Tj
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(Under these)Tj
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(circumstances, 1 JFTR U7000-B does not appear to )Tj
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(prohibit payment of per diem, since the member had departed the)Tj
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(DECISION)Tj
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(An Air Force officer claims per diem and transportation allowances for t\
emporary duty at the United )Tj
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(States Air Force)Tj
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(Academy \(Academy\). )Tj
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(Pursuant to Public Law No. 104-316, October 19, 1996, )Tj
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(title 31 of the United States Code,)Tj
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(Section 3702, which provides for the settlement of claims against )Tj
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(the United States, was amended to provide that the)Tj
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(Secretary of Defense shall settle claims involving )Tj
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(uniformed service members' pay, allowances, travel, transportation,)Tj
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(benefits. )Tj
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(The Secretary further delegated that authority to this Office.)Tj
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(Background)Tj
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(The member graduated from the Academy on June 2, 1993. )Tj
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(He was relieved from his appointment )Tj
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(received orders to perform temporary duty \(TDY\) at Keesler AFB, Missis\
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(then permanent duty at Misawa Air)Tj
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(Base, Japan. )Tj
(He departed the Academy and traveled to his )Tj
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(TDY station. )Tj
(He completed his TDY in Mississippi on)Tj
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(August 19, 1993, and went on leave )Tj
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(pending his port call to his permanent duty station.)Tj
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(On September 1, 1993, he was notified by telephone that he was to return\
to the Academy. )Tj
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(He was )Tj
(later informed that)Tj
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(he was under investigation. )Tj
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(Subsequently, written orders were issued confirming )Tj
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(the verbal orders and amending the)Tj
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(member's reporting date to Misawa, which at all times remained )Tj
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(his new permanent duty station. )Tj
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(The member was)Tj
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(administratively attached to Headquarters )Tj
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(Squadron, United States Air Force Academy. )Tj
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(He apparently was authorized)Tj
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(transportation expenses. )Tj
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(His orders were further amended to extend his reporting date from no)Tj
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(later )Tj
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(than September 11, 1993, to September 30, 1993. )Tj
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(Subsequent orders changed his reporting date to )Tj
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(October 31,)Tj
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(1993. )Tj
(The third amendment to his orders \(apparently dated October 8, 1993\) c\
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(his reporting date to February 24,)Tj
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(1994, and rescinded all previous orders and amendments. )Tj
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(It )Tj
(stated:)Tj
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(General TDY reporting instructions: Purpose of TDY - Utilization of grad\
uates awaiting training. )Tj
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(Pursuant to JTR[sic],)Tj
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(vol. I, para U7000-B, officers assigned TDY to USAF Academy are not )Tj
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(entitled to per diem. )Tj
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(Date: 931001-940225.)Tj
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(As a result, he was removed from billeting and disallowed transportation\
, pursuant to 1 JFTR para. )Tj
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(U7000-B. )Tj
(The)Tj
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(member was cleared with regard to the investigation and departed for Mis\
awa Air )Tj
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(Base on January 10, 1994.)Tj
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(The member submitted his claim for per diem and transportation expenses \
for the period from )Tj
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(October 1, 1993, through)Tj
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(January 9, 1994, totaling $7,777, which he states does not include all o\
f )Tj
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(the expenses which he incurred. )Tj
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(He asserts that)Tj
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(he was wrongfully denied per diem and )Tj
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(transportation, and that U7000-B was erroneously applied to his circumst\
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