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Request for Clarification of Decision Concerning Travel Orders

B-200745 Sep 01, 1981
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Highlights

A Marine Corps disbursing officer asked for clarification of the Claims Division finding that it would be appropriate to amend travel orders issued to an employee to redesignate his purported transfer as a temporary duty station with an appropriate change in the relocation allowances authorized. The employee received orders directing his permanent change of station from Michigan to Philadelphia for a period of 2 to 4 months. However, those orders were issued with the understanding that there would be a transfer of the Philadelphia function and that the employee would accompany that mission to Georgia. When the employee reported to Philadelphia, he was issued orders directing his permanent change of station to Georgia, and he reported to his new permanent station in 2 months. Based on an irregularity on the face of the orders authorizing expenses for transportation of household goods, and the fact that they were issued in contemplation of the employee's permanent assignment in Georgia, the Claims Division found that the assignment to Philidelphia was a temporary duty assignment. A review of the instant record indicated that there was a basis to retroactively amend the orders of other employees transferred under similar circumstances. Joint Travel Regulations provide that, in the case of an assignment of more than 2 months duration, consideration should be given to making a change in the employee's permanent duty station. However, this determination is to be made after consideration of the comparative costs of temporary duty and relocation expenses associated with a permanent change of station. Travel and transportation benefits are considered payable based upon the place at which the employee is expected to perform his duties for a substantial period of time. The short stay in Philadelphia and the intent to assign the employee to Georgia on a permanent basis justify the conclusion that Philadelphia was a temporary duty station. To the extent that other employees may have been issued short-term permanent change-of-station orders without regard to the instructions in the Joint Travel Regulations and on the supposition that a temporary duty assignment to Philadelphia would be inappropriate, their orders would also be subject to retroactive modification.

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