B-137485, NOV 6, 1958
Highlights
FC: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1. THE TEMPORARY DUTY IN QUESTION WAS PERFORMED UNDER LETTER ORDERS 6 136 OF HEADQUARTERS. LIEUTENANT CAMPUS WAS PLACED ON TEMPORARY DUTY STATUS BETWEEN BERLIN AND HELMSTEDT TO MAKE PERIODIC TRIPS FOR THE PURPOSE OF PERFORMING DUTIES AS TRAIN COMMANDER UNDER THE PROVISIONS OF PARAGRAPH 6550 OF THE JOINT TRAVEL REGULATIONS. IT APPEARS THAT BERLIN WAS HIS OFFICIAL DUTY STATION DURING THAT PERIOD. HIS ITINERARY SHOWS THAT IN SUCCESSIVE ROUND TRIPS BETWEEN BERLIN AND HELMSTEDT HE WAS ABSENT FROM BERLIN FROM 10:07 P. IN WHICH IT WAS HELD THAT A MEMBER WHOSE PRIMARY DUTY WAS THAT OF TRAIN COMMANDER ON TRAINS OPERATING BETWEEN POINTS IN GERMANY AND WHOSE TRAVEL WAS INCIDENTAL TO THAT DUTY AND NOT FOR THE PURPOSE OF MOVING FROM PLACE TO PLACE COULD NOT BE REGARDED AS BEING IN A TRAVEL STATUS FOR PER DIEM PURPOSES UNDER THE GOVERNING REGULATIONS.
B-137485, NOV 6, 1958
PRECIS-UNAVAILABLE
CAPTAIN W. H. CURREY, FC:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1958, PDTATAC CONTROL NO. 58-6, FORWARDED HERE BY ENDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED SEPTEMBER 19, 1958, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON THE ACCOMPANYING VOUCHER IN FAVOR OF SECOND LIEUTENANT MICHAEL I. CAMPUS, TC, FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AS A TRAIN COMMANDER OPERATING BETWEEN BERLIN AND HELMSTEDT, GERMANY, DURING THE PERIOD JUNE 17 TO 25, 1958.
THE TEMPORARY DUTY IN QUESTION WAS PERFORMED UNDER LETTER ORDERS 6 136 OF HEADQUARTERS, BERLIN COMMAND, APO 742, DATED JUNE 13, 1958, WHICH PROVIDED THAT FOR A PERIOD OF 16 DAYS, EFFECTIVE JUNE 16, 1958, LIEUTENANT CAMPUS WAS PLACED ON TEMPORARY DUTY STATUS BETWEEN BERLIN AND HELMSTEDT TO MAKE PERIODIC TRIPS FOR THE PURPOSE OF PERFORMING DUTIES AS TRAIN COMMANDER UNDER THE PROVISIONS OF PARAGRAPH 6550 OF THE JOINT TRAVEL REGULATIONS, AND RETURN. IT APPEARS THAT BERLIN WAS HIS OFFICIAL DUTY STATION DURING THAT PERIOD. HIS ITINERARY SHOWS THAT IN SUCCESSIVE ROUND TRIPS BETWEEN BERLIN AND HELMSTEDT HE WAS ABSENT FROM BERLIN FROM 10:07 P. M., JUNE 17 TO 6:52 A. M., JUNE 18; FROM 6:12 P. M., JUNE 18 TO 8:18 A. M., JUNE 19; FROM 10:07 P. M., JUNE 20 TO 6:52 A. M., JUNE 21; FROM 6:12 P. M., JUNE 21 TO 8:18 A. M., JUNE 22; FROM 10:07 P. M., JUNE 23 TO 6:52 A. M., JUNE 24; AND FROM 6:12 P. M., JUNE 24 TO 8:18 A. M., JUNE 25. YOU EXPRESS DOUBT AS TO THE PROPRIETY OF PAYMENT ON THE VOUCHER IN VIEW OF OUR DECISION OF JULY 14, 1954, B 120392 (34 COMP. GEN. 23), IN WHICH IT WAS HELD THAT A MEMBER WHOSE PRIMARY DUTY WAS THAT OF TRAIN COMMANDER ON TRAINS OPERATING BETWEEN POINTS IN GERMANY AND WHOSE TRAVEL WAS INCIDENTAL TO THAT DUTY AND NOT FOR THE PURPOSE OF MOVING FROM PLACE TO PLACE COULD NOT BE REGARDED AS BEING IN A TRAVEL STATUS FOR PER DIEM PURPOSES UNDER THE GOVERNING REGULATIONS.
THE CONCLUSION REACHED IN THE DECISION OF JULY 14, 1954, HAD AS ITS BASIS THE PROVISIONS OF PARAGRAPH 6451 OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT WHICH PROVIDED THAT EXPENSES INCURRED WHILE PERFORMING TRAVEL WHICH IS BUT AN INCIDENTAL PART OF OTHER ASSIGNED DUTIES ARE NOT PAYABLE BY THE GOVERNMENT. THAT PROVISION, HOWEVER, WAS DELETED UPON THE PUBLICATION OF CHANGE 42 TO THE REGULATIONS DATED JANUARY 1, 1956, AND PARAGRAPH 6550 WAS CHANGED AT THAT TIME TO PROVIDE THAT MEMBERS "WHO PERFORM TRAVEL ABOARD COMMERCIAL CARRIERS (FOR EXAMPLE, MILITARY POLICE, TRAIN GUARDS, RAILWAY CAR COMMANDERS, COAST GUARD MARINE INSPECTORS) WHERE THE TRAVEL INVOLVED IS NOT PERFORMED FOR THE PURPOSE OF MOVING FROM ONE PLACE OF DUTY TO ANOTHER BUT IS MERELY INCIDENTAL TO DUTIES PERFORMED ABOARD WHILE EN ROUTE WILL BE ENTITLED TO THE TRANSPORTATION ALLOWANCES PRESCRIBED IN PARS. 4203 AND 4251 AS APPLICABLE, AND TO PER DIEM ALLOWANCES PRESCRIBED IN THIS PART." FOR OFFICER MEMBERS, SUCH TRAVEL PER DIEM ALLOWANCES FOR AREAS OUTSIDE THE UNITED STATES ARE THOSE PRESCRIBED IN CHAPTER 4, PART 7 OF THE JOINT TRAVEL REGULATIONS. IT IS BELIEVED THAT THE TERM "COMMERCIAL CARRIERS" AS SO USED HAS REFERENCE TO OTHER THAN GOVERNMENT-OWNED CARRIERS AND THAT THE TRAINS ON WHICH LIEUTENANT CAMPUS PERFORMED THE TEMPORARY DUTY IN QUESTION WERE COMMERCIAL CARRIERS WITHIN THE CONTEMPLATION OF THE REGULATION EVEN THOUGH THEY WERE OPERATED BY THE GERMAN RAILWAY SYSTEM PRINCIPALLY AS MILITARY TRAINS FOR MEMBERS OF THE UNIFORMED SERVICES OF THE UNITED STATES. SINCE THE OFFICER'S DUTY WAS THAT OF TRAIN COMMANDER, IT APPEARS PROPER TO CONSIDER HIM AS IN A PER DIEM STATUS UNDER THE PROVISIONS OF PARAGRAPH 6550 WHILE IN THE PERFORMANCE OF THAT DUTY DURING THE PERIOD FROM JUNE 17 TO 25, 1958.
THE PAYMENT PROPOSED COVERS PER DIEM AT THE RATE OF $9 FOR 9 DAYS WITH A 40 PERCENT REDUCTION FOR 6 OF THOSE DAYS, PRESUMABLY UNDER THE PROVISIONS OF PARAGRAPH 4254-1 OF THE JOINT TRAVEL REGULATIONS, SUCH 6 DAYS BEING THOSE ON WHICH THERE WAS SHOWN TO HAVE BEEN A RETURN TO THE DUTY STATION AT BERLIN. THERE APPEARS TO BE NO REQUIREMENT IN THE REGULATIONS FOR A DEDUCTION FOR QUARTERS ON THE OTHER THREE DAYS JUNE 17, 20 AND 23, 1958, ON WHICH IT APPEARS THAT HE WAS IN A TRAVEL STATUS ONLY FROM TIME OF DEPARTURE FROM BERLIN AT 10:07 P. M. THE PROPOSED PAYMENT APPEARS TO BE AUTHORIZED UNDER THE APPLICABLE REGULATIONS AND, ACCORDINGLY, PAYMENT MAY BE MADE ON THE SUBMITTED VOUCHER WHICH IS RETURNED HEREWITH.