B-152690, OCT. 11, 1966
Highlights
TO THE SECRETARY OF THE NAVY: FURTHER REFERENCE IS MADE TO LETTER OF AUGUST 17. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 66-32 BY THE PER DIEM. WE HELD THAT TEMPORARY DUTY IN CONNECTION WITH THE FITTING -OUT OF A VESSEL WAS NOT INDETERMINATE TEMPORARY DUTY UNDER THE PROVISIONS OF PARAGRAPH M7007-1 OF THE JOINT TRAVEL REGULATIONS AND. THAT THERE WAS NO ENTITLEMENT FOR MEMBERS TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO AND FROM THE FITTING-OUT LOCATION. WE HELD THAT WE WOULD NOT OBJECT TO OTHERWISE PROPER PAYMENTS FOR TRANSPORTATION OF DEPENDENTS TO AND FROM THE FITTING-OUT LOCATION PROVIDED SUCH PAYMENTS WERE MADE PRIOR TO FEBRUARY 1. YEOMAN FIRST CLASS KENNETH THOMAS WITHERSPOON WAS DIRECTED TO PROCEED FROM HIS OLD PERMANENT STATION.
B-152690, OCT. 11, 1966
TO THE SECRETARY OF THE NAVY:
FURTHER REFERENCE IS MADE TO LETTER OF AUGUST 17, 1966, WITH ENCLOSURES, FROM THE ACTING SECRETARY OF THE NAVY REQUESTING A DECISION WHETHER YEOMAN FIRST CLASS KENNETH THOMAS WITHERSPOON, 438 85 17, USN, MAY BE REIMBURSED FOR TRAVEL OF HIS DEPENDENTS FROM SEATTLE, WASHINGTON, TO NORFOLK, VIRGINIA, INCIDENT TO ORDERS DIRECTING TEMPORARY DUTY AT SEATTLE IN CONNECTION WITH FITTING OUT OF THE U.S.S. RICHARD E. BYRD (DDG-23) AND DUTY ON BOARD WHEN COMMISSIONED. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 66-32 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.
THE ASSISTANT SECRETARY SAYS THAT IN DECISION OF DECEMBER 4, 1963, 43 COMP. GEN. 474, WE HELD THAT TEMPORARY DUTY IN CONNECTION WITH THE FITTING -OUT OF A VESSEL WAS NOT INDETERMINATE TEMPORARY DUTY UNDER THE PROVISIONS OF PARAGRAPH M7007-1 OF THE JOINT TRAVEL REGULATIONS AND, ACCORDINGLY, THAT THERE WAS NO ENTITLEMENT FOR MEMBERS TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO AND FROM THE FITTING-OUT LOCATION. AS A BASIS FOR THIS REQUEST THE UNDER SECRETARY SAYS THAT IN DECISION OF APRIL 22, 1964, B-152690, WE HELD THAT WE WOULD NOT OBJECT TO OTHERWISE PROPER PAYMENTS FOR TRANSPORTATION OF DEPENDENTS TO AND FROM THE FITTING-OUT LOCATION PROVIDED SUCH PAYMENTS WERE MADE PRIOR TO FEBRUARY 1, 1964, AND HE SUGGESTS THAT, IN THE CIRCUMSTANCES, MR. WITHERSPOON SHOULD BE ALLOWED THE SAME TRAVEL BENEFITS.
BY ORDERS DATED SEPTEMBER 28, 1963, YEOMAN FIRST CLASS KENNETH THOMAS WITHERSPOON WAS DIRECTED TO PROCEED FROM HIS OLD PERMANENT STATION, THE U.S.S. SIERRA (AD-18), WITH HOME PORT AT NORFOLK, VIRGINIA, AND REPORT TO HEADQUARTERS, 13TH NAVAL DISTRICT AT SEATTLE, WASHINGTON, FOR TEMPORARY DUTY IN CONNECTION WITH FITTING-OUT THE U.S.S. RICHARD E. BYRD (DDG-23) AND DUTY ON BOARD WHEN COMMISSIONED. ON THE BASIS OF THOSE ORDERS MR. WITHERSPOON TRANSPORTED HIS FAMILY FROM NORFOLK TO SEATTLE AND REPORTED TO THE PRE-COMMISSIONING DETAIL ON OCTOBER 4, 1963, AND WAS REIMBURSED FOR THEIR TRAVEL. ON FEBRUARY 7, 1964, THE BYRD'S HOME PORT WAS ANNOUNCED AS NORFOLK, VIRGINIA, EFFECTIVE ON COMMISSIONING. THE SHIP WAS COMMISSIONED ON MAY 7, 1964, AND IN MID-MAY MR. WITHERSPOON MOVED HIS DEPENDENTS BACK TO NORFOLK. IN VIEW OF THE DECISIONS OF DECEMBER 4, 1963, AND APRIL 22, 1964, HE WAS NOT REIMBURSED FOR THEIR TRAVEL.
WHEN THE CUT-OFF DATE OF FEBRUARY 1, 1964, WAS ESTABLISHED, IT WAS OUR UNDERSTANDING THAT SUCH DATE WOULD COVER ALL CASES OF THE TYPE TO WHICH THE EARLIER DECISION APPLIED. SINCE IT APPEARS THAT THE WITHERSPOON CASE, WHICH IS OF THE TYPE INTENDED TO BE COVERED BY THE DECISION, WAS OVERLOOKED WHEN THE CUT-OFF DATE WAS ESTABLISHED, PAYMENT MAY BE MADE TO THAT MEMBER FOR THE RETURN TRAVEL OF HIS DEPENDENTS BETWEEN THE POINTS INVOLVED.
THE ORIGINAL OF THE PERMANENT CHANGE OF STATION ORDERS OF SEPTEMBER 28, 1963, IS RETURNED AS REQUESTED.