B-142387, JUN. 20, 1960

B-142387, JUN. 20, 1960

TO MAJOR J. YORDAN, THROUGH CHIEF OF FINANCE:

REFERENCE IS MADE TO OUR DECISION OF MAY 31, 1960, TO YOU, B-142387, CONCERNING THE EXTENT OF MAJOR LEE A. WHITE'S ENTITLEMENT TO PER DIEM INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD JULY 16 TO AUGUST 27, 1959.

IN THAT DECISION IT WAS STATED THAT ON AUGUST 21 THE OFFICER WAS TRAVELING BY COMMERCIAL VESSEL AND, ON THE BASIS THAT THERE WAS A DELAY OF BUT FOUR HOURS AT BEARD BAY, HE WAS HELD TO BE ENTITLED TO AN ALLOWANCE OF $10 FOR THAT DAY. SINCE IT APPEARS THAT THE DELAY AT THAT POINT ACTUALLY WAS FOR A PERIOD OF 14 HOURS, THE PROPER RATE OF PER DIEM FOR THAT DAY IS $11. FURTHER, IT WAS STATED IN THE DECISION THAT FOR AUGUST 27, THE DAY OF THE OFFICER'S RETURN TO SEATTLE, HE WAS ENTITLED TO A PER DIEM OF $9, LESS A DEDUCTION OF 40 PERCENT FOR QUARTERS. HOWEVER, HE SHOULD BE ALLOWED CREDIT FOR THE APPLICABLE FRACTION OF A DAY (UNDER PARAGRAPH 4205- 2) AT THE $9 RATE FOR THAT DAY UNDER PARAGRAPH 4208 OF THE JOINT TRAVEL REGULATIONS. ALSO, IT WAS STATED THAT PER DIEM WAS ALLOWABLE AT THE $9 RATE FOR THE DAYS OF AUGUST 15, 17 AND 20 SINCE THEY INVOLVED EMBARKATION OR DEBARKATION FROM A COMMERCIAL VESSEL. WHILE EMBARKATION ONLY WAS INVOLVED ON EACH OF THOSE DAYS, THE PHRASE "EMBARKATION OR DEBARKATION" WAS USED FOLLOWING THE TERMINOLOGY OF THE PERTINENT REGULATIONS, AND SHOULD NOT BE READ AS MEANING THAT A DEBARKATION FROM A COMMERCIAL VESSEL IN FACT IS INVOLVED IN THIS CASE.

THE DECISION OF MAY 31, 1960, IS HEREBY CORRECTED AND CLARIFIED AS INDICATED ABOVE.