B-148049, JANUARY 21, 1964, 43 COMP. GEN. 521

B-148049, JANUARY 21, 1964, 43 COMP. GEN. 521

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TEMPORARY DUTY - SIMULTANEOUS WITH ACTIVE DUTY MEMBERS OF THE AIR NATIONAL GUARD ORDERED TO ACTIVE DUTY FOR SHORT PERIODS OF TIME AND PLACED ON TEMPORARY DUTY FOR IDENTICAL PERIODS WHO ON THE MAJORITY OF THE TOTAL NUMBER OF DAYS INVOLVED IN THE ACTIVE DUTY ASSIGNMENTS TRAVELED TO AND FROM THE PLACES TO WHICH THEY FLEW WHILE PARTICIPATING IN OVERWATER NAVIGATIONAL FLIGHTS MAY BE PAID PER DIEM FOR THE PERIOD OF TRAVEL, PURSUANT TO PARAGRAPH 6001 OF THE JOINT TRAVEL REGULATIONS, AUTHORIZING TRAVEL AND TRANSPORTATION ALLOWANCES FOR RESERVISTS ORDERED TO ACTIVE DUTY TRAINING, EVEN THOUGH UNDER THE IMPLEMENTING AIR NATIONAL GUARD REGULATION, THE MEMBERS ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY, THE REGULATIONS IN ACCORD WITH PARAGRAPH 6001, PRESCRIBING THAT NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION PROVIDING THAT THE TEMPORARY STATION IS THE TRAINING STATION WHEN NO DUTY IS PERFORMED AT THE TRAINING STATION.

TO CAPTAIN J. G. FLYNN, DEPARTMENT OF THE AIR FORCE, JANUARY 21, 1964:

BY SECOND INDORSEMENT DATED DECEMBER 16, 1963, THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 5, 1963, 327AAF, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON FOUR VOUCHERS TRANSMITTED THEREWITH COVERING PER DIEM FOR TRAVEL AND TEMPORARY DUTY OF CERTAIN MEMBERS OF THE WISCONSIN AIR NATIONAL GUARD. THE REQUEST WAS ASSIGNED CONTROL NO. 27-63 BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PARAGRAPH 1, SPECIAL ORDERS B-64-WISC, DATED MAY 1, 1963, CERTAIN AIR NATIONAL GUARD MEMBERS WERE ORDERED TO ACTIVE DUTY ON OR ABOUT MAY 2, 1963, FOR 5 DAYS AND ASSIGNED TO THE NATIONAL GUARD BUREAU, WASHINGTON, D.C., WITH DUTY STATION AT GENERAL MITCHELL FIELD, MILWAUKEE, WISCONSIN. PARAGRAPH 2 OF THE ORDERS DIRECTED THEM TO PROCEED ON OR ABOUT MAY 2, 1963, FROM MILWAUKEE, WISCONSIN, TO CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, AND SAN JUAN INTERNATIONAL AIRPORT, SAN JUAN, PUERTO RICO, ON TEMPORARY DUTY FOR APPROXIMATELY 5 DAYS FOR THE PURPOSE OF PARTICIPATING IN OVERWATER NAVIGATIONAL TRAINING FLIGHT. BUREAU VOUCHER 63-109 COVERS TRAVEL OF SIX MEMBERS AND BUREAU VOUCHER 63-108 COVERS TRAVEL OF ONE MEMBER INCIDENT TO THOSE ORDERS. IN EACH CASE THE MEMBERS (OR MEMBER) ARRIVED AT SAN JUAN VIA CHARLESTON ON MAY 3, 1963, AND RETURNED TO GENERAL MITCHELL FIELD ON MAY 5, 1963. TRAVEL WAS BY GOVERNMENT PLANE.

BY PARAGRAPH 1, SPECIAL ORDERS B-65-WISC, DATED MAY 2, 1963, CONFIRMING VERBAL ORDERS OF APRIL 16, 1963, CERTAIN AIR NATIONAL GUARD MEMBERS WERE ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 16, 1963, FOR 5 DAYS AND ASSIGNED TO NATIONAL GUARD BUREAU, WASHINGTON, D.C. APPARENTLY, THE ORIGINAL STATION WAS GENERAL MITCHELL FIELD, MILWAUKEE, WISCONSIN. BY PARAGRAPH 2 OF THOSE ORDERS THEY WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 16, 1963, FROM MILWAUKEE, WISCONSIN, TO GANDER AIR FORCE BASE, NEWFOUNDLAND, ON TEMPORARY DUTY FOR APPROXIMATELY 5 DAYS FOR THE PURPOSE OF PARTICIPATING IN OVERWATER NAVIGATIONAL TRAINING FLIGHT AND REPAIR AN ENGINE ON AN AIRCRAFT. BUREAU VOUCHER 63-101 COVERING TRAVEL OF THREE MEMBERS INCIDENT TO THOSE ORDERS SHOWS THAT THEY TRAVELED FROM GENERAL MITCHELL FIELD TO GANDER FIELD VIA ANDREWS AIR FORCE BASE AND ERNEST HARMON AIR FORCE BASE; THAT THEY ARRIVED AT GANDER FIELD ON APRIL 17 AND DEPARTED ON APRIL 20, 1963. TRAVEL WAS BY GOVERNMENT PLANE.

BY PARAGRAPH 1, SPECIAL ORDERS B-56-WISC, DATED APRIL 19, 1963, CERTAIN MEMBERS OF THE AIR NATIONAL GUARD WERE ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 19, 1963, FOR 3 DAYS AND ASSIGNED TO NATIONAL GUARD BUREAU, WASHINGTON, D.C., WITH DUTY STATION AT GENERAL MITCHELLFIELD, MILWAUKEE, WISCONSIN. BY PARAGRAPH 2 OF THOSE ORDERS THEY WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 19, 1963, FROM MILWAUKEE, WISCONSIN, TO GANDER AIR FORCE BASE, NEWFOUNDLAND, FOR APPROXIMATELY 3 DAYS FOR THE PURPOSE OF PARTICIPATING IN OVERWATER NAVIGATIONAL TRAINING FLIGHT AND TO REPAIR AN ENGINE ON AN AIRCRAFT. BUREAU VOUCHER 63-98 COVERS TRAVEL OF THREE MEMBERS FROM GENERAL MITCHELL FIELD TO GANDER FIELD AND RETURN VIA ERNEST HARMON AIR FORCE BASE. THEY WERE AT GANDER FIELD ON APRIL 19 AND 20, 1963, TRAVEL WAS BY GOVERNMENT PLANE.

YOU POINT OUT THAT, UNDER THE VARIOUS ORDERS MENTIONED ABOVE, THE MEMBERS WERE CALLED TO ACTIVE DUTY FOR A GIVEN PERIOD OF TIME AND PLACED ON TEMPORARY DUTY FOR AN IDENTICAL PERIOD OF TIME, AND THAT THEY PERFORMED TEMPORARY DUTY AT A GIVEN POINT IN EXCESS OF 50 PERCENT OF THEIR TOTAL TIME. YOU QUESTION WHETHER THOSE MEMBERS WERE IN A TEMPORARY DUTY OR PERMANENT CHANGE OF STATION STATUS. IF THEY ARE CONSIDERED TO HAVE BEEN IN A PERMANENT CHANGE OF STATION STATUS YOU QUESTION WHETHER PER DIEM IS PAYABLE FOR THE PERIOD OF TRAVEL TO AND FROM THE PLACES TO WHICH THE MEMBERS FLEW WHILE PARTICIPATING IN OVERWATER NAVIGATIONAL TRAINING FLIGHTS. THE PER DIEM TRAVEL AND TRANSPORTATION COMMITTEE IN FORWARDING YOUR SUBMISSION HERE POINTED OUT THAT, ON THE MAJORITY OF THE TOTAL NUMBER OF DAYS INVOLVED IN THE ACTIVE DUTY ASSIGNMENT, THE MEMBERS WERE ACTUALLY PERFORMING TRAVEL BETWEEN THE PLACES CONCERNED. THE VOUCHERS WERE PREPARED AS FOR NORMAL TEMPORARY DUTY AND IT IS SAID THAT THE MEMBERS WERE NOT IN A MILEAGE STATUS.

THE PERTINENT STATUTE, 37 U.S.C. 404 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY," REGARDLESS OF THE LENGTH OF TIME INVOLVED. SECTION 411 (C), OF TITLE 37, U.S. CODE, AUTHORIZES THE SECRETARIES CONCERNED TO DETERMINE WHAT SHALL CONSTITUTE A "TRAVEL STATUS.' PARAGRAPH 6001 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF RESERVE COMPONENTS CALLED OR ORDERED TO ACTIVE DUTY FOR TRAINING WITH PAY. HOWEVER, THAT PARAGRAPH SPECIFICALLY PROVIDES THAT "NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION.'

PARAGRAPH 1, AIR NATIONAL GUARD REGULATION 177-04, DATED JULY 27, 1962, PROVIDES THAT AIR NATIONAL GUARD MEMBERS WHO ARE DIRECTED TO PERFORM TRAVEL AWAY FROM THEIR DESIGNATED TRAINING DUTY STATION (PERMANENT DUTY STATION) DURING PERIODS OF ACTIVE DUTY FOR TRAINING MAY BE ENTITLED TO THE TRAVEL AND TRANSPORTATION ALLOWANCES PRESCRIBED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3 OF THE SAME REGULATION PROVIDES THAT AIR NATIONAL GUARD MEMBERS WILL NOT BE CALLED TO ACTIVE DUTY FOR TRAINING AND CONCURRENTLY PLACED ON TEMPORARY DUTY SOLELY FOR THE PURPOSE OF ENTITLING THEM TO TRAVEL AND TRANSPORTATION ALLOWANCES; THAT THE MEMBERS MUST BE ORDERED TO ACTIVE DUTY FOR TRAINING FOR A SPECIFIC PURPOSE AT A DEFINITE TRAINING DUTY STATION; AND THAT THE TRAINING DUTY STATION THEN BECOMES THE MEMBER'S PERMANENT DUTY STATION SO FAR AS THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ARE CONCERNED. IT FURTHER PROVIDES THAT AFTER REPORTING FOR DUTY THE MEMBERS MAY BE DIRECTED TO PERFORM TEMPORARY DUTY TRAVEL AWAY FROM THEIR DESIGNATED TRAINING DUTY STATION IF REQUIRED TO ACCOMPLISH THEIR ASSIGNED MISSION, PROVIDING THE PERIOD OF TEMPORARY DUTY AT ANY ONE LOCATION DOES NOT EQUAL OR EXCEED 50 PERCENT OF THEIR DUTY. COMP. GEN. 726.

IN THE CASES HERE INVOLVED THE MEMBERS WERE ORDERED TO A TRAINING STATION FOR A SPECIFIED PERIOD OF TIME AND FURTHER DIRECTED TO PERFORM TRAVEL AND TEMPORARY DUTY AWAY FROM THAT STATION FOR THE SAME TIME PERIOD. CLEARLY SUCH ORDERS DID NOT REQUIRE OR CONTEMPLATE THE PERFORMANCE OF ANY TRAINING DUTY AT THE "TRAINING STATION" TO WHICH ORDERED. IN THOSE CIRCUMSTANCES THE TEMPORARY STATION MUST BE REGARDED UNDER NATIONAL GUARD REGULATIONS AS THE TRAINING DUTY STATION WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS AT WHICH NO PER DIEM IS PAYABLE. HOWEVER, SINCE TRAVEL ALLOWANCES ARE AUTHORIZED FOR TRAVEL TO AND FROM A TRAINING DUTY STATION, PER DIEM IS AUTHORIZED FOR SUCH TRAVEL EVEN THOUGH THE MEMBERS MAY HAVE BEEN ENGAGED IN OVERWATER NAVIGATIONAL TRAINING WHILE PERFORMING THE TRAVEL.

THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED TO THE EXTENT INDICATED ABOVE, IF OTHERWISE CORRECT.