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B-120680, B-122508 (B), SEP 26, 1956

B-120680,B-122508 (B) Sep 26, 1956
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PRECIS-UNAVAILABLE SECRETARY OF DEFENSE: REFERENCE IS MADE TO OUR LETTER TO YOU OF JANUARY 5. THERE WERE FORWARDED PROPOSED AMENDMENTS TO PARAGRAPHS 4156. IF SUCH REGULATIONS WERE DULY PROMULGATED. THE PROPOSED REGULATIONS ARE AS FOLLOWS: "PAR. 4156. IS NOT ENTITLED TO PERMANENT CHANGE OF STATION TRAVEL ALLOWANCES FROM HIS OLD PERMANENT STATION. THE MEMBER WILL BE ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES FOR SUBSEQUENT TRAVEL FROM THE OLD TO THE NEW STATION. THE MEMBER WILL BE ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES FROM HIS OLD TO HIS NEW PERMANENT STATION. OR (3) UPON COMPLETION OF TEMPORARY DUTY WILL NOT BE ENTITLED TO PER DIEM AT THAT STATION BEGINNING ON THE DATE OF RECEIPT OF SUCH PERMANENT CHANGE OF STATION ORDERS.

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B-120680, B-122508 (B), SEP 26, 1956

PRECIS-UNAVAILABLE

SECRETARY OF DEFENSE:

REFERENCE IS MADE TO OUR LETTER TO YOU OF JANUARY 5, 1956, B-120680, B- 122508, CONCERNING THE EFFECTIVE DATE OF ORDERS RECEIVED AT A MEMBER'S TEMPORARY DUTY STATION WHICH DESIGNATE THAT PLACE AS HIS NEW PERMANENT STATION AT A FUTURE DATE, AND ADVISING YOU THAT THE AMENDMENT TO PARAGRAPH 4209, JOINT TRAVEL REGULATIONS, ACCOMPLISHED BY CHANGE 38, EFFECTIVE SEPTEMBER 1, 1955, DID NOT APPEAR FULLY TO CLARIFY A MEMBER'S RIGHT IN SUCH CIRCUMSTANCES.

IN CONJUNCTION WITH A LETTER DATED AUGUST 14, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES) RESPECTING THE MATTER, THERE WERE FORWARDED PROPOSED AMENDMENTS TO PARAGRAPHS 4156, CASE 3 AND 4209 OF THE JOINT TRAVEL REGULATIONS AND A PROPOSED NEW CASE 12 TO PARAGRAPH 4156, WHICH DEAL WITH THIS PROBLEM, AND HE HAS ASKED WHETHER THERE WOULD BE ANY OBJECTION TO OTHERWISE PROPER PAYMENTS TO TRAVEL ALLOWANCES MADE AS THERE INDICATED, IF SUCH REGULATIONS WERE DULY PROMULGATED.

THE PROPOSED REGULATIONS ARE AS FOLLOWS:

"PAR. 4156, CASE 3, REVISED

CASE 3. TEMPORARY DUTY STATION MADE PERMANENT STATION. A MEMBER ON TEMPORARY DUTY WHO RECEIVES ORDERS AT HIS TEMPORARY DUTY STATION, OR WHILE ON LEAVE FROM HIS TEMPORARY DUTY STATION AND REQUIRED TO RETURN THERETO ON EXPIRATION OF LEAVE, DIRECTING A PERMANENT CHANGE OF STATION TO THE TEMPORARY DUTY STATION EFFECTIVE (1) IMMEDIATELY, (2) DURING THE PERIOD OF THE TEMPORARY DUTY, OR (3) UPON COMPLETION OF THE TEMPORARY DUTY, IS NOT ENTITLED TO PERMANENT CHANGE OF STATION TRAVEL ALLOWANCES FROM HIS OLD PERMANENT STATION. IF THE PERMANENT CHANGE OF STATION ORDERS AFFIRMATIVELY DIRECT HIM TO COMPLETE HIS TEMPORARY DUTY AND RETURN TO HIS OLD PERMANENT DUTY STATION ON OFFICIAL BUSINESS BEFORE COMPLYING WITH THE ORDER, THE MEMBER WILL BE ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES FOR SUBSEQUENT TRAVEL FROM THE OLD TO THE NEW STATION.

"PAR. 4156, REVISED, NEW CASE 12 ADDED

CASE 12. STATION CHANGED WHILE ON TEMPORARY DUTY. A MEMBER WHO RECEIVES ORDERS AT HIS TEMPORARY DUTY STATION OR WHILE ON LEAVE FROM A TEMPORARY DUTY STATION, AND REQUIRED TO RETURN THERETO UPON EXPIRATION OF LEAVE, DIRECTING A PERMANENT CHANGE OF STATION TO A PLACE OTHER THAN THE TEMPORARY DUTY STATION EFFECTIVE (1) IMMEDIATELY, (2) DURING THE PERIOD OF THE TEMPORARY DUTY, OR (3) UPON COMPLETION OF THE TEMPORARY DUTY, SHALL BE ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES FROM THE PLACE OF RECEIPT OF ORDERS TO HIS NEW PERMANENT STATION NOT TO EXCEED THAT PAYABLE FROM THE TEMPORARY DUTY STATION TO HIS NEW PERMANENT STATION. IF THE PERMANENT CHANGE OF STATION ORDERS SPECIFICALLY DIRECTS THE MEMBER TO COMPLETE HIS TEMPORARY DUTY AND RETURN TO HIS OLD PERMANENT STATION ON OFFICIAL BUSINESS BEFORE COMPLYING WITH THE PERMANENT CHANGE OF STATION ORDER, THE MEMBER WILL BE ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES FROM HIS OLD TO HIS NEW PERMANENT STATION.

"PAR. 4209, REVISED

4209 TEMPORARY DUTY STATION CHANGED TO PERMANENT STATION

"A MEMBER WHO RECEIVES PERMANENT CHANGE OF STATION ORDERS AT A TEMPORARY DUTY STATION (OR WHILE ON LEAVE FROM SUCH TEMPORARY DUTY STATION AND REQUIRED TO RETURN THERETO ON EXPIRATION OF LEAVE) WHICH DESIGNATE HIS TEMPORARY DUTY STATION AS HIS NEW PERMANENT STATION EFFECTIVE (1) IMMEDIATELY, (2) DURING THE CONTINUATION OF THE TEMPORARY DUTY PERIOD, OR (3) UPON COMPLETION OF TEMPORARY DUTY WILL NOT BE ENTITLED TO PER DIEM AT THAT STATION BEGINNING ON THE DATE OF RECEIPT OF SUCH PERMANENT CHANGE OF STATION ORDERS, NOR TO ALLOWANCES FOR TRAVEL TO THE OLD PERMANENT STATION UNLESS THE PERMANENT CHANGE OF STATION ORDERS SPECIFICALLY DIRECTS HIS RETURN THERETO ON OFFICIAL BUSINESS. THE MERE RECEIPT OF INFORMATIONAL COPIES OF ORDERS INDICATING THAT THE MEMBER WILL BE TRANSFERRED TO THE TEMPORARY DUTY STATION ON A SPECIFIED FUTURE DATE WHICH DOES NOT FALL WITHIN, NOR IMMEDIATELY FOLLOWING THE PERIOD OF TEMPORARY DUTY WILL NOT PRECLUDE THE PAYMENT OF OTHERWISE PROPER TEMPORARY DUTY ALLOWANCES FOR THE TEMPORARY DUTY INVOLVED AND RETURN TRAVEL TO HIS OLD PERMANENT STATION."

YOU ARE ADVISED THAT THE PROPOSED REGULATIONS WOULD APPEAR TO BE GENERALLY IN CONSONANCE WITH THE LAW AND THAT WE PRESENTLY PERCEIVE NO OBJECTION TO THEIR PROMULGATION. THEIR APPLICATION TO SPECIFIC SITUATIONS WILL BE SUBJECT TO CONSIDERATION HERE, OF COURSE, AS OCCASION MAY REQUIRE.

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