B-129119, SEP. 14, 1956

B-129119, SEP. 14, 1956

TO LEO L. MIMNO, LIEUTENANT (JG), USCGR:

REFERENCE IS MADE TO YOUR COMMUNICATION OF AUGUST 24, 1956, FORWARDED HERE BY HONORABLE THOMAS J. LANE, HOUSE OF REPRESENTATIVES, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 21, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM NOVEMBER 17, 1955, TO JANUARY 21, 1956, WHILE YOU WERE ON ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE U.S. COAST GUARD RESERVE.

UNDER ORDERS OF THE COMMANDER, TWELFTH COAST GUARD DISTRICT, SAN FRANCISCO, CALIFORNIA, DATED NOVEMBER 17, 1955, YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA,"FOR ASSIGNMENT TO TEMPORARY ADDITIONAL DUTY NOT TO EXCEED SIXTY (60) DAYS' DURATION FOR SAFEKEEPING WHILE AWAITING TRIAL BY GENERAL COURT-MARTIAL.' THE NECESSARY TRAVEL INVOLVED, DIRECTED FOR PERFORMANCE VIA GOVERNMENT CONVEYANCE, WAS STATED TO BE REQUIRED BY THE PUBLIC INTERESTS.

IT APPEARS THAT THOSE ORDERS WERE DELIVERED TO YOU AT YOUR PERMANENT STATION, THE COAST GUARD AIR STATION AT SOUTH SAN FRANCISCO (NOT WITHIN THE CORPORATE LIMITS OF SAN FRANCISCO) ON NOVEMBER 17. YOU LEFT THAT STATION AND REPORTED TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, WERE ASSIGNED ADDITIONAL DUTY WITH THE COMMANDING OFFICER, U.S. NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, AND REPORTED AT THAT STATION, ALL ON NOVEMBER 17. SIXTH ENDORSEMENT OF THE COMMANDANT, TWELFTH NAVAL DISTRICT, DATED JANUARY 21, 1956, STATED THAT YOUR TEMPORARY ADDITIONAL DUTY WAS COMPLETED THAT DAY AND THE COMMANDING OFFICER, U.S. NAVAL STATION AT TREASURE ISLAND, WAS DIRECTED TO RELEASE YOU TO THE CUSTODY OF A DESIGNATED COAST GUARD OFFICER WHO HAD BEEN DETAILED AS SENIOR GUARD FOR YOUR TRANSPORTATION TO THE U.S. NAVAL RETRAINING COMMAND, PORTSMOUTH, NEW HAMPSHIRE, AS A PLACE OF TEMPORARY CUSTODY. IT WAS STATED THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND WERE ASSIGNED WHILE YOUR WERE AT TREASURE ISLAND.

TRAVEL ALLOWANCES SUCH AS THE PER DIEM ALLOWANCE CLAIMED BY YOU ARE AUTHORIZED FOR PAYMENT TO MILITARY PERSONNEL BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND BY PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTORY AUTHORITY, ONLY FOR PERIODS WHILE IN A TRAVEL STATUS PERFORMING TRAVEL OR TEMPORARY DUTY AWAY FROM THEIR PERMANENT DUTY STATION UPON PUBLIC BUSINESS. PARAGRAPH 3003 OF THE JOINT TRAVEL REGULATIONS DEFINES THE TERM "TEMPORARY DUTY" (OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM) FOR PER DIEM PURPOSES TO MEAN "DUTY AT A LOCATION OTHER THAN PERMANENT STATION TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION.' PARAGRAPH 1150-10 OF THE REGULATIONS DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED. IT IS CONTEMPLATED UNDER SUCH PROVISIONS THAT ENTITLEMENT TO PER DIEM OR OTHER TRAVEL ALLOWANCE WILL NOT ARISE IN THE ABSENCE OF THE REQUIRED ELEMENTS OF PERFORMING EITHER TRAVEL OR TEMPORARY DUTY ON OFFICIAL BUSINESS AWAY FROM A DESIGNATED PERMANENT DUTY STATION.

THE ORDERS OF NOVEMBER 17, 1955, DIRECTED YOU TO PROCEED TO SAN FRANCISCO AND THERE REPORT FOR ASSIGNMENT TO TEMPORARY ADDITIONAL DUTY WHILE AWAITING TRIAL. SUCH ORDERS DID NOT PROVIDE FOR RETURN TO THE OLD PERMANENT STATION AS PROVIDED IN THE CITED REGULATIONS, AND NOTHING IN THE RECORD INDICATES AN ADMINISTRATIVE INTENTION THAT YOU SHOULD BE CONSIDERED AS REMAINING ATTACHED TO AND STATIONED AT THE COAST GUARD AIR STATION AT SOUTH SAN FRANCISCO OR THAT IT WAS CONTEMPLATED THAT YOU WOULD RETURN THERE AT THE CONCLUSION OF THE TEMPORARY ADDITIONAL DUTY TO BE ASSIGNED. IT APPEARS, THEREFORE, THAT YOUR ONLY DUTY STATION DURING THE PERIOD COVERED BY YOUR CLAIM WAS AT SAN FRANCISCO, YOUR "TEMPORARY DUTY" ALSO BEING WITHIN SAN FRANCISCO. UNDER THE CIRCUMSTANCES SHOWN, IT MUST BE CONSIDERED THAT YOUR STATUS DURING THE PERIOD COVERED BY YOUR CLAIM WAS NOT THAT OF A PERSON PERFORMING TRAVEL OR TEMPORARY DUTY ON OFFICIAL BUSINESS AWAY FROM A PERMANENT DUTY STATION WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF JUNE 21, 1956, IS SUSTAINED.

YOUR ORIGINAL ORDERS OF NOVEMBER 17, 1955, WITH ENDORSEMENTS, FORWARDED HERE BY MR. LANE, ARE ENCLOSED.