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B-145676, MAY 17, 1961

B-145676 May 17, 1961
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LANOUE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 12. YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION ASSIGNMENT TO KANSAS CITY MILITARY SUBSISTENCE MARKET CENTER. AT THAT TIME YOU WERE UNDERGOING A COURSE OF INSTRUCTION AT THE QUARTERMASTER SUBSISTENCE SCHOOL. WHICH YOU STATE IN YOUR LETTER WAS IN EXCESS OF 20 WEEKS. YOU WERE DIRECTED TO REPORT TO THE EXECUTIVE DIRECTOR. TRAVEL WAS INVOLVED AND NO PER DIEM AUTHORIZED. WHEN YOU WERE ON AN ADDITIONAL TEMPORARY DUTY ASSIGNMENT AT WASHINGTON. FOR WHICH YOU WERE PAID PER DIEM. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU WERE AT YOUR DESIGNATED POST OF DUTY IN CHICAGO. ARE AS FOLLOWS: "10. A PERMANENT DUTY STATION IS DEFINED AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY.

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B-145676, MAY 17, 1961

TO CAPTAIN CAROL L. LANOUE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1961, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 4, 1961, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE FOR DECEMBER 17, 1958, AND FROM JANUARY 3 THROUGH FEBRUARY 3, 1959, INCIDENT TO DUTY PERFORMED AT HEADQUARTERS, MILITARY SUBSISTENCE SUPPLY AGENCY, CHICAGO, ILLINOIS.

THE RECORD SHOWS THAT BY PARAGRAPH 69, SPECIAL ORDERS NO. 224, ISSUED NOVEMBER 10, 1958, BY HEADQUARTERS, DEPARTMENT OF THE ARMY, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION ASSIGNMENT TO KANSAS CITY MILITARY SUBSISTENCE MARKET CENTER, KANSAS CITY, MISSOURI, EFFECTIVE UPON COMPLETION OF YOUR THEN PRESENT COURSE OF INSTRUCTION. AT THAT TIME YOU WERE UNDERGOING A COURSE OF INSTRUCTION AT THE QUARTERMASTER SUBSISTENCE SCHOOL, CHICAGO, ILLINOIS, WHICH YOU STATE IN YOUR LETTER WAS IN EXCESS OF 20 WEEKS. BY ORDERS NO. 65, DATED NOVEMBER 25, 1958, ISSUED BY THE MILITARY SUBSISTENCE MARKET CENTER, KANSAS CITY, MISSOURI, YOU WERE DIRECTED TO REPORT TO THE EXECUTIVE DIRECTOR, HEADQUARTERS, MILITARY SUBSISTENCE SUPPLY AGENCY, CHICAGO, ILLINOIS, ON OR ABOUT JANUARY 4, 1959 (SUBSEQUENT TO TERMINATION OF YOUR LEAVE STATUS) FOR A SPECIAL PROJECT, PRIOR TO REPORTING ON YOUR PERMANENT CHANGE OF STATION TO KANSAS CITY. TRAVEL WAS INVOLVED AND NO PER DIEM AUTHORIZED.

YOU DEPARTED THE QUARTERMASTER SCHOOL, CHICAGO, ILLINOIS, DECEMBER 17, 1958, IN A LEAVE STATUS AND UPON THE TERMINATION OF YOUR LEAVE, JANUARY 3, 1959, YOU REPORTED AT HEADQUARTERS, MILITARY SUBSISTENCE SUPPLY AGENCY, CHICAGO, ILLINOIS. THEREAFTER YOU REMAINED AT THAT STATION EXCEPT FOR THE PERIOD JANUARY 11 THROUGH 13, 1959, WHEN YOU WERE ON AN ADDITIONAL TEMPORARY DUTY ASSIGNMENT AT WASHINGTON, D.C., FOR WHICH YOU WERE PAID PER DIEM. ON FEBRUARY 3 YOU DEPARTED CHICAGO, ILLINOIS, ARRIVING THE NEXT DAY AT YOUR NEW PERMANENT DUTY STATION IN KANSAS CITY, MISSOURI. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU WERE AT YOUR DESIGNATED POST OF DUTY IN CHICAGO, ILLINOIS, PRIOR TO YOUR DEPARTURE IN A LEAVE STATUS AND THAT YOU RETURNED TO THAT LOCATION UPON TERMINATION OF YOUR LEAVE FOR THE PURPOSE OF TEMPORARY DUTY COMMENCING JANUARY 4, 1959, AND, THEREFORE, A TRAVEL STATUS DID NOT EXIST UNTIL YOU FINALLY DEPARTED CHICAGO, ILLINOIS, IN COMPLIANCE WITH THE PROVISIONS OF SPECIAL ORDERS NO. 224, DATED NOVEMBER 10, 1958.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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 OR TO BE PERFORMED UNDER COMPETENT ORDERS "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' SUPPLEMENTAL REGULATIONS CONTAINED IN SUBPARAGRAPHS 1150-10A AND B, JOINT TRAVEL REGULATIONS, ARE AS FOLLOWS:

"10. PERMANENT STATION

"A. GENERAL. EXCEPT AS DEFINED IN SUBPAR. B, A PERMANENT DUTY STATION IS DEFINED AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.

"B. ASSIGNMENT TO SCHOOLS. WHERE A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION AS A STUDENT TO PURSUE A COURSE OF INSTRUCTION THE DURATION OF WHICH IS 20 WEEKS OR MORE, SUCH SCHOOL OR INSTALLATION IS DEFINED TO BE A PERMANENT DUTY STATION.'

PARAGRAPH 3003-2 OF THOSE REGULATIONS DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION ,OTHER THAN A 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 STATION. PARAGRAPH 3050 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS OF THE ARMED FORCES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 4201-4 OF THE REGULATIONS PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD PRIOR TO DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150 -10 OR FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION OTHER THAN THAT AUTHORIZED FOR THE DAY OF RETURN TO THE PERMANENT DUTY STATION UNDER PARAGRAPH 4205.

IN YOUR LETTER, YOU CONTEND THAT UNDER THE PROVISIONS OF SUBPARAGRAPH 1150-10B, WHERE A MEMBER IS ASSIGNED TO A SCHOOL FOR A COURSE OF INSTRUCTION FOR MORE THAN 20 WEEKS THE SCHOOL ITSELF CONSTITUTES THE PERMANENT STATION, AND THE PROVISIONS OF SUBPARAGRAPH 1150-10A THAT THE LIMITS OF A MEMBER'S STATION WILL BE THE CORPORATE LIMITS OF THE CITY IN WHICH HE IS STATIONED ARE NOT APPLICABLE. ON THAT BASIS YOU CONTEND THAT YOU ARE ENTITLED TO PER DIEM FOR THE TEMPORARY DUTY PERFORMED IN CHICAGO DURING THE PERIOD INVOLVED SINCE IT WAS PERFORMED AWAY FROM THE SCHOOL TO WHICH YOU WERE ASSIGNED. HOWEVER, IT APPEARS THAT THE EXCEPTION REFERRED TO IN THE FIRST PORTION OF PARAGRAPH 1150-10A AND DEFINED IN PARAGRAPH 1150-10B, WAS FOR THE PURPOSE OF PERMITTING ASSIGNMENTS TO SCHOOLS, OTHERWISE CONSIDERED AS TEMPORARY DUTY ASSIGNMENTS UNDER THE DEFINITION CONTAINED IN PARAGRAPH 3003-2A, JOINT TRAVEL REGULATIONS, TO BE CONSIDERED AS PERMANENT DUTY ASSIGNMENTS, IF THE DURATION OF THE ASSIGNMENT IS 20 WEEKS OR MORE. SUCH SCHOOL IS CONSIDERED A POST OF DUTY OR OFFICIAL STATION "TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN ,TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," " WITHIN THE MEANING OF PARAGRAPH 1150 10A AND MEMBERS SO ASSIGNED ARE ENTITLED TO THE ALLOWANCES OTHERWISE AUTHORIZED INCIDENT TO A PERMANENT CHANGE OF STATION. DEFINING AN ASSIGNMENT TO A SCHOOL AS A PERMANENT DUTY STATION, HOWEVER, THERE APPARENTLY WAS NO ADMINISTRATIVE INTENTION THAT THE PROVISIONS OF SUBPARAGRAPH 10A, DEFINING THE LIMITS OF A PERMANENT DUTY STATION, WOULD NOT BE APPLICABLE IN DETERMINING THE LIMITS OF A MEMBER'S STATION WHEN ASSIGNED TO A SCHOOL FOR A COURSE OF INSTRUCTION. THE REGULATIONS HAVE BEEN SO CONSTRUED. SEE B-140962, DATED NOVEMBER 27, 1959.

THE RULE IS WELL ESTABLISHED THAT A TRAVEL STATUS WITH THE RIGHT TO PER DIEM OR OTHER TRAVEL ALLOWANCE DOES NOT ARISE UNTIL THE TRAVELER IS REQUIRED TO DEPART AND ACTUALLY DOES DEPART FROM HIS DUTY STATION. THE RULE UNIFORMLY HAS BEEN APPLIED IN A SITUATION SUCH AS THE ONE HERE INVOLVED, WHERE THERE IS A RELIEF FROM DUTY AT A STATION BY CHANGE OF STATION ORDERS UNDER CIRCUMSTANCES WHERE TEMPORARY DUTY IS ASSIGNED FOR PERFORMANCE PRIOR TO DEPARTURE FROM OLD DUTY STATION. 8 COMP. GEN. 158; B -130840, APRIL 2, 1957. UNDER YOUR ORDERS, YOU WERE NOT REQUIRED TO DEPART FROM YOUR OLD DUTY STATION AT CHICAGO TO PERFORM THE TEMPORARY DUTY IN QUESTION AND THEREFORE YOU WERE NOT IN A TRAVEL STATUS (EXCEPT FOR THE SHORT PERIOD, JANUARY 11-13, 1959) UNTIL YOU DEPARTED CHICAGO FEBRUARY 3, 1959. HENCE, YOU WERE NOT IN A STATUS FOR WHICH PAYMENT OF PER DIEM IS AUTHORIZED UNDER THE LAW AND REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF APRIL 4, 1961, IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST THAT YOUR CLAIM BE RETURNED, YOU ARE ADVISED THAT THE PAPERS RELATING TO THE CLAIM HAVE BECOME A PART OF THE PERMANENT RECORDS OF OUR OFFICE ON WHICH OUR ACTION WAS BASED AND THEREFORE WE MAY NOT COMPLY WITH YOUR REQUEST. OUR FILE DOES NOT CONTAIN A COPY OF THE ORDERS WHICH ASSIGNED YOU TO THE QUARTERMASTER SUBSISTENCE SCHOOL FROM FORT LEE, VIRGINIA.

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