B-106548, FEB 9, 1953

B-106548: Feb 9, 1953

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TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT OF THREE VOUCHERS. COVERING PER DIEM AND MONETARY ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE FOR TRAVEL STATED TO HAVE BEEN PERFORMED BY THE PAYEES LISTED THEREIN. THE THIRD VOUCHER IS STATED IN FAVOR OF SECOND LIEUTENANT WILLIAM J. EXPRESSLY PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR TRAVEL OR TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE OFFICER'S PERMANENT STATION. SAN FRANCISCO AND MARE ISLAND ARE SHOWN IN THE RAND MCNALLY COMMERCIAL ATLAS AND MARKETING GUIDE AS BEING PARTS OF THE SAME METROPOLITAN AREA AND FOR THE PURPOSE OF PAYMENT OF PER DIEM UNDER SUCH REGULATIONS. SINCE THE PERMANENT STATION OF BOTH COLONEL JONES AND LIEUTENANT HALLIDAY WAS AT SAN FRANCISCO.

B-106548, FEB 9, 1953

PRECIS-UNAVAILABLE

MAJOR HENRY R. HEATH, USMC:

BY FIRST ENDORSEMENT OF NOVEMBER 9, 1951, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF NOVEMBER 2, 1951, TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT OF THREE VOUCHERS, SUBMITTED THEREWITH, COVERING PER DIEM AND MONETARY ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE FOR TRAVEL STATED TO HAVE BEEN PERFORMED BY THE PAYEES LISTED THEREIN.

THE FIRST VOUCHER COVERS THE CLAIM OF LIEUTENANT COLONEL OLIN W. JONES, JR., USMC, FOR MILEAGE ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE, AND PER DIEM INCIDENT TO TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO MARE ISLAND-VALLEJO AREA, NAVAL BASE SAN FRANCISCO, MARE ISLAND, VALLEJO, CALIFORNIA, AND RETURN, AND TEMPORARY DUTY AT THE LATTER PLACE, DURING THE PERIOD AUGUST 19, TO 24, 1951, PURSUANT TO PARAGRAPH 3, DEPARTMENT SPECIAL ORDER NO. 225-51, UNITED STATES MARINE CORPS, HEADQUARTERS, DEPARTMENT OF THE PACIFIC, SAN FRANCISCO, CALIFORNIA, DATED AUGUST 13, 1951, DIRECTING HIM TO PROCEED FROM THAT STATION TO MARE ISLAND FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT THREE DAYS IN CONNECTION WITH SMALL ARMS TARGET PRACTICE COMMENCING AUGUST 19, 1951. THE SECOND VOUCHER COVERS CLAIM FOR PER DIEM BY FIRST LIEUTENANT SID M. HALLIDAY, USMC, INCIDENT TO TRAVEL AND TEMPORARY ADDITIONAL DUTY FROM SAN FRANCISCO TO MARE ISLAND, AND RETURN, DURING THE PERIOD AUGUST 26 TO 31, 1951, UNDER SIMILAR ORDERS OF AUGUST 23, 1951, ISSUED AT MARINE CORPS DEPOT OF SUPPLIES, SAN FRANCISCO, CALIFORNIA, AND DIRECTING THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT SIX DAYS AT MARE ISLAND IN CONNECTION WITH SMALL ARMS TARGET PRACTICE. THE LATTER ORDERS STATED THAT GOVERNMENT MOTOR TRANSPORTATION WOULD BE FURNISHED. THE THIRD VOUCHER IS STATED IN FAVOR OF SECOND LIEUTENANT WILLIAM J. YOUNG, USMC, FOR MILEAGE ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM MARE ISLAND TO TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, AND RETURN, PURSUANT TO ORDERS OF SEPTEMBER 4, 1951, HEADQUARTERS, MARINE BARRACKS, MARE ISLAND-VALLEJO AREA, UNITED STATES NAVAL BASE, SAN FRANCISCO, MARE ISLAND, VALLEJO, CALIFORNIA, DIRECTING HIM TO PROCEED TO TREASURE ISLAND FOR TEMPORARY ADDITIONAL DUTY OF ABOUT 15 DAYS, TRAVEL BY PRIVATELY OWNED CONVEYANCE BEING AUTHORIZED THEREIN.

UNDER THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, A RIGHT TO PER DIEM CAN ACCRUE TO OFFICERS FOR TRAVEL AWAY FROM THEIR DESIGNATED POSTS OF DUTY ONLY IN THE EVENT THAT PAYMENT THEREOF HAS BEEN ADMINISTRATIVELY PRESCRIBED. WHILE PARAGRAPH 4200 OF THE JOINT TRAVEL REGULATIONS PRESCRIBES PER DIEM FOR TEMPORARY DUTY AND TRAVEL IN CONNECTION THEREWITH, PARAGRAPH 4201-4 AS REVISED BY INSTRUCTION MEMORANDUM 1-1, MARCH 2, 1951, EXPRESSLY PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR TRAVEL OR TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE OFFICER'S PERMANENT STATION. SAN FRANCISCO AND MARE ISLAND ARE SHOWN IN THE RAND MCNALLY COMMERCIAL ATLAS AND MARKETING GUIDE AS BEING PARTS OF THE SAME METROPOLITAN AREA AND FOR THE PURPOSE OF PAYMENT OF PER DIEM UNDER SUCH REGULATIONS, AREAS ON OR IN PROXIMITY TO SAN FRANCISCO BAY, INCLUDING MARE ISLAND, SHOULD BE REGARDED AS PARTS OF THE METROPOLITAN AREA OF SAN FRANCISCO. SEE IN THIS CONNECTION DECISION OF MARCH 5, 1946, B 54861. SINCE THE PERMANENT STATION OF BOTH COLONEL JONES AND LIEUTENANT HALLIDAY WAS AT SAN FRANCISCO, PER DIEM WAS NOT PRESCRIBED FOR THE DUTY DIRECTED IN THEIR ORDERS AT MARE ISLAND. WITH RESPECT TO THE DECISIONS OF THIS OFFICE TO WHICH YOU REFER, 21 COMP. GEN. 697 AND 24 ID. 179, ATTENTION IS INVITED TO THE FACT THAT THE ORDERS INVOLVED IN BOTH THOSE CASES PRESCRIBED PER DIEM. IF ORDERS OF THAT TYPE ARE ISSUED IT IS NECESSARY TO DETERMINE WHETHER OR NOT THE PERSON CONCERNED IS IN A TRAVEL STATUS SINCE PER DIEM IS PAYABLE ONLY FOR TRAVEL AWAY FROM THE DESIGNATED POST OF DUTY. HOWEVER, THAT QUESTION DOES NOT ARISE WHERE PER DIEM IS NOT PRESCRIBED IN ORDERS OR APPROPRIATE REGULATIONS, SINCE A RIGHT TO PER DIEM CANNOT ACCRUE UNLESS PAYMENT THEREOF IS ADMINISTRATIVELY PRESCRIBED. STATED ABOVE, PARAGRAPH 4201-4 OF THE JOINT TRAVEL REGULATIONS IN EFFECT DURING THE PERIOD HERE INVOLVED, EXPRESSLY BARRED PAYMENT OF PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE OFFICER'S PERMANENT STATION.

THE TRAVEL AND TRANSPORATION ALLOWANCES PAYABLE TO MILITARY PERSONNEL ON ACTIVE DUTY UNDER THE PROVISIONS OF SECTION 303(A) OF SAID CAREER COMPENSATION ACT, INCLUDING THE MONETARY ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE COVERED BY PARAGRAPH 4303-A OF THE JOINT TRAVEL REGULATIONS (RENUMBERED 4203-3A, PER INSTRUCTION MEMORANDUM 1-4, AUGUST 1, 1951) FOR TRAVEL AT PERSONAL EXPENSE, ARE PAYABLE TO MILITARY PERSONNEL FOR TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY." THE DECISIONS OF THIS OFFICE HAVE VIEWED A DESIGNATED POST OF DUTY AS INCLUDING NOT ONLY THE CORPORATE LIMITS OF THE CITY IN WHICH THE OFFICER CONCERNED IS STATIONED, BUT ALSO AREAS IN THE VICINITY THEREOF WHICH ARE PART OF THE SAME METROPOLITAN AREA. SEE B-80175, MARCH 25, 1949, INVOLVING PHILADELPHIA AND MARCUS HOOK, PENNSYLVANIA, B-79796, OCTOBER 29, 1948, INVOLVING FORT MACARTHUR AND GLENDALE, CALIFORNIA; AND B-54861, MARCH 5, 1946, CONCERNING AREAS IN THE SAN FRANCISCO BAY REGION INCLUDING SAN FRANCISCO AND MARE ISLAND. SINCE MARE ISLAND, TREASURE ISLAND, AND SAN FRANCISCO APPEAR TO BE PARTS OF THE SAME METROPOLITAN AREA, NEITHER LIEUTENANT YOUNG NOR COLONEL JONES ARE ENTITLED TO A MILEAGE ALLOWANCE FOR THE TRAVEL PERFORMED BY THEM IN THAT AREA UNDER THE CIRCUMSTANCES SHOWN ON THE FOREGOING VOUCHERS. ALSO, SEE PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT EXPENSES INCURRED AT A DUTY STATION INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHERS, WHICH ARE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED. THE ORIGINAL ORDERS ATTACHED TO SUCH VOUCHERS ARE RETURNED HEREWITH.