B-107770, SEP 18, 1952

B-107770: Sep 18, 1952

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YOUR CLAIM FOR PER DIEM FOR THE SAID PERIOD WAS DISALLOWED FOR THE REASON THAT THE PAYMENT OF SUCH ALLOWANCE WAS NOT AUTHORIZED. IT IS YOUR CONTENTION. THAT YOUR TEMPORARY DUTY ASSIGNMENT WAS PERFORMED AT PORTSMOUTH. PROVIDED THAT PER DIEM IS NOT PAYABLE FOR TEMPORARY DUTY FOR ANY PERIOD "PRIOR TO THE DAY OF DEPARTURE FROM THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION OR FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION.". MAY HAVE BEEN THE CORPORATE LIMITS OF THE CITY OF NORFOLK. AUTHORITY FOR THE PAYMENT OF PER DIEM UNDER THE APPLICABLE REGULATIONS WAS RESTRICTED. IS CONTIGUOUS TO THE CITY OF NORFOLK AND IS WITHIN THE METROPOLITAN AREA OF THAT CITY.

B-107770, SEP 18, 1952

PRECIS-UNAVAILABLE

RAYMOND E. BASSETT, CHIEF ELECTRICIAN, USN:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 15, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 8, 1952, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM AUGUST 7 TO SEPTEMBER 22, 1951, INCIDENT TO TEMPORARY DUTY PERFORMED BY YOU UNDER BUREAU OF NAVAL PERSONNEL ORDERS DATED JUNE 22, 1951.

YOUR CLAIM FOR PER DIEM FOR THE SAID PERIOD WAS DISALLOWED FOR THE REASON THAT THE PAYMENT OF SUCH ALLOWANCE WAS NOT AUTHORIZED, UNDER THE JOINT TRAVEL REGULATIONS, FOR ANY PERIOD PRIOR TO YOUR DEPARTURE FROM THE METROPOLITAN AREA OF YOUR PERMANENT DUTY STATION. IT IS YOUR CONTENTION, HOWEVER, THAT YOUR TEMPORARY DUTY ASSIGNMENT WAS PERFORMED AT PORTSMOUTH, VIRGINIA, RATHER THAN AT NORFOLK, VIRGINIA, AND THAT PORTSMOUTH SHOULD NOT BE CONSIDERED WITHIN THE METROPOLITAN AREA OF YOUR OLD PERMANENT STATION AT NORFOLK.

PARAGRAPH 4201-4 OF THE ABOVE-MENTIONED REGULATIONS, AS IT EXISTED DURING THE PERIOD OF YOUR CLAIM AND PRIOR TO AUGUST 1, 1952, PROVIDED THAT PER DIEM IS NOT PAYABLE FOR TEMPORARY DUTY FOR ANY PERIOD "PRIOR TO THE DAY OF DEPARTURE FROM THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION OR FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION." WHILE THE LIMITS OF YOUR OLD DUTY STATION, MAY HAVE BEEN THE CORPORATE LIMITS OF THE CITY OF NORFOLK, AUTHORITY FOR THE PAYMENT OF PER DIEM UNDER THE APPLICABLE REGULATIONS WAS RESTRICTED, DURING THE PERIOD OF YOUR CLAIM, TO PERIODS WHILE TRAVELING OR PERFORMING TEMPORARY DUTY BEYOND THE METROPOLITAN AREA RATHER THAN BEYOND SUCH CORPORATE LIMITS.

PORTSMOUTH, VIRGINIA, IS CONTIGUOUS TO THE CITY OF NORFOLK AND IS WITHIN THE METROPOLITAN AREA OF THAT CITY. CONSEQUENTLY, IT MUST BE CONSIDERED THAT YOU WERE NOT IN A STATUS FOR WHICH THE PAYMENT OF PER DIEM WAS AUTHORIZED WHILE YOU WERE IN THE PERFORMANCE OF TEMPORARY DUTY UNDER THE ORDERS OF JUNE 22, 1951. ACCORDINGLY, THE SETTLEMENT OF JANUARY 8, 1952, IS SUSTAINED.

YOUR ORIGINAL ORDERS OF JUNE 22, 1951, WITH ENDORSEMENTS, ARE RETURNED HEREWITH.