B-108140, FEB. 23, 1966

B-108140: Feb 23, 1966

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USN: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 18. WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $327.50 WHICH WAS CHECKED IN YOUR PAY RECORD ON ACCOUNT OF PER DIEM PAID YOU FOR THE PERIOD JANUARY 13 TO JULY 7. YOU WERE DIRECTED. YOU WERE DIRECTED FURTHER TO PERFORM SUCH TRAVEL AS DIRECTED BY THE COMMANDING OFFICER. YOU WERE TO PROCEED TO THE DESIGNATED PORT WHERE THE COMMANDING OFFICER. WAS THEN LOCATED AND REPORT FOR DUTY AS COMMANDING OFFICER OF THAT WING. WHICH YOU SAY WAS "HOMEPORTED" AT NAVAL AIR STATION. THE ORDERS PROVIDED THAT YOU WERE TO REGARD YOURSELF AS DETACHED AND WERE TO CARRY OUT THE REMAINDER OF YOUR BASIC ORDERS. THAT IS. UPON COMPLETION OF SUCH TEMPORARY DUTY YOU WERE DETACHED FROM ATTACK CARRIER AIR WING TWELVE ON JULY 7.

B-108140, FEB. 23, 1966

TO COMMANDER HENRY P. GLINDEMAN, JR., USN:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 18, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 19, 1965, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $327.50 WHICH WAS CHECKED IN YOUR PAY RECORD ON ACCOUNT OF PER DIEM PAID YOU FOR THE PERIOD JANUARY 13 TO JULY 7, 1964.

BY BUREAU OF NAVAL PERSONNEL ORDER 033108, DATED NOVEMBER 12, 1963, YOU WERE DIRECTED, UPON RELIEF FROM DUTY IN A FLYING STATUS WITH FIGHTING SQUADRON 154 IN DECEMBER 1963, TO PROCEED TO THE NAVAL AIR STATION, MIRAMAR, CALIFORNIA, AND REPORT TO THE COMMANDING OFFICER, ATTACK CARRIER AIR WING TWELVE, FOR TEMPORARY DUTY IN A FLYING STATUS FOR ABOUT 20 WEEKS. YOU WERE DIRECTED FURTHER TO PERFORM SUCH TRAVEL AS DIRECTED BY THE COMMANDING OFFICER, ATTACK CARRIER AIR WING TWELVE, IN CONNECTION WITH THE TEMPORARY DUTY AND UPON COMPLETION THEREOF, YOU WERE TO PROCEED TO THE DESIGNATED PORT WHERE THE COMMANDING OFFICER, ATTACK CARRIER AIR WING FIFTEEN, WAS THEN LOCATED AND REPORT FOR DUTY AS COMMANDING OFFICER OF THAT WING.

YOUR ITINERARY SHOWS THAT YOU DEPARTED FIGHTER SQUADRON 154, WHICH YOU SAY WAS "HOMEPORTED" AT NAVAL AIR STATION, MIRAMAR, CALIFORNIA, ON DECEMBER 23, 1963, AND REPORTED AT THE SAME STATION TO THE COMMANDING OFFICER, ATTACK CARRIER AIR WING TWELVE ON JANUARY 10, 1964, AFTER A PERIOD OF LEAVE. ON THE DATE YOU REPORTED TO THAT UNIT THAT COMMANDER ISSUED ORDERS DIRECTING THAT YOU REPORT TO VARIOUS SPECIFIED ACTIVITIES AWAY FROM MIRAMAR FOR TEMPORARY DUTY. UPON COMPLETION OF THIS TEMPORARY DUTY, AND WHEN DIRECTED BY THAT COMMANDER, THE ORDERS PROVIDED THAT YOU WERE TO REGARD YOURSELF AS DETACHED AND WERE TO CARRY OUT THE REMAINDER OF YOUR BASIC ORDERS, THAT IS, PROCEED TO YOUR PERMANENT DUTY ASSIGNMENT. JANUARY 13, 1964, YOU REPORTED FOR TEMPORARY DUTY AT THE NAVAL AIR STATION, NORTH ISLAND, CORONADO, CALIFORNIA, RETURNING THE SAME DAY TO YOUR STATION AT MIRAMAR. THEREAFTER, THE ITINERARY SHOWS THAT YOU PERFORMED TEMPORARY DUTY FOR VARYING PERIODS AT VARIOUS LOCATIONS AWAY FROM MIRAMAR, INCLUDING TEMPORARY DUTY AT NAVAL AIR STATION, LEMOORE, CALIFORNIA. UPON COMPLETION OF SUCH TEMPORARY DUTY YOU WERE DETACHED FROM ATTACK CARRIER AIR WING TWELVE ON JULY 7, 1964, AND THE FOLLOWING DAY YOU REPORTED TO ATTACK CARRIER AIR WING FIFTEEN, BASED AT LEMOORE, CALIFORNIA, FOR DUTY.

THE RECORD SHOWS THAT YOU WERE PAID PER DIEM IN THE AMOUNT OF $499 FOR THE PERIOD OF TEMPORARY DUTY FROM JANUARY 13 TO JULY 7, 1964, ON VOUCHER DATED JULY 14, 1964. BY ADMINISTRATIVE EXCEPTION NOTICE DATED JULY 24, 1964, A REQUEST WAS MADE FOR CHECK AGE IN THE AMOUNT OF $345.50, FOR THE REASON THAT PER DIEM WAS NOT AUTHORIZED FOR YOUR ABSENCE FROM YOUR STATION OF LESS THAN 10 HOURS FROM JANUARY 13 TO 15, 1964, INCLUSIVE, AND FOR THE PERFORMANCE OF TEMPORARY DUTY WITHIN THE LIMITS OF YOUR OLD PERMANENT DUTY STATION, NAVAL AIR STATION, MIRAMAR, FROM JANUARY 16 TO FEBRUARY 8; FEBRUARY 17 TO MARCH 6; MARCH 14 TO APRIL 18; MAY 9; MAY 23 TO 25; JUNE 6 TO 13 AND JULY 3 TO 6, 1964. THIS WAS REDUCED TO $327.50, FOR THE REASON THAT YOU WERE ABSENT FROM YOUR STATION FOR MORE THAN 10 HOURS ON JANUARY 13 AND 15, 1964. IT IS NOTED THAT YOU WERE NOT PAID PER DIEM FOR THE PERIODS OF TEMPORARY DUTY AT YOUR ULTIMATE DUTY STATION, NAVAL AIR STATION, LEMOORE, CALIFORNIA, PRIOR TO YOUR REPORTING THEREAT FOR PERMANENT DUTY ON JULY 8, 1964.

YOUR CLAIM FOR REFUND OF THE AMOUNT CHECKED WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 19, 1965, FOR THE REASONS STATED. BY LETTER DATED NOVEMBER 18, 1965, YOU APPEALED THE DISALLOWANCE CONTENDING THAT UNDER OUR DECISION OF MARCH 29, 1956, B-127359, YOU WERE ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT MIRAMAR, CALIFORNIA, AFTER YOU ENTERED A TRAVEL STATUS UPON DEPARTURE THEREFROM ON JANUARY 13, 1964.

IT IS OUR UNDERSTANDING THAT AT THE TIME INVOLVED FIGHTER SQUADRON 154 AND ATTACK CARRIER AIR WING TWELVE WERE SHORE-BASED UNITS AND THAT THE NAVAL AIR STATION, MIRAMAR, WAS THE ASSIGNED PERMANENT DUTY STATION OF EACH UNIT. SEE OPNAV INSTRUCTION 3111.14K, DATED AUGUST 5, 1965. PARAGRAPH M3050-2 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT A TRAVEL STATUS WILL COMMENCE WITH DEPARTURE FROM THE PERMANENT DUTY STATION OR SHIP. SUBPARAGRAPH 3 PROVIDES THAT THE TRAVEL STATUS WILL TERMINATE UPON RETURN TO THE PERMANENT DUTY STATION OR UPON REPORTING TO A NEW PERMANENT DUTY STATION.

IN DECISION B-127359, DATED MARCH 29, 1956, REFERRED TO BY YOU, THE OFFICER INVOLVED WAS DETACHED AND HE LEFT HIS OLD PERMANENT DUTY STATION AT NEWPORT, RHODE ISLAND, UNDER ORDERS DIRECTING THAT HE PERFORM TEMPORARY DUTY UNDER INSTRUCTION AT JACKSONVILLE, FLORIDA, VIRGINIA BEACH, VIRGINIA, AND THEN AT NEWPORT, RHODE ISLAND, PRIOR TO REPORTING TO HIS NEW DUTY STATION. WE HELD THAT AFTER A MEMBER IS DETACHED AND DEPARTS FROM HIS PERMANENT STATION UNDER ORDERS DIRECTING THE PERFORMANCE OF TEMPORARY DUTY PRIOR TO REPORTING TO HIS NEW DUTY STATION, HE IS TO BE REGARDED AS BEING IN A TRAVEL STATUS UPON HIS RETURN TO HIS OLD STATION AND IS ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT THAT PLACE, PROVIDED HIS PERMANENT DUTY ASSIGNMENT AT THE OLD STATION IS, IN FACT, TERMINATED AT THE TIME HE IS DETACHED AND DEPARTS FROM SUCH STATION. HOWEVER, IN YOUR CASE, YOU WERE TRANSFERRED UNDER ORDERS OF NOVEMBER 12, 1963, FROM ONE UNIT BASED AT THE NAVAL AIR STATION, MIRAMAR, CALIFORNIA, TO ANOTHER UNIT BASED AT THE SAME STATION FOR TEMPORARY DUTY AND THEREFORE, UPON YOUR TRANSFER, THE NAVAL AIR STATION, MIRAMAR, REMAINED YOUR PERMANENT DUTY STATION UNTIL YOU WERE FINALLY DETACHED THEREFROM ON JULY 7, 1964, TO REPORT TO YOUR ULTIMATE DUTY ASSIGNMENT WITH ATTACK CARRIER AIR WING FIFTEEN AT NAVAL AIR STATION, LEMOORE, CALIFORNIA. IN THIS CONNECTION PARAGRAPH M4201-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT PER DIEM IS NOT PAYABLE FOR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION. ACCORDINGLY, YOU WERE NOT ENTITLED TO PER DIEM FOR THE PERIODS YOU WERE AT THE NAVAL AIR STATION, MIRAMAR, CALIFORNIA, UPON YOUR RETURN AFTER COMPLETION OF THE VARIOUS PERIODS OF TEMPORARY DUTY ASSIGNMENTS AWAY FROM THAT STATION, SINCE THAT REMAINED YOUR PERMANENT DUTY STATION. HOWEVER, SINCE YOUR PERMANENT DUTY STATION REMAINED AT MIRAMAR, YOU ARE ENTITLED TO PER DIEM FOR ALL THE PERIODS OF TEMPORARY DUTY PERFORMED AT THE NAVAL AIR STATION, LEMOORE, CALIFORNIA, PRIOR TO YOUR DETACHMENT FROM THE NAVAL AIR STATION, MIRAMAR ON JULY 7, 1964. COMP. GEN. 73.