B-113767, MAY 19, 1953

B-113767, MAY 19, 1953

PRECIS-UNAVAILABLE

MAJOR T. MICCERI, F.C., U.S. ARMY:

THERE HAS BEEN RECEIVED BY 5TH INDORSEMENT DATED FEBRUARY 10, 1953, YOUR LETTER OF SEPTEMBER 19, 1952, PRESENTING A VOUCHER IN FAVOR OF MAJOR ABNER D. SEARCY IN THE SUM OF $110 REPRESENTING PER DIEM FOR 22 DAYS DURING THE PERIOD APRIL 30 TO MAY 23, 1952, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 8, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 41, DATED FEBRUARY 27, 1952, MAJOR SEARCY WAS RELEASED FROM ASSIGNMENT AND DUTY AT FORT JACKSON, SOUTH CAROLINA, AND TRANSFERRED TO FORT RICHARDSON, ALASKA, FOR DUTY, IT BEING PROVIDED THAT HE WOULD REPORT TO PERSONNEL CENTER, FORT LAWTON, SEATTLE, WASHINGTON, NOT LATER THAN MAY 1, 1952, FOR TRANSPORTATION FROM SEATTLE PORT OF EMBARKATION TO DESTINATION. REPORTED AT FORT LAWTON AT 1600 ON APRIL 30, 1952. BY PARAGRAPH 1 FORT LAWTON RESTRICTED SPECIAL ORDERS NO. 125, DATED MAY 14, 1952, HE WAS RELEASED FROM ASSIGNMENT TO THE REPLACEMENT CENTER AT FORT LAWTON AND DIRECTED TO PROCEED TO HIS OVERSEAS STATION ON DATE SPECIFIED UNDER SEPARATE INSTRUCTIONS. HE DEPARTED FORT LAWTON AT 10:00 ON MAY 23, 1952, AND HAS CERTIFIED THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR THE PERIOD APRIL 30 TO MAY 23, 1952.

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

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 UPON A CHANGE OF PERMANENT STATION OR OTHERWISE; THAT THE SECRETARIES CONCERNED MAY PRESCRIBE (1) THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED AND (2) THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED THE AMOUNTS SPECIFIED THEREIN, AND THAT SUCH ALLOWANCES MAY INCLUDE A PER DIEM IN LIEU OF SUBSISTENCE NOT TO EXCEED $9 PER DAY. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 30-50-1, 2 AND 3) THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS; THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL PURSUANT TO COMPETENT TRAVEL ORDERS INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY DUTY; THAT A TRAVEL STATUS WILL COMMENCE WITH DEPARTURE FROM THE PERMANENT STATION AND WILL TERMINATE WHEN THE MEMBER REACHES THE PORT TO WHICH HE HAS BEEN ORDERED IF THE VESSEL TO WHICH HE IS REPORTING FOR DUTY IS ALREADY IN PORT. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 4200) THAT PER DIEM IS PAYABLE FOR ALL PERIODS OF TEMPORARY DUTY AND TRAVEL IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO (1) PERIODS OF NECESSARY DELAY AWAITING FURTHER TRANSPORTATION, (2) PERIODS OF DELAY AT PORTS OF EMBARKATION AND DEBARKATION IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND (3) PERIODS OF TEMPORARY DUTY DIRECTED IN A PERMANENT CHANGE OF STATION ORDER.

PARAGRAPH 4205-5C, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, SETS FORTH RATES APPLICABLE TO DELAYS INCIDENT TO TRAVEL AND FOR TEMPORARY DUTY AT AN INSTALLATION OF ANY OF THE UNIFORMED SERVICES. CHANGE 6, EFFECTIVE DECEMBER 1, 1952, PROVIDED FOR A REDUCTION IN THE RATES AND BROADENED THE LANGUAGE OF THE PROVISION TO MAKE IT CLEAR THAT THE RATES ARE APPLICABLE WHILE AWAITING TRANSPORTATION OR PROCESSING AT PORTS OF EMBARKATION OR DEBARKATION, OR AT PROCESSING CENTERS OPERATED IN CONJUNCTION THEREWITH. HOWEVER, ON NOVEMBER 17, 1952, PRIOR TO THE PUBLISHING OF SUCH CHANGE, THE ADVISORY PANEL, PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, ISSUED AN INTERPRETATION IN PERTINENT PART AS FOLLOWS:

"*** IT WAS INTENDED THAT THE TERM 'PORTS OF EMBARKATION AND DEBARKATION' AS USED IN PART E, CHAPTER 4, JTR, INCLUDE PROCESSING, RECEPTION, AND PERSONNEL CENTERS OPERATED IN CONJUNCTION THEREWITH. AN EXAMINATION OF TYPICAL DEPARTMENT OF THE ARMY SPECIAL ORDERS APPEARS TO BEAR OUT THIS CONTENTION SINCE MEMBERS ORDERED TO A GIVEN LOCATION ON PERMANENT CHANGE OF STATION ORDERS ARE DIRECTED IN THE ORDERS TO REPORT TO THESE CENTERS FOR FURTHER TRANSPORTATION. THEREFORE THE MEMBER APPEARS TO BE IN A TRAVEL STATUS UNTIL ARRIVAL AT DESTINATION AND NO MENTION IS MADE IN SUCH ORDERS INDICATING THAT A PERMANENT ASSIGNMENT IS MADE TO THE PROCESSING CENTER THROUGH WHICH HE PASSES."

SINCE MAJOR SEARCY WAS ORDERED FROM FORT JACKSON, SOUTH CAROLINA, TO FORT RICHARDSON, ALASKA, AS A PERMANENT CHANGE OF STATION AND WAS REQUIRED TO REPORT TO FORT LAWTON, WASHINGTON, TO AWAIT FURTHER TRANSPORTATION FROM SEATTLE, THE PORT OF EMBARKATION, TO HIS OVERSEAS STATION, IT MAY BE CONSIDERED THAT WHILE AWAITING SUCH TRANSPORTATION HE WAS IN A TRAVEL STATUS AND ENTITLED TO PER DIEM NOTWITHSTANDING THE FACT THAT FORT LAWTON AND THE PORT OF EMBARKATION ARE SEPARATE PLACES AND THAT A PORTION OF THE TIME WAS SPENT IN NECESSARY AND USUAL PROCESSING FOR OVERSEAS MOVEMENT.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF PROPER IN OTHER RESPECTS.