B-114426, APRIL 8, 1953, 32 COMP. GEN. 444

B-114426: Apr 8, 1953

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PERSONNEL - STATION ALLOWANCE - PERMANENT DUTY STATION REQUIREMENT A RESERVE MEMBER OF THE UNIFORMED SERVICES WHO PERFORMED ACTIVE DUTY TRAINING FOR A SHORT PERIOD (TWO WEEKS) AT PUERTO RICO WAS NOT PERMANENTLY ASSIGNED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES WITHIN THE MEANING OF PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS. IT IS STATED THAT CAPTAIN MURRAY IS A MEMBER OF THE 7575TH ORC CONTROL GROUP ( REINF). YOU INDICATE THAT A DECISION IS REQUESTED BECAUSE OF YOUR DOUBT AS TO WHETHER THE OFFICER MAY BE CONSIDERED AS HAVING BEEN PERMANENTLY ASSIGNED TO AN ORGANIZATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. THE DUTY ASSIGNMENT OF A RESERVE OFFICER ORDERED FROM HIS HOME TO ACTIVE DUTY TRAINING OF SHORT DURATION CLEARLY IS NOT PERMANENT IN NATURE WITHIN THE GENERALLY ACCEPTED MEANING OF THAT TERM.

B-114426, APRIL 8, 1953, 32 COMP. GEN. 444

ALLOWANCES AND DIFFERENTIALS - MILITARY, NAVAL, ETC., PERSONNEL - STATION ALLOWANCE - PERMANENT DUTY STATION REQUIREMENT A RESERVE MEMBER OF THE UNIFORMED SERVICES WHO PERFORMED ACTIVE DUTY TRAINING FOR A SHORT PERIOD (TWO WEEKS) AT PUERTO RICO WAS NOT PERMANENTLY ASSIGNED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES WITHIN THE MEANING OF PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS--- WHICH PROVIDE FOR THE PAYMENT OF STATION PER DIEM ALLOWANCES "TO MEMBERS OF THE UNIFORMED SERVICES PERMANENTLY ASSIGNED TO DUTY OUTSIDE CONTINENTAL UNITED STATES"-- - SO AS TO BE ENTITLED TO THE STATION SUBSISTENCE PER DIEM ALLOWANCE FOR SUCH PERIOD.

ASSISTANT COMPTROLLER GENERAL YATES TO MAJ. J. W. CROCHER, DEPARTMENT OF THE ARMY, APRIL 8, 953:

BY THIRD ENDORSEMENT OF MARCH 26, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MARCH 5, 1953, FOR ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF STATION SUBSISTENCE PER DIEM ALLOWANCE TO CAPTAIN GEORGE E. MURRAY FOR THE PERIOD FEBRUARY 16 TO MARCH 2, 1953.

IT IS STATED THAT CAPTAIN MURRAY IS A MEMBER OF THE 7575TH ORC CONTROL GROUP ( REINF), FORT BROOKE, PUERTO RICO, A RESERVE ORGANIZATION; THAT HE PERFORMED ACTIVE TRAINING DUTY AT FORT BROOKE UNDER COMPETENT ORDER DURING THE PERIOD INVOLVED; AND THAT HE HAD A DEPENDENT WIFE WHO RESIDED IN PUERTO RICO AT THAT TIME. YOU INDICATE THAT A DECISION IS REQUESTED BECAUSE OF YOUR DOUBT AS TO WHETHER THE OFFICER MAY BE CONSIDERED AS HAVING BEEN PERMANENTLY ASSIGNED TO AN ORGANIZATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.

PARAGRAPH 4300, JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF THE STATION PER DIEM ALLOWANCES REFERRED TO THEREIN "TO MEMBERS OF THE UNIFORMED SERVICES PERMANENTLY ASSIGNED TO DUTY OUTSIDE CONTINENTAL UNITED STATES.' SUCH PROVISION INDICATES A CLEAR INTENT THAT SUCH ALLOWANCES SHOULD BE CONSIDERED TO ACCRUE ONLY INCIDENT TO A PERMANENT DUTY ASSIGNMENT, AND NOTHING APPEARING ELSEWHERE IN THE REGULATIONS INDICATES THAT THE RIGHT TO SUCH ALLOWANCES SHOULD ACCRUE ON ANY OTHER BASIS. THE DUTY ASSIGNMENT OF A RESERVE OFFICER ORDERED FROM HIS HOME TO ACTIVE DUTY TRAINING OF SHORT DURATION CLEARLY IS NOT PERMANENT IN NATURE WITHIN THE GENERALLY ACCEPTED MEANING OF THAT TERM. SEE 30 COMP. GEN. 260. ACCORDINGLY, IT IS CONCLUDED THAT CAPTAIN MURRAY WAS NOT PERMANENTLY ASSIGNED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES WITHIN THE MEANING OF THE CITED REGULATIONS AND PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED. THE SAID VOUCHER WILL BE RETAINED IN THIS OFFICE.