B-115096, AUGUST 5, 1953, 33 COMP. GEN. 55

B-115096: Aug 5, 1953

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PERSONNEL - TEMPORARY-DUTY WITHIN METROPOLITAN AREA OF HOME A NAVAL OFFICER WHO WAS DETACHED FROM ASSIGNED DUTIES AND DIRECTED TO PROCEED TO A NEW STATION WITHIN THE SAME METROPOLITAN AREA AS OFFICIAL RESIDENCE (HOME) FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. WHO UPON THE COMPLETION OF THE PROCESSING WAS TO PROCEED HOME FOR RELEASE FROM ACTIVE DUTY. IS NOT ENTITLED TO PAYMENT OF PER DIEM INCIDENT TO THE PERFORMANCE OF THE TEMPORARY DUTY. THE OFFICER WAS DETACHED FROM HIS ASSIGNED DUTIES AND DIRECTED TO PROCEED TO THE UNITED STATES NAVAL RECEIVING STATION AT BOSTON. HE WAS TO PROCEED TO HIS HOME FOR RELEASE FROM ACTIVE DUTY. KATZ WAS DETACHED THEREFROM ON SEPTEMBER 4 AND.

B-115096, AUGUST 5, 1953, 33 COMP. GEN. 55

MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY-DUTY WITHIN METROPOLITAN AREA OF HOME A NAVAL OFFICER WHO WAS DETACHED FROM ASSIGNED DUTIES AND DIRECTED TO PROCEED TO A NEW STATION WITHIN THE SAME METROPOLITAN AREA AS OFFICIAL RESIDENCE (HOME) FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, AND WHO UPON THE COMPLETION OF THE PROCESSING WAS TO PROCEED HOME FOR RELEASE FROM ACTIVE DUTY, IS NOT ENTITLED TO PAYMENT OF PER DIEM INCIDENT TO THE PERFORMANCE OF THE TEMPORARY DUTY.

COMPTROLLER GENERAL WARREN TO R. N. GRAY, DEPARTMENT OF THE NAVY, AUGUST 5, 1953:

THE JUDGE ADVOCATE GENERAL OF THE NAVY, BY DIRECTION OF THE SECRETARY OF THE NAVY, HAS FORWARDED TO THIS OFFICE WITH LETTER DATED MAY 5, 1953, YOUR LETTER OF NOVEMBER 5, 1952, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON A VOUCHER PRESENTED THEREWITH IN FAVOR OF LIEUTENANT (JG) GEORGE J. KATZ, SC, USNR, FOR PER DIEM FOR A PERIOD OF TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING AT BOSTON, MASSACHUSETTS, INCIDENT TO HIS RELEASE FROM ACTIVE DUTY, PURSUANT TO ORDERS OF THE COMMANDING OFFICER, U.S.S. HUGH PURVIS ( DD 709), DATED AUGUST 25, 1952.

UNDER THE SAID ORDERS OF AUGUST 25, 1952, THE OFFICER WAS DETACHED FROM HIS ASSIGNED DUTIES AND DIRECTED TO PROCEED TO THE UNITED STATES NAVAL RECEIVING STATION AT BOSTON, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, UPON THE COMPLETION OF WHICH, AND WHEN DIRECTED, HE WAS TO PROCEED TO HIS HOME FOR RELEASE FROM ACTIVE DUTY. HE REPORTED AT BOSTON ON AUGUST 25, 1952. ENDORSEMENT OF THE COMMANDING OFFICER AT THE RECEIVING STATION DATED SEPTEMBER 4, 1952, STATES THAT MR. KATZ WAS DETACHED THEREFROM ON SEPTEMBER 4 AND, ON THE BASIS THAT THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY AND HIS HOME OF RECORD WERE BROOKLINE, MASSACHUSETTS, THE OFFICER WAS ADVISED THAT NO TRAVEL TIME WAS GRANTED AND THAT AT 2400 ON SEPTEMBER 4, 1952, HE SHOULD REGARD HIMSELF RELEASED FROM ACTIVE DUTY. YOU EXPRESS DOUBT AS TO THE OFFICER'S RIGHT TO THE PER DIEM CLAIMED FOR THE PERIOD OF TEMPORARY DUTY AT BOSTON DUE TO THE CLOSE PROXIMITY OF HIS OFFICIAL RESIDENCE AT BROOKLINE TO THAT DUTY STATION, BOTH BOSTON AND BROOKLINE BEING WITHIN THE SAME METROPOLITAN AREA.

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 UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY AND, ALSO, FOR TRAVEL FROM HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY UNDER VARIOUS CIRCUMSTANCES, INCLUDING RELEASE FROM ACTIVE DUTY. ALSO, IT IS PROVIDED THAT THE RESPECTIVE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED AND THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED THE AMOUNTS AUTHORIZED THEREIN. SUBPARAGRAPHS (G) AND (H) OF THAT SECTION PROVIDE THAT THE SECRETARIES CONCERNED SHALL DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS AND SHALL PROMULGATE REGULATIONS THEREIN PROVIDED, SUCH REGULATIONS TO BE UNIFORM FOR ALL SERVICES INSOFAR AS PRACTICABLE. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES, AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY," UNDER VARIOUS DESIGNATED CIRCUMSTANCES, INCLUDING " TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION.'

PARAGRAPH 3003 DEFINES THE TERM "PERMANENT CHANGE OF STATION" AS THE TRANSFER OR ASSIGNMENT FROM ONE PERMANENT STATION TO ANOTHER, INCLUDING THE CHANGE FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON RELEASE FROM ACTIVE DUTY. SUCH REGULATIONS GIVE AN OFFICER'S HOME THE STATUS OF A PERMANENT DUTY STATION FOR PER DIEM PURPOSES IN CONNECTION WITH TRAVEL PERFORMED UNDER ORDERS WHICH DIRECT RELEASE FROM ACTIVE DUTY AT THE HOME, AND DO NOT CONTEMPLATE THE PAYMENT OF PER DIEM OR OTHER TRAVEL ALLOWANCE SUBSEQUENT TO THE TIME OF ARRIVAL AT THE OFFICER'S HOME UMDER SUCH ORDERS, EVEN THOUGH THE RELEASE FROM ACTIVE DUTY IS DELAYED FOR THE PERFORMANCE OF TEMPORARY DUTY.

IT HAS BEEN HELD GENERALLY THAT AN OFFICER'S STATION INCLUDES NOT ONLY THE CITY IN WHICH LOCATED BUT ALSO NEARBY AREAS WITHIN THE SAME METROPOLITAN AREA, THE BASIS THEREFOR BEING A CONSIDERATION THAT DUTY AT NEARBY PLACES ORDINARILY WOULD INVOLVE NO SUBSTANTIAL INCREASE IN SUBSISTENCE EXPENSES OVER THOSE NORMALLY INCURRED AT THE PERMANENT STATION. 24 COMP. GEN. 179. THE EXISTENCE OF A TRAVEL STATUS WITH A RIGHT TO PER DIEM HAS BEEN RECOGNIZED IN CERTAIN EXCEPTIONAL CASES WHERE TEMPORARY DUTY IS PERFORMED IN THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION UNDER CIRCUMSTANCES WHERE THE ORDERS OR THE NATURE OF THE DUTY DIRECTED REQUIRE THE OFFICER TO REMAIN AT THE TEMPORARY STATION TO THE EXTENT OF REQUIRING HIM TO INCUR ADDITIONAL EXPENSES FOR QUARTERS AND SUBSISTENCE. SEE 25 COMP. GEN. 727. NOTHING IN THE PRESENT RECORD, HOWEVER, INDICATES THAT A SITUATION EXISTED WHICH PREVENTED LIEUTENANT KATZ FROM LIVING AT HIS HOME IN NEARBY BROOKLINE WHILE PERFORMING TEMPORARY DUTY AT BOSTON UNDER THE ORDERS OF AUGUST 25, 1952. THE CONCLUSION IS REQUIRED, THEREFORE, THAT THE OFFICER'S TRAVEL STATUS TERMINATED UPON HIS ARRIVAL AT BOSTON UNDER THOSE ORDERS BY VIRTUE OF THE FACT THAT SUCH TEMPORARY STATION WAS WITHIN THE METROPOLITAN AREA OF HIS PERMANENT DUTY STATION (HIS HOME), AND CONSEQUENTLY THAT NO AUTHORITY EXISTS UNDER REGULATIONS FOR THE PAYMENT OF PER DIEM INCIDENT TO THE PERFORMANCE OF THE TEMPORARY DUTY AT BOSTON.

ACCORDINGLY, PAYMENT IS NOT AUTHORIZED ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.