B-115624, JULY 9, 1953, 33 COMP. GEN. 14

B-115624: Jul 9, 1953

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WHICH PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS OF THE UNIFORMED SERVICES UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION WHERE BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. AN ARMY OFFICER WHO IS ASSIGNED TO SUCH AN INSTALLATION FOR TEMPORARY DUTY IN ORDER TO ATTEND A COURSE OF INSTRUCTION. IS PLACED ON SPECIAL DUTY FOR AN INDEFINITE PERIOD AND IS SUBSEQUENTLY REASSIGNED WITHOUT ATTENDING THE COURSE OF INSTRUCTION DESIGNATED IN HIS ORIGINAL ORDERS. IS NOT ENTITLED TO PER DIEM AT RATE OF $1 PER DAY FOR THE PERIOD OF SPECIAL DUTY. IT APPEARS THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY BY PARAGRAPH 18. THEY STATED THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WERE NOT AUTHORIZED UNTIL FURTHER PERMANENT CHANGE OF STATION ORDERS WERE ISSUED.

B-115624, JULY 9, 1953, 33 COMP. GEN. 14

SUBSISTENCE - PER DIEMS - MILITARY PERSONNEL - COURSES OF INSTRUCTION UNDER PARAGRAPH 4205-5C (4), JOINT TRAVEL REGULATIONS, WHICH PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS OF THE UNIFORMED SERVICES UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION WHERE BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE, AN ARMY OFFICER WHO IS ASSIGNED TO SUCH AN INSTALLATION FOR TEMPORARY DUTY IN ORDER TO ATTEND A COURSE OF INSTRUCTION, AND WHO, AFTER ARRIVAL THERE, IS PLACED ON SPECIAL DUTY FOR AN INDEFINITE PERIOD AND IS SUBSEQUENTLY REASSIGNED WITHOUT ATTENDING THE COURSE OF INSTRUCTION DESIGNATED IN HIS ORIGINAL ORDERS, IS NOT ENTITLED TO PER DIEM AT RATE OF $1 PER DAY FOR THE PERIOD OF SPECIAL DUTY.

COMPTROLLER GENERAL WARREN TO LT. COL. HENRY RUFF, DEPARTMENT OF THE ARMY, JULY 9, 1953:

BY FIRST ENDORSEMENT OF JUNE 4, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MAY 21, 1953, FOR ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, COVERING PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY TO 2D LT. JAMES AUGUSTINE CROOKE, ORDNANCE CORPS, FOR DUTY PERFORMED BY HIM AT ABERDEEN PROVING GROUND, MD., DURING THE PERIOD FEBRUARY 11, 1953, TO APRIL 23, 1953.

IT APPEARS THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY BY PARAGRAPH 18, SPECIAL ORDERS NO. 3, HEADQUARTERS FIRST ARMY, GOVERNORS ISLAND, NEW YORK, N.Y., DATED JANUARY 6, 1953, WHICH DIRECTED HIM TO PROCEED ON FEBRUARY 10, 1953, TO ASSIGNED STATION, STUDENT DETACHMENT, THE ORDNANCE SCHOOL, ABERDEEN PROVING GROUND, MD., FOR TEMPORARY DUTY PENDING FURTHER ORDERS AT A COURSE OF INSTRUCTION. WHILE SUCH ORDERS INCLUDED THE ABBREVIATION " PCS" DENOTING A PERMANENT CHANGE OF STATION, THEY STATED THAT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WERE NOT AUTHORIZED UNTIL FURTHER PERMANENT CHANGE OF STATION ORDERS WERE ISSUED.

PARAGRAPH 13, SPECIAL ORDERS NO. 31, ISSUED AT ABERDEEN PROVING GROUND ON FEBRUARY 13, 1953, CONFIRMED VERBAL ORDERS OF THE COMMANDING GENERAL OF FEBRUARY 10, 1953, PLACING THE OFFICER ON SPECIAL DUTY WITH 9301 TSU ( ORDNANCE), HEADQUARTERS AND HEADQUARTERS DETACHMENT TROOP COMMAND, FOR AN INDEFINITE PERIOD EFFECTIVE FEBRUARY 10, 1953, UPON COMPLETION OF WHICH HE WAS TO RETURN TO PROPER ORGANIZATION, IT BEING STATED THEREIN THAT SUCH ORDERS WERE ISSUED UNDER EXIGENCIES WHICH PREVENTED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE.

PARAGRAPH 7, SPECIAL ORDER NO. 33, FEBRUARY 17, 1953, REFERRED TO THE LAST MENTIONED ORDERS AND FURTHER PLACED THE OFFICER ON SPECIAL DUTY WITH 9301 TSU, ORDNANCE, HEADQUARTERS AND HEADQUARTERS 3D TROOP COMMAND, FOR DUTY WITH ORDNANCE BALLISTIC TEAM, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS PROPER ORGANIZATION.

YOU STATE THAT THE OFFICER LATER WAS REASSIGNED TO DUTY OVERSEAS ON A PERMANENT CHANGE OF STATION AND THAT HE LEFT ABERDEEN PROVING GROUND ON APRIL 24, 1953. IT APPEARS THAT BOTH GOVERNMENT QUARTERS AND FIELD RATIONS MESS WERE AVAILABLE DURING THE PERIOD INVOLVED.

PARAGRAPH 4205-5C (4), JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FOR MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. HOWEVER, IT IS APPARENT THAT THE OFFICER ACTUALLY DID NOT ATTEND THE COURSE OF INSTRUCTION DESIGNATED IN HIS ORDERS OF JANUARY 6, 1953, AND, AFTER HIS ARRIVAL AT ABERDEEN PROVING GROUND, IT DOES NOT APPEAR THAT IT WAS CONTEMPLATED THAT HE WOULD ATTEND SUCH COURSE. THE NET EFFECT OF THE VOCAL ORDERS OF FEBRUARY 10, 1953, CONFIRMED IN WRITING ON FEBRUARY 13, WAS TO PLACE HIM ON EXTENDED ACTIVE DUTY FOR AN INDEFINITE PERIOD OF TIME AT ABERDEEN PROVING GROUND, THUS CONSTITUTING THAT PLACE HIS DESIGNATED POST OF DUTY.

INSOFAR AS HERE PERTINENT, SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES TO MILITARY PERSONNEL ONLY WHEN THEY ARE AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND SINCE, AS INDICATED ABOVE, ABERDEEN PROVING GROUND MUST BE REGARDED AS THE OFFICER'S DESIGNATED POST OF DUTY DURING THE PERIOD HERE INVOLVED, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER WILL BE RETAINED IN THIS OFFICE.