B-116570, AUGUST 28, 1953, 33 COMP. GEN. 98

B-116570: Aug 28, 1953

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PERSONNEL - TEMPORARY DUTY - ORDERS INDICATING PERMANENT ASSIGNMENT AN OFFICER WHO IS ASSIGNED TO A STATION FOR NECESSARY PROCESSING AND TO AWAIT TRANSPORTATION TO AN OVERSEAS STATION IS ENTITLED TO PER DIEM FOR SUCH PERIOD EVEN THOUGH THE ORDERS DIRECTING ASSIGNMENT TO THE PROCESSING STATION CONTAINED THE ABBREVIATION " PCS. UNDER THE JOINT TRAVEL REGULATIONS MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS AND TO PER DIEM FOR ALL PERIODS OF TEMPORARY DUTY AND THE DETERMINATION AS TO WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND WHERE NECESSARY.

B-116570, AUGUST 28, 1953, 33 COMP. GEN. 98

TRAVELING EXPENSES - SUBSISTENCE - MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY DUTY - ORDERS INDICATING PERMANENT ASSIGNMENT AN OFFICER WHO IS ASSIGNED TO A STATION FOR NECESSARY PROCESSING AND TO AWAIT TRANSPORTATION TO AN OVERSEAS STATION IS ENTITLED TO PER DIEM FOR SUCH PERIOD EVEN THOUGH THE ORDERS DIRECTING ASSIGNMENT TO THE PROCESSING STATION CONTAINED THE ABBREVIATION " PCS," WHICH INDICATED A PERMANENT CHANGE OF STATION. UNDER THE JOINT TRAVEL REGULATIONS MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS AND TO PER DIEM FOR ALL PERIODS OF TEMPORARY DUTY AND THE DETERMINATION AS TO WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO THE DURATION AND THE NATURE OF THE DUTY ENJOINED.

COMPTROLLER GENERAL WARREN TO CAPT. C.A. DOZE, DEPARTMENT OF THE ARMY, AUGUST 28, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY SECOND ENDORSEMENT DATED AUGUST 7, 1953, YOUR LETTER OF JULY 6, 1953, TRANSMITTING A VOUCHER IN FAVOR OF LIEUTENANT COLONEL ARCHIE C. WATERS (O-206833), IN THE SUM OF $16 REPRESENTING PER DIEM FOR 16 DAYS DURING THE PERIOD MAY 7 TO 23, 1953, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 30, SPECIAL ORDERS NO. 32, DATED FEBRUARY 17, 1953, LIEUTENANT COLONEL WATERS WAS RELEASED FROM ASSIGNMENT AND DUTY AT FORT BLISS, TEXAS, AND DIRECTED TO REPORT TO CAMP KILMER PERSONNEL CENTER, NEW BRUNSWICK, NEW JERSEY, NOT LATER THAN MAY 8, 1953, FOR FURTHER ASSIGNMENT TO UNITED STATES ARMY, EUROPE, BREMERHAVEN, GERMANY. PER DIEM IS CLAIMED AT THE RATE OF $1 PER DAY FOR 16 DAYS AT CAMP KILMER AWAITING TRANSPORTATION TO THE OVERSEAS STATION. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE FACT THAT THE ORDERS CONTAIN THE ABBREVIATION " PCS," INDICATING A PERMANENT CHANGE OF STATION, AND THAT EXCEPTION WAS TAKEN TO A PAYMENT OF PER DIEM, NOT FURTHER IDENTIFIED BY YOU, TO ANOTHER OFFICER ASSIGNED TO CAMP KILMER UNDER ORDERS WHICH INCLUDED THE SAME ABBREVIATION, WITH CERTAIN ADDITIONAL LANGUAGE.

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 THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED, AND THAT SUCH ALLOWANCES MAY INCLUDE A PER DIEM IN LIEU OF SUBSISTENCE. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 3050-1, 2) THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL PURSUANT TO COMPETENT TRAVEL ORDERS INCLUDING NECESSARY DELAYS EN ROUTE INCIDENTAL TO MODE OF TRAVEL AND NECESSARY TEMPORARY DUTY. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 4200) THAT PER DIEM IS PAYABLE FOR ALL PERIODS OF TEMPORARY DUTY AND TRAVEL IN CONNECTION THEREWITH, INCLUDING PERIODS OF NECESSARY DELAY AWAITING FURTHER TRANSPORTATION AND PERIODS OF DELAY AT PORTS OF EMBARKATION AND DEBARKATION IN CONNECTION WITH PERMANENT CHANGE OF STATIONS. PARAGRAPH 4205-C, JOINT TRAVEL REGULATIONS (CHANGE 6, DECEMBER 1, 1952), SETS FORTH THE RATES APPLICABLE WHILE AWAITING TRANSPORTATION OR PROCESSING AT PORTS OF EMBARKATION OR DEBARKATION, OR AT PROCESSING CENTERS OPERATED IN CONJUNCTION THEREWITH.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT--- PARTICULARLY AS TO THE DURATION THEREOF, NATURE OF THE DUTY ENJOINED, ETC. 24 COMP. GEN. 667, 670. IN THE PRESENT CASE, IT SEEMS CLEAR THAT THE OFFICER WAS TRANSFERRED FROM FORT BLISS, TEXAS, TO BREMERHAVEN, GERMANY, WITH DELAY AT CAMP KILMER, NEW JERSEY, FOR NECESSARY PROCESSING AND TO AWAIT TRANSPORTATION TO THE OVERSEAS STATION. ARRIVED AT CAMP KILMER ON MAY 7, 1953, AND BOARDED A GOVERNMENT TRANSPORT ON MAY 23, 1953. THUS, HIS ASSIGNMENT TO CAMP KILMER CLEARLY WAS TEMPORARY. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED.