B-117369, JAN 28, 1954

B-117369: Jan 28, 1954

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CAMPBELL: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED SEPTEMBER 28. YOU STATE THAT YOUR STATUS WAS THAT OF A PASSENGER ATTACHED TO A MARINE FORCE TRAINING GROUP AND NOT AS ONE ASSIGNED TEMPORARY DUTY ABOARD A SHIP. YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDER FLEET MARINE FORCE TRAINING GROUP FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH NORAMEX II. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PRESENT DUTY STATION. OF THE SAME COMMANDING OFFICER IT WAS STATED THAT "TEMPORARY ADDTIONAL DUTY ABOARD THIS VESSEL COMPLETED THIS DATE.". YOU WERE FURTHER ORDERED TO PROCEED AND REPORT TO THE COMMANDING OFFICER. PROVIDE IN PARAGRAPH 4253-5B THAT MEMBERS WHO ARE CHARGED FOR SUBSISTENCE WHILE TRAVELING BY GOVERNMENT VESSEL 24 HOURS OR MORE AS PASSENGERS WITH OR WITHOUT TROOPS - BUT NOT INCLUDING THOSE ABOARD FOR TEMPORARY DUTY OR TRAINING - WILL BE PAID A PER DIEM ALLOWANCE COMMENSURATE WITH THE COST FOR MEALS FURNISHED.

B-117369, JAN 28, 1954

PRECIS-UNAVAILABLE

LIEUTENANT ROBERT R. CAMPBELL:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED SEPTEMBER 28, 1953, WITH ENCLOSURES, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED JUNE 22, 1953, WHICH DISALLOWED YOUR CLAIM FOR SUBSISTENCE WHILE ON TEMPORARY ADDITIONAL DUTY DURING THE PERIOD OCTOBER 8 TO NOVEMBER 11, 1952, AS A LIEUTENANT, UNITED STATES NAVAL RESERVE. YOU STATE THAT YOUR STATUS WAS THAT OF A PASSENGER ATTACHED TO A MARINE FORCE TRAINING GROUP AND NOT AS ONE ASSIGNED TEMPORARY DUTY ABOARD A SHIP.

THE RECORD SHOWS THAT BY ORDER DATED OCTOBER 8, 1952, AMPHIBIOUS FORCE, U. S. ATLANTIC FLEET, U. S. NAVAL AMPHIBIOUS BASE, LITTLE CREEK, VIRGINIA, YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDER FLEET MARINE FORCE TRAINING GROUP FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH NORAMEX II, FOR A PERIOD OF APPROXIMATELY SIX WEEKS, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PRESENT DUTY STATION. FIRST INDORSEMENT THEREON FROM THE COMMANDING OFFICER (TASK GROUP 46.8), U.S.S. CAMBRIA APA- 36, STATES THAT YOU REPORTED ABOARD FOR "TEMPORARY ADDITIONAL DUTY" OCTOBER 8, 1952, AND BY SECOND INDORSEMENT DATED NOVEMBER 10, 1952, OF THE SAME COMMANDING OFFICER IT WAS STATED THAT "TEMPORARY ADDTIONAL DUTY ABOARD THIS VESSEL COMPLETED THIS DATE." YOU WERE FURTHER ORDERED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, U.S.S. KLEINSMITH, FOR FURTHER TEMPORARY ADDTIONAL DUTY. THIRD AND FOURTH INDORSEMENTS THEREON SHOW TEMPORARY ADDITIONAL DUTY COMPLETED NOVEMBER 11, 1952.

JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDE IN PARAGRAPH 4253-5B THAT MEMBERS WHO ARE CHARGED FOR SUBSISTENCE WHILE TRAVELING BY GOVERNMENT VESSEL 24 HOURS OR MORE AS PASSENGERS WITH OR WITHOUT TROOPS - BUT NOT INCLUDING THOSE ABOARD FOR TEMPORARY DUTY OR TRAINING - WILL BE PAID A PER DIEM ALLOWANCE COMMENSURATE WITH THE COST FOR MEALS FURNISHED. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 6451) THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL WHICH ARE INCIDENTAL TO OTHER DUTY - SUCH AS TRAVEL ABOARD A VESSEL IN PERFORMANCE OF TEMPORARY DUTY ON SUCH VESSEL - ARE NOT PAYABLE BY THE GOVERNMENT.

SECOND INDORSEMENT TO ORDERS DATED OCTOBER 8, 1952, CLEARLY INDICATES THAT YOU PERFORMED TEMPORARY ADDITIONAL DUTY ABOARD THE U.S.S. CAMBRIA, AND SINCE NO PER DIEM IS AUTHORIZED INCIDENT TO SUCH TEMPORARY DUTY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR AN AMOUNT TO COVER PERSONAL EXPENSES INCURRED BY YOU DURING THE PERIOD INVOLVED. SEE DECISION OF MAY 8, 1952, B-108093, 31 COMP. GEN. 575. ACCORDINGLY, THE SETTLEMENT OF JUNE 22, 1953, WAS CORRECT AND MUST BE SUSTAINED.