B-118493, MAY 10, 1954

B-118493: May 10, 1954

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JOHNSON: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2. THE VESSEL TO WHICH YOU WERE ASSIGNED. AT WHICH TIME YOU WERE ADVISED THAT NO PUBLIC QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY. YOUR TEMPORARY ADDITIONAL DUTY WAS TERMINATED. SUCH TEMPORARY ADDITIONAL DUTY WAS AGAIN TERMINATED. YOU WERE ADVISED THAT YOUR CLAIM WAS NOT ALLOWABLE FOR THE REASON THAT REGULATIONS IN EFFECT DURING THE PERIODS OF YOUR CLAIM PROVIDED THAT MEMBERS WERE ENTITLED TO TRAVEL ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS. " AND THAT ON THE BASIS OF THE RECORDS BEFORE THIS OFFICE IT WAS CONSIDERED THAT YOU WERE NOT IN A "TRAVEL STATUS" WHILE PERFORMING DUTY IN CONNECTION WITH THE REPAIR OF THE VESSEL TO WHICH YOU WERE PERMANENTLY ASSIGNED.

B-118493, MAY 10, 1954

PRECIS-UNAVAILABLE

MR. JAMES E. JOHNSON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1953, REQUESTING A REVIEW OF SETTLEMENT DATED SEPTEMBER 17, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AT THE RATE OF $9 PER DAY, LESS A DEDUCTION FOR SUBSISTENCE AND QUARTERS ALLOWANCE, FOR THE PERIOD DECEMBER 19, 1952, TO JANUARY 12, 1953, AND FROM JANUARY 30 TO APRIL 20, 1953, UNDER ORDERS DATED DECEMBER 18, 1952.

THE SAID ORDERS OF DECEMBER 18, 1952, DIRECTED YOU TO PROCEED TO THE COMMANDING OFFICER, COAST GUARD BASE, SAND ISLAND, HONOLULU, T. H., FOR TEMPORARY ADDITIONAL DUTY OF APPROXIMATELY 45 DAYS' DURATION IN CONNECTION WITH REPAIRS TO CC-33482, THE VESSEL TO WHICH YOU WERE ASSIGNED, AND UPON COMPLETION OF SUCH TEMPORARY ADDITIONAL DUTY TO RETURN TO CC-33482 AND RESUME YOUR REGULAR DUTIES. INDORSEMENTS ON THE SAID ORDERS SHOW THAT YOU REPORTED AT THE COAST GUARD BASE, SAND ISLAND, HONOLULU, T. H., ON DECEMBER 19, 1952, AT WHICH TIME YOU WERE ADVISED THAT NO PUBLIC QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY. UNDER DATE OF JANUARY 12, 1953, YOUR TEMPORARY ADDITIONAL DUTY WAS TERMINATED. THE RECORD SHOWS THAT ON JANUARY 30, 1953, YOU RESUMED TEMPORARY ADDITIONAL DUTY IN ACCORDANCE WITH THE SAID ORDERS OF DECEMBER 18, 1952, AND THAT ON APRIL 20, 1953, SUCH TEMPORARY ADDITIONAL DUTY WAS AGAIN TERMINATED.

IN THE SETTLEMENT OF SEPTEMBER 17, 1953, YOU WERE ADVISED THAT YOUR CLAIM WAS NOT ALLOWABLE FOR THE REASON THAT REGULATIONS IN EFFECT DURING THE PERIODS OF YOUR CLAIM PROVIDED THAT MEMBERS WERE ENTITLED TO TRAVEL ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT ON THE BASIS OF THE RECORDS BEFORE THIS OFFICE IT WAS CONSIDERED THAT YOU WERE NOT IN A "TRAVEL STATUS" WHILE PERFORMING DUTY IN CONNECTION WITH THE REPAIR OF THE VESSEL TO WHICH YOU WERE PERMANENTLY ASSIGNED.

PARAGRAPH 3050(1) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, ONLY WHILE ACTUALLY IN A "TRAVEL STATUS." IT IS ALSO PROVIDED THAT A MEMBER WILL BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM HIS PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, UNDER COMPETENT ORDERS. SINCE IT APPEARS THAT YOU WERE ATTACHED TO THE CC-33482 AND THAT YOUR TEMPORARY ASSIGNMENT WAS IN THE VICINITY OF THAT VESSEL AND IN CONNECTION WITH ITS REPAIR, IT IS, THE VIEW OF THIS OFFICE THAT YOU WERE NOT ACTUALLY AWAY FROM YOUR VESSEL SO AS TO BE IN A "TRAVEL STATUS" DURING THE PERIOD THAT YOU WERE ON TEMPORARY ADDITIONAL DUTY.

UPON THE BASIS OF THE RECORDS BEFORE THIS OFFICE, IT APPEARS THAT THE ACTION TAKEN IN DISALLOWING YOUR CLAIM WAS CORRECT AND SUCH ACTION IS SUSTAINED.

THE ORIGINAL ORDERS TRANSMITTED WITH YOUR CLAIM ARE RETURNED HEREWITH.