B-118897, JUL. 5, 1955

B-118897: Jul 5, 1955

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JR.: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11. YOU WERE DIRECTED. WERE DETACHED THEREFROM ON SEPTEMBER 19. WERE CORRECTED TO INDICATE THAT YOU WERE ORDERED TO THE NAVAL SUPPLY CENTER AT OAKLAND FOR TEMPORARY DUTY UNDER INSTRUCTION PENDING FURTHER ASSIGNMENT TO DUTY BY THE BUREAU OF NAVAL PERSONNEL. THAT GOVERNMENT MESSING FACILITIES AND QUARTERS WERE AVAILABLE TO YOU AT OAKLAND. THE PER DIEM WHICH IS PAYABLE UNDER SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949. SINCE THE CHANGE FROM HOME TO FIRST STATION IS REGARDED AS A PERMANENT CHANGE OF STATION (PARAGRAPH 3003 -1A. AN OFFICER ORDERED TO ACTIVE DUTY DOES NOT ENTER INTO A TRAVEL STATUS UNTIL HE IS REQUIRED TO LEAVE HIS HOME.

B-118897, JUL. 5, 1955

TO MR. ALEXANDER MCCOOK, JR.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1954, AND SUBSEQUENT CORRESPONDENCE CONCERNING SETTLEMENT DATED DECEMBER 11, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 18, 1952, INCIDENT TO TEMPORARY DUTY UNDER INSTRUCTION PERFORMED BY YOU AT THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, UNDER BUREAU OF NAVAL PERSONNEL ORDERS DATED MAY 1, 1952, AS CORRECTED BY ORDERS DATED JUNE 9, 1953.

UNDER THE ORDERS OF MAY 1, 1952, YOU WERE DIRECTED, UPON ACCEPTANCE OF APPOINTMENT AS ENSIGN IN THE U.S. NAVAL RESERVE, TO PROCEED FROM YOUR HOME AT RICHMOND, CALIFORNIA, TO OAKLAND, CALIFORNIA, AND REPORT TO THE COMMANDING OFFICER, NAVAL SUPPLY CENTER, ON JUNE 30, 1952, FOR ACTIVE DUTY UNDER INSTRUCTION. IT APPEARS THAT YOU REPORTED FOR THAT DUTY ON JUNE 30, 1952, AND WERE DETACHED THEREFROM ON SEPTEMBER 19, 1952, PURSUANT TO BUREAU OF NAVAL PERSONNEL ORDERS DATED SEPTEMBER 5, 1952, ASSIGNING YOU TO DUTY AT NORFOLK, VIRGINIA. THE ORDERS OF JUNE 9, 1953, RECITED THAT YOUR ORDERS OF MAY 1, 1952, WERE CORRECTED TO INDICATE THAT YOU WERE ORDERED TO THE NAVAL SUPPLY CENTER AT OAKLAND FOR TEMPORARY DUTY UNDER INSTRUCTION PENDING FURTHER ASSIGNMENT TO DUTY BY THE BUREAU OF NAVAL PERSONNEL, AND THAT GOVERNMENT MESSING FACILITIES AND QUARTERS WERE AVAILABLE TO YOU AT OAKLAND.

THE PER DIEM WHICH IS PAYABLE UNDER SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND PART E, CHAPTER 4, JOINT TRAVEL REGULATIONS, FOR TRAVEL AND TEMPORARY DUTY IN THE UNITED STATES, CAN ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ONLY INCIDENT TO TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' SINCE THE CHANGE FROM HOME TO FIRST STATION IS REGARDED AS A PERMANENT CHANGE OF STATION (PARAGRAPH 3003 -1A, JOINT TRAVEL REGULATIONS) PER DIEM MAY BE PAID FOR ORDERED TEMPORARY DUTY EN ROUTE TO AN OFFICER'S FIRST PERMANENT STATION. HOWEVER, AN OFFICER ORDERED TO ACTIVE DUTY DOES NOT ENTER INTO A TRAVEL STATUS UNTIL HE IS REQUIRED TO LEAVE HIS HOME.

AN OFFICER'S HOME AT THE TIME HE IS ORDERED TO ACTIVE DUTY IS DEFINED IN PARAGRAPH 1150-3, JOINT TRAVEL REGULATIONS, AS "THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN * * * ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.' IT APPEARS THAT RICHMOND, CALIFORNIA, WAS YOUR HOME OF RECORD AT THE TIME THE ORDERS OF MAY 1, 1952, WERE ISSUED. PARAGRAPH 6450, JOINT TRAVEL REGULATIONS, PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE AND IT HAS BEEN HELD THAT NEITHER PER DIEM NOR MILEAGE IS AUTHORIZED FOR SUCH TRIPS. B-119101, MAY 13, 1955. SINCE THE DUTY PERFORMED BY YOU DURING THE PERIOD OF YOUR CLAIM WAS IN THE IMMEDIATE VICINITY OF YOUR HOME, THERE IS NO BASIS FOR CONCLUDING THAT YOUR DUTY AT OAKLAND INVOLVED MORE THAN A SHORT TRIP WITHIN THE MEANING OF THE REGULATION.

IN THE CIRCUMSTANCES DISCLOSED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF DECEMBER 11, 1953, IS SUSTAINED. YOUR ORIGINAL ORDERS OF MAY 1, 1952, SEPTEMBER 5, 1952, WITH ENCLOSURES, AND CORRECTION OF ORDERS DATED JUNE 9, 1953, ARE RETURNED HEREWITH.