B-119101, MAY 13, 1955

B-119101: May 13, 1955

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YOU WERE DIRECTED UNDER THOSE ORDERS TO PROCEED FROM YOUR HOME IN SAN FRANCISCO TO THE NAVAL AIR STATION AT OAKLAND FOR TEMPORARY ACTIVE DUTY INVOLVING TRAINING FLIGHTS FOR A PERIOD OF ABOUT ONE MONTH PRIOR TO PROCEEDING TO YOUR PERMANENT DUTY ASSIGNMENT. YOU REPORTED FOR THE TEMPORARY DUTY AT OAKLAND ON JUNE 16 AND WERE DETACHED AT OAKLAND ON JULY 16. SUCH TRANSPORTATION WAS FURNISHED TO YOU COMMENCING JULY 25. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS. ALLOWANCE FOR TRAVEL ARE NOT AUTHORIZED FOR ALL ABSENCES FROM AN OFFICER'S STATION.

B-119101, MAY 13, 1955

PRECIS-UNAVAILABLE

LIEUTENANT JOSEPH B. K. SMITH, USNR:

YOUR LETTER OF JANUARY 13, 1954, REQUESTS REVIEW OF SETTLEMENT DATED MARCH 30, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIODS FROM JUNE 17 TO JULY 15, 1952, WHILE PERFORMING TEMPORARY DUTY AT OAKLAND, CALIFORNIA, AND FROM JULY 19 TO 24, 1952, WHILE AWAITING TRANSPORTATION AT SAN FRANCISCO, CALIFORNIA, AND FOR MILEAGE FOR TRAVEL FROM OAKLAND TO SAN FRANCISCO, INCIDENT TO YOUR REPORTING TO THE NAVAL AIR STATION AT OAKLAND FOR TEMPORARY ACTIVE DUTY AND DEPARTURE THEREFROM EN ROUTE TO A PERMANENT DUTY ASSIGNMENT UNDER ORDERS OF APRIL 27, 1952, AS AMENDED.

YOU WERE DIRECTED UNDER THOSE ORDERS TO PROCEED FROM YOUR HOME IN SAN FRANCISCO TO THE NAVAL AIR STATION AT OAKLAND FOR TEMPORARY ACTIVE DUTY INVOLVING TRAINING FLIGHTS FOR A PERIOD OF ABOUT ONE MONTH PRIOR TO PROCEEDING TO YOUR PERMANENT DUTY ASSIGNMENT. YOU REPORTED FOR THE TEMPORARY DUTY AT OAKLAND ON JUNE 16 AND WERE DETACHED AT OAKLAND ON JULY 16, FROM WHICH POINT YOU PROCEEDED TO SAN FRANCISCO FOR TRANSPORTATION TO YOUR DUTY ASSIGNMENT. SUCH TRANSPORTATION WAS FURNISHED TO YOU COMMENCING JULY 25, 1952.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY DUTY," UNDER VARIOUS DESIGNATED CIRCUMSTANCES, INCLUDING TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION. PARAGRAPH 3003 DEFINES THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE CHANGE FROM HOME TO FIRST DUTY STATION UPON APPOINTMENT OR CALL TO ACTIVE DUTY, GIVING THE OFFICER'S HOME THE STATUS OF A PERMANENT DUTY STATION FOR PER DIEM PURPOSES. HOWEVER, ALLOWANCE FOR TRAVEL ARE NOT AUTHORIZED FOR ALL ABSENCES FROM AN OFFICER'S STATION. PARAGRAPH 4205-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT NO PER DIEM IS AUTHORIZED FOR A ROUND TRIP PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY. ALSO, PARAGRAPH 6450 OF THOSE REGULATIONS PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE. THE PORTION OF YOUR CLAIM COVERING PER DIEM FOR TEMPORARY DUTY IN SAN FRANCISCO, THE SAME PLACE IN WHICH YOUR HOME WAS LOCATED, OBVIOUSLY IS BARRED BY THE REGULATIONS MENTIONED AND NO BASIS APPEARS FOR CONCLUDING THAT YOUR TEMPORARY DUTY AT OAKLAND INVOLVED MORE THAN A SHORT TRIP WITHIN THE IMMEDIATE VICINITY OF YOUR HOME. SINCE PER DIEM IS IN LIEU OF ACTUAL EXPENSES NEITHER THAT ALLOWANCE NOR MILEAGE IS AUTHORIZED FOR SUCH TRIPS. THE FACT THAT, WHEN YOU WERE ORDERED TO ACTIVE DUTY, YOU VOLUNTARILY SUBLEASED THE APARTMENT IN WHICH YOU WERE RESIDING MAY NOT BE CONSIDERED AS INCREASING THE TRAVEL BENEFITS UNDER THE LAW.

ACCORDINGLY, SINCE YOUR HOME IN SAN FRANCISCO, AND THE TEMPORARY STATIONS AT OAKLAND AND SAN FRANCISCO MUST BE CONSIDERED TO BE IN THE SAME VICINITY, YOU ARE NOT ENTITLED TO PER DIEM OR MILEAGE DURING THE PERIOD OF YOUR CLAIM. THE SETTLEMENT OF MARCH 30, 1953, IS SUSTAINED.

THE ENCLOSURES FORWARDED WITH YOUR LETTER ARE RETURNED HEREWITH.