B-121258, OCT 21, 1954

B-121258, OCT 21, 1954

PRECIS-UNAVAILABLE

WALTER A. BATES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 3, 1954, RELATIVE TO SETTLEMENT OF MAY 20, 1954, WHICH APPLIED $32.50 OF THE AMOUNT ALLOWED AGAINST YOUR DEBT TO THE GOVERNMENT IN THAT AMOUNT.

SECTION 102 OF THE DEFICIENCY APPROPRIATION ACT OF 1950, 64 STAT. 288, BARS PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ANY MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS "WHILE SUCH MEMBER IS IN A TRAVEL *** STATUS BETWEEN PERMANENT-DUTY STATIONS." THE PURPOSE OF SUCH PROVISION IS TO PREVENT PAYMENT OF DOUBLE ALLOWANCES FOR QUARTERS DURING PERIODS OF TRAVEL WHERE THE TRAVEL ALLOWANCES (MILEAGE OR PER DIEM) INCLUDE AN ALLOWANCE FOR QUARTERS. VOUCHER NO. 360246, APRIL 1952 ACCOUNTS OF J.E. LEWIS, SHOWS PAYMENT OF PER DIEM TO YOU AT THE RATE OF $9 PER DAY FOR THE PERIOD APRIL 8 TO 22, 1952. WHILE IT APPEARS THAT YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS AT THE RATE OF $75 PER MONTH FOR THE PERIOD APRIL 11 TO 23, 1952 ($32.50), YOU DENY THAT YOU WERE IN A TRAVEL STATUS DURING THAT PERIOD.

BY BUPERS DISPATCH OF MARCH 4, 1952, QUOTED FOR INFORMATION AND COMPLIANCE IN ORDERS FROM THE COMMANDING OFFICER, U.S.S. ERBEN (DD 631), FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA, DATED MARCH 23, 1952, YOU WERE DETACHED FROM DUTY ON BOARD THAT VESSEL AND DIRECTED TO PROCEED AND REPORT TO THE BUREAU OF NAVAL PERSONNEL, WASHINGTON, D.C., FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT. BUREAU OF NAVAL PERSONNEL ORDERS OF APRIL 9, 1952, DETACHED YOU FROM SUCH TEMPORARY DUTY AND DIRECTED THAT YOU REPORT TO THE CHIEF OF NAVAL OPERATIONS, NAVY DEPARTMENT, FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO NEW YORK, NEW YORK, AND REPORT FOR TRANSPORTATION TO BREMERHAVEN, GERMANY, EN ROUTE TO OSLO, NORWAY, WHERE YOU WERE TO REPORT TO THE CHIEF, MILITARY ASSISTANCE ADVISORY GROUP, NORWAY, FOR DUTY AS HIS AIDE. ENDORSEMENTS ON THE ORDERS SHOW THAT YOU REPORTED AT THE BUREAU OF NAVAL PERSONNEL ON APRIL 7 AND AT THE OFFICE OF THE CHIEF OF NAVAL OPERATIONS APRIL 10. IT APPEARS THAT YOU PERFORMED TEMPORARY DUTY IN WASHINGTON, D.C., AT LEAST THROUGH APRIL 22, 1952.

THE ORDERS DIRECTED A PERMANENT CHANGE OF STATION FROM THE U.S.S. ERBEN TO OSLO, NORWAY, WITH TEMPORARY DUTY EN ROUTE AT WASHINGTON, D.C. HENCE, IT IS CLEAR THAT YOU WERE IN A TRAVEL STATUS BETWEEN PERMANENT DUTY STATIONS DURING THE PERIOD INVOLVED AND THAT NO RIGHT TO BASIC ALLOWANCE FOR QUARTERS ACCRUED TO YOU FOR THAT PERIOD.

ACCORDINGLY, THE SETTLEMENT OF MAY 20, 1954, IS SUSTAINED.