B-121605, OCT 25, 1954

B-121605: Oct 25, 1954

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WAS DETACHED FROM DUTY AT THE NAVAL POSTGRADUATE SCHOOL. WAS DIRECTED TO PROCEED AND REPORT TO THE DIRECTOR. UPON COMPLETION OF WHICH HE WAS TO REPORT TO THE COMMANDING OFFICER. UPON COMPLETION OF THE LATTER COURSE HE WAS TO PROCEED AND REPORT TO THE COMMANDING OFFICER. THE UNEXECUTED PORTION OF THE OFFICER'S ORDERS WAS CANCELLED BY BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 16. WHICH DIRECTED HIS DETACHMENT FROM THE COURSE OF INSTRUCTION HE THEN WAS ATTENDING ON OR ABOUT JUNE 18. UPON COMPLETION OF WHICH HE WAS TO REPORT TO THE NAVAL PHOTOGRAPHIC INTERPRETATION CENTER ON SEPTEMBER 3. IT APPEARS THAT BACHELOR OFFICERS QUARTERS WERE AVAILABLE TO THE OFFICER FROM THE DATE OF REPORTING IN WASHINGTON.

B-121605, OCT 25, 1954

PRECIS-UNAVAILABLE

G. SKOWRONSKI, OFFICE OF THE JUDGE ADVOCATE GENERAL OF THE NAVY:

BY LETTER OF SEPTEMBER 27, 1954, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF APRIL 19, 1954, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING A PROPOSED PAYMENT OF PER DIEM TO LIEUTENANT GEORGE E. HUMPHRIES, USN, FOR THE PERIOD MARCH 17 TO JUNE 18, 1954.

BY BUREAU OF NAVAL PERSONNEL ORDERS OF DECEMBER 22, 1953, THE OFFICER, UPON COMPLETION OF HIS COURSE OF INSTRUCTION, WAS DETACHED FROM DUTY AT THE NAVAL POSTGRADUATE SCHOOL, MONTEREY, CALIFORNIA, AND WAS DIRECTED TO PROCEED AND REPORT TO THE DIRECTOR, NAVAL SCHOOL, NAVAL INTELLIGENCE, NAVAL RECEIVING STATION, WASHINGTON, D.C., FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT 11 WEEKS, UPON COMPLETION OF WHICH HE WAS TO REPORT TO THE COMMANDING OFFICER, NAVAL PHOTOGRAPHIC INTERPRETATION CENTER, NAVAL RECEIVING STATION, WASHINGTON, D.C., ON JULY 12, 1954, FOR TEMPORARY DUTY UNDER INSTRUCTION. UPON COMPLETION OF THE LATTER COURSE HE WAS TO PROCEED AND REPORT TO THE COMMANDING OFFICER, FLEET AIRBORNE ELECTRONICS TRAINING UNIT, ATLANTIC, NORFOLK, VIRGINIA, ON SEPTEMBER 27, 1954, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR ABOUT THREE WEEKS AND THEN RETURN TO WASHINGTON AND REPORT TO THE COMMANDING OFFICER, NAVAL PHOTOGRAPHIC INTERPRETATION CENTER, ON OCTOBER 18, 1954, FOR "DUTY UNDER INSTRUCTION." THE UNEXECUTED PORTION OF THE OFFICER'S ORDERS WAS CANCELLED BY BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 16, 1954, WHICH DIRECTED HIS DETACHMENT FROM THE COURSE OF INSTRUCTION HE THEN WAS ATTENDING ON OR ABOUT JUNE 18, 1954, AND REQUIRED THAT HE REPORT FOR "DUTY UNDER INSTRUCTION" AT ANOTHER COURSE OF INSTRUCTION AT THE SAME PLACE, UPON COMPLETION OF WHICH HE WAS TO REPORT TO THE NAVAL PHOTOGRAPHIC INTERPRETATION CENTER ON SEPTEMBER 3, 1954 "FOR DUTY UNDER INSTRUCTION." OTHER PARAGRAPHS OF THE LATTER ORDERS DIRECTED FURTHER TRAVEL TO NORFOLK FOR TEMPORARY DUTY UNDER INSTRUCTION AND RETURN TO THE NAVAL PHOTOGRAPHIC INTERPRETATION CENTER FOR "DUTY UNDER INSTRUCTION." IT APPEARS THAT BACHELOR OFFICERS QUARTERS WERE AVAILABLE TO THE OFFICER FROM THE DATE OF REPORTING IN WASHINGTON, D.C., ON MARCH 16, 1954, AND THAT GOVERNMENT MESSING FACILITIES ALSO WERE AVAILABLE EXCEPT FOR THE PERIOD APRIL 5 TO JUNE 18, 1954.

PARAGRAPH 4201-4, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM FOR TEMPORARY DUTY PERFORMED "WITHIN THE LIMITS OF THE PERMANENT DUTY STATION," DEFINED IN PARAGRAPH 1150-10 AS THE "CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED." SINCE THE ORDERS OF DECEMBER 22 DETACHED THE OFFICER FROM HIS OLD STATION AND DIRECTED HIM TO REPORT FOR DUTY AT WASHINGTON, D.C., THAT PLACE WAS HIS NEW PERMANENT STATION AND NO RIGHT TO PER DIEM COULD ACCRUE TO HIM FOR DUTY AT THAT PLACE EVEN THOUGH HE WAS ORDERED TO PERFORM TEMPORARY DUTY AT ONE NAVAL INSTALLATION WITHIN HIS PERMANENT STATION, PRIOR TO REPORTING FOR DUTY AT ANOTHER, WITH AN INTERVENING PERIOD OF TEMPORARY DUTY AT NORFOLK. MEMBERS WHO PERFORM DUTY AT THE PLACE SHOWN TO BE THEIR PERMANENT STATION ARE NOT TRAVELING "AWAY FROM THEIR DESIGNATED POSTS OF DUTY" WITHIN THE MEANING OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813.

ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THIS OFFICE.