B-121760, DEC 8, 1954

B-121760: Dec 8, 1954

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USNR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER. WHEN YOU WERE TO RETURN TO YOUR VESSEL AND RESUME YOUR REGULAR DUTIES. "FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION" AND THAT YOU WERE DETACHED ON MAY 19. AN OFFICER'S RIGHT TO REIMBURSEMENT OF EXPENSES OF TRAVEL AND TEMPORARY DUTY ARE FIXED BY THE ORDERS UNDER WHICH SUCH TRAVEL AND TEMPORARY DUTY ARE PERFORMED. WHILE YOU STATE THAT THE COURSE OF INSTRUCTION WAS GIVEN AT THE U.S. THAT THE ONLY QUARTERS AND MESS AVAILABLE WERE BACHELOR OFFICER QUARTERS AND AN OPEN MESS AT SUCH NAVAL STATION. IT IS SHOWN THAT YOU SO REPORTED FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION ON APRIL 11.

B-121760, DEC 8, 1954

PRECIS-UNAVAILABLE

LIEUTENANT (JG) BURTON L. SOKOL, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1954, RELATIVE TO SETTLEMENT OF AUGUST 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD APRIL 12 TO MAY 18, 1953.

BY ORDERS OF APRIL 9, 1953, FROM THE COMMANDING OFFICER, U.S.S. O'BRIEN, YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, U.S.S. BRYCE CANYON, FOR ENGINEERING OFFICER COURSE UNTIL ARRIVAL OF THE COMMANDER, DESTROYER FLOTILLA ONE, THEN TO CONTINUE TEMPORARY DUTY UNDER INSTRUCTION UNTIL COMPLETION, WHEN YOU WERE TO RETURN TO YOUR VESSEL AND RESUME YOUR REGULAR DUTIES. ENDORSEMENTS ON SUCH ORDERS SHOW THAT YOU REPORTED TO THE COMMANDING OFFICER OF THE U.S.S. BRYCE CANYON ON APRIL 11, 1953, "FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION" AND THAT YOU WERE DETACHED ON MAY 19, 1953.

AN OFFICER'S RIGHT TO REIMBURSEMENT OF EXPENSES OF TRAVEL AND TEMPORARY DUTY ARE FIXED BY THE ORDERS UNDER WHICH SUCH TRAVEL AND TEMPORARY DUTY ARE PERFORMED. WHILE YOU STATE THAT THE COURSE OF INSTRUCTION WAS GIVEN AT THE U.S. NAVAL STATION, LONG BEACH, CALIFORNIA, AND THAT THE ONLY QUARTERS AND MESS AVAILABLE WERE BACHELOR OFFICER QUARTERS AND AN OPEN MESS AT SUCH NAVAL STATION, NO CONFIRMATION OF SUCH INFORMATION HAS BEEN FURNISHED FROM AN OFFICAL SOURCE. YOUR ORDERS DIRECTED YOU TO REPORT TO THE COMMANDING OFFICER OF THE U.S.S. BRYCE CANYON, NOT AT THE U. S. NAVAL STATION, AND IT IS SHOWN THAT YOU SO REPORTED FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION ON APRIL 11, 1953. YOU CERTIFIED ON VOUCHER NO. 644-53, JUNE 1953 ACCOUNT OF S.L. ANDERSON, THAT YOU ARRIVED AT THE U.S.S. BRYCE CANYON ON APRIL 11 AND THAT YOU PERFORMED TEMPORARY DUTY UNDER INSTRUCTION FROM APRIL 12 TO MAY 18, 1953. YOU ALSO CERTIFIED THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE. SUCH RECORD DOES NOT FURNISH A PROPER BASIS FOR CONCLUDING THAT YOU PERFORMED TEMPORARY DUTY AT A PLACE OTHER THAN ON A GOVERNMENT VESSEL AND SINCE PARAGRAPH 4201 9, CHANGE 2, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM "FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL," THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 26, 1954, IS SUSTAINED. YOUR ORIGINAL ORDERS AND ENDORSEMENTS ARE RETURNED HEREWITH.