B-122508, JUN. 8, 1955

B-122508, JUN. 8, 1955

TO THE HONORABLE SECRETARY OF DEFENSE:

CONSISTENT WITH THAT PART OF THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH GRANTS AUTHORITY TO PRESCRIBE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED BY MEMBERS OF THE ARMED FORCES "WHEN AWAY FROM THEIR DESIGNATED POSTS OF Y," PARAGRAPH 4201-4 OF THE JOINT TRAVEL REGULATIONS BARS PAYMENT OF PER DIEM FOR TRAVEL OF TEMPORARY DUTY PERFORMED "WITHIN THE LIMITS OF THE PERMANENT DUTY STATION.' PARAGRAPH 1150-10 OF THE REGULATIONS DEFINES "PERMANENT STATION" AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THE MEMBER MUST BE "AWAY" FROM THAT PLACE UNDER CONDITIONS CONTEMPLATING THAT HE WILL RETURN THERE OR PROCEED TO A DIFFERENT PERMANENT STATION, UPON THE COMPLETION OF THE TEMPORARY ASSIGNMENT, TO BE IN THE STATUS FOR WHICH PER DIEM IS AUTHORIZED.

CASES HAVE COME TO ATTENTION IN OUR AUDIT OF MILITARY ACCOUNTS INVOLVING THE ISSUANCE OF PERMANENT CHANGE-OF-STATION ORDERS DESIGNATING THE MEMBER'S TEMPORARY DUTY STATION AS HIS PERMANENT STATION, EFFECTIVE ON A FUTURE DATE, WHERE PER DIEM HAS BEEN PAID FOR THE PERIOD FROM DATE OF RECEIPT OF THE ORDERS UNTIL THAT FUTURE DATE. SUCH PAYMENTS PRESUMABLY WERE MADE UNDER AUTHORITY OF PARAGRAPH 4209 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES:

"A MEMBER WHO IS AT A TEMPORARY DUTY STATION (OR ON LEAVE FROM SUCH TEMPORARY DUTY STATION) WHEN PERMANENT CHANGE OF STATION ORDERS ARE ISSUED DESIGNATING THE TEMPORARY DUTY STATION AS HIS PERMANENT STATION WILL NOT RECEIVE PER DIEM FOR ANY PERIOD ON OR AFTER THE DATE THE PERMANENT CHANGE OF STATION ORDERS ARE RECEIVED AT HIS TEMPORARY DUTY STATION, UNLESS THE PERMANENT CHANGE OF STATION ORDERS BECOME EFFECTIVE AT SOME FUTURE DATE.'

IT SEEMS EVIDENT THAT UPON THE ISSUANCE OF PERMANENT CHANGE-OF STATION ORDERS OF THE TYPE CONTEMPLATED BY THAT REGULATION THE MEMBER'S DUTY STATION--- THE PLACE WHERE HE IS TO PROCEED UPON THE COMPLETION OF THE TEMPORARY ASSIGNMENT--- SHIFTS IMMEDIATELY TO THE NEWLY DESIGNATED STATION DESPITE A NOTATION IN THE ORDERS THAT THE CHANGE IS EFFECTIVE LATER. OTHER WORDS, UNLESS AN OFFICER'S ORDERS CONTEMPLATE THAT HE WILL PROCEED TO SOME OTHER DUTY STATION AFTER COMPLETING HIS ASSIGNMENT, HE IS NOT AWAY FROM HIS DESIGNATED POST OF DUTY DURING THE ASSIGNMENT. CONSEQUENTLY, THE MEMBER ON TEMPORARY DUTY CANNOT PROPERLY BE CONSIDERED AS AWAY FROM HIS DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES AFTER RECEIPT OF ORDERS MAKING HIS TEMPORARY POST HIS PERMANENT STATION EFFECTIVE AT THE TERMINATION OF THE ORIGINAL PERIOD OF TEMPORARY DUTY. COMPARE B-122837, MARCH 7, 1955, 34 COMP. GEN. 427; B-121605, OCTOBER 25, 1954.

SINCE THAT PART OF THE QUOTED PROVISIONS OF PARAGRAPH 4209 OF THE JOINT TRAVEL REGULATIONS WHICH WOULD POSTPONE THE EFFECTIVE DATE OF THE CHANGE APPEARS TO BE INCONSISTENT WITH THE STATUTE, THE MATTER IS BROUGHT TO YOUR ATTENTION WITH THE SUGGESTION THAT THE REGULATION BE CORRECTED IN THAT RESPECT.