B-123192, APR 25, 1955

B-123192: Apr 25, 1955

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KRAFT: REFERENCE IS MADE TO YOUR CLAIM FOR PER DIEM DURING THE PERIOD APRIL 1 TO JULY 25. WHICH CLAIM WAS FORWARDED HERE BY THE FINANCE CENTER. WAS DISALLOWED BY SETTLEMENT OF AUGUST 25. YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR A REVIEW OF THAT SETTLEMENT. YOU WERE ORDERED TO ACTIVE DUTY ON FEBRUARY 4. THE AMENDATORY ORDERS OF DECEMBER 12 DELETED THE ABBREVIATION "PCS" - DENOTING A PERMANENT CHANGE OF STATION - CONTAINED IN THE ORIGINAL ORDERS AND STATED THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO THE INITIAL PERMANENT STATION WOULD BE AUTHORIZED WHEN PERMANENT CHANGE OF STATION ORDERS WERE ISSUED. YOU WERE DETACHED FROM SUCH DUTY BY ORDERS OF JULY 20.

B-123192, APR 25, 1955

PRECIS-UNAVAILABLE

MR. CLARENCE A. KRAFT:

REFERENCE IS MADE TO YOUR CLAIM FOR PER DIEM DURING THE PERIOD APRIL 1 TO JULY 25, 1951, IN CONNECTION WITH DUTY PERFORMED BY YOU AT FORT HOLABIRD, MARYLAND, AS A SECOND LIEUTENANT, USAR, WHICH CLAIM WAS FORWARDED HERE BY THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, UNDER DATE OF SEPTEMBER 14, 1954. AS A SIMILAR CLAIM BY YOU FOR THE PERIOD FEBRUARY 7 TO JULY 25, 1951, WAS DISALLOWED BY SETTLEMENT OF AUGUST 25, 1952, YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR A REVIEW OF THAT SETTLEMENT.

BY ORDERS OF NOVEMBER 21, 1950, HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AS AMENDED BY ORDERS OF DECEMBER 5 AND DECEMBER 12, 1950, YOU WERE ORDERED TO ACTIVE DUTY ON FEBRUARY 4, 1951, AND DIRECTED TO PROCEED AND REPORT TO MPC, STUDENT DETACHMENT, CIC CENTER, FORT HOLABIRD, MARYLAND, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THE AMENDATORY ORDERS OF DECEMBER 12 DELETED THE ABBREVIATION "PCS" - DENOTING A PERMANENT CHANGE OF STATION - CONTAINED IN THE ORIGINAL ORDERS AND STATED THAT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO THE INITIAL PERMANENT STATION WOULD BE AUTHORIZED WHEN PERMANENT CHANGE OF STATION ORDERS WERE ISSUED. YOU WERE DETACHED FROM SUCH DUTY BY ORDERS OF JULY 20, 1951, WHICH DIRECTED YOU TO PROCEED TO FORT SAM HOUSTON, TEXAS, ON A PERMANENT CHANGE OF STATION.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 859, AUTHORIZED PAYMENT OF PER DIEM TO OFFICERS ON DUTY IN THE UNITED STATES ONLY FOR TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY." SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, IS TO THE SAME EFFECT. WHILE APPLICABLE REGULATIONS AUTHORIZED PAYMENT OF PER DIEM FOR TEMPORARY DUTY PRESCRIBED AT COURSES OF INSTRUCTION, PARAGRAPH 18, SPECIAL REGULATIONS 350-20-1, OCTOBER 11, 1949, PROVIDED THAT "ASSIGNMENT TO A SCHOOL AS A STUDENT *** OR ASSIGNMENT TO A SCHOOL OR INSTALLATION AS A TRAINING LIAISON OFFICER WILL, IF THE ASSIGNMENT IS TO BE OF 5 MONTHS OR MORE DURATION, CONSTITUTE A PERMANENT CHANGE OF STATION." UNDER SUCH REGULATIONS A TRANSFER TO A MILITARY INSTALLATION FOR THE PERFORMANCE OF DUTY AS A STUDENT AT A COURSE OF INSTRUCTION FOR A PERIOD IN EXCESS OF FIVE MONTHS CONSTITUTED A PERMANENT CHANGE OF STATION, EVEN THOUGH IT WAS DESIGNATED IN THE ORDERS AS TEMPORARY DUTY PENDING FURTHER ORDERS, AND HENCE SUCH INSTALLATIONS WAS THE DESIGNATED POST OF DUTY OF THE PERSON CONCERNED. SINCE YOUR ASSIGNMENT TO DUTY AS A STUDENT AT FORT HOLABIRD WAS FOR A PERIOD IN EXCESS OF FIVE MONTHS, THAT PLACE WAS YOUR PERMANENT STATION DURING THAT TIME AND NO RIGHT TO PER DIEM ACCRUED TO YOU FOR THE DUTY PERFORMED THEREAT. DECISION OF JULY 9, 1953, B-115670.

SINCE YOU NOW CLAIM FOR THE PERIOD ON AND AFTER APRIL 1, 1951, YOU APPARENTLY FEEL THAT THE JOINT TRAVEL REGULATIONS - WHICH BECAME EFFECTIVE ON THAT DATE - HAVE SOME BEARING ON YOUR CLAIM. WHILE THOSE REGULATIONS CONTAINED PROVISIONS NOT IN EFFECT BEFORE THAT TIME, NOTHING IN SUCH REGULATIONS CHANGED DUTY PERFORMED AT A PERSON'S PERMANENT STATION INTO TEMPORARY DUTY, OR PURPORTED TO AUTHORIZE PAYMENT OF PER DIEM FOR SUCH DUTY. NO RIGHT TO PER DIEM FOR DUTY PERFORMED AT FORT HOLABIRD ACCRUED TO YOU UNDER THOSE REGULATIONS.

IN THE CIRCUMSTANCES DISCLOSED, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF AUGUST 25, 1952, IS SUSTAINED.