B-123463, AUG. 8, 1955

B-123463, AUG. 8, 1955

TO LIEUTENANT (JG) G. J. ALEXANDER, USN, DISBURSING OFFICER:

UNDER DATE OF MARCH 29, 1955, THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR UNDATED LETTER REQUESTING ADVANCE DECISION AS TO WHETHER PAYMENT LEGALLY MAY BE MADE ON A VOUCHER, STATED IN YOUR FAVOR, FOR PER DIEM AT THE RATE OF $5 PER DAY FOR THE PERIODS NOVEMBER 1 TO 14, NOVEMBER 20 TO 21 AND DECEMBER 11 TO 16, 1954.

BY ORDERS OF OCTOBER 6, 1954, FROM THE COMMANDING OFFICER, U.S.S. MIDWAY (CVA-41), YOU WERE DIRECTED TO PROCEED AND REPORT TO COMMANDER DESTROYER FORCE, U.S. ATLANTIC FLEET, NEWPORT, RHODE ISLAND, FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT BY THE CHIEF OF NAVAL PERSONNEL. IT APPEARS THAT YOU SO REPORTED ON OCTOBER 31, 1954, AND PERFORMED TEMPORARY DUTY AT NEWPORT DURING THE PERIODS OF YOUR CLAIM, THE INTERVALS FROM NOVEMBER 15 TO 19 AND NOVEMBER 22 TO DECEMBER 10, 1954, BEING SPENT ON NAVAL VESSELS. YOU STATE THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE DURING THE PERIODS INVOLVED.

PARAGRAPH 4206-6B/2), CHANGE 28, NOVEMBER 1, 1954, JOINT TRAVEL REGULATIONS, AUTHORIZES THE PAYMENT OF PER DIEM FOR TEMPORARY DUTY AT THE RATE OF $5 PER DAY WHEN GOVERNMENT QUARTERS ARE AVAILABLE OR UTILIZED. SUBPARAGRAPH 6C/4) OF SUCH REGULATIONS FIXES THE RATE AT $1.65 PER DAY FOR PERIODS OF DELAY OR TEMPORARY DUTY IN CONNECTION WITH A PERMANENT CHANGE OF STATION WHILE AWAITING FURTHER ASSIGNMENT, TRANSFER, OR PROCESSING, AT PORTS OF EMBARKATION OR DEBARKATION OR PROCESSING CENTERS OPERATED IN CONJUNCTION THEREWITH, WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. THE ORDERS OF OCTOBER 6, 1954, DID NOT IN EXPRESS TERMS DIRECT YOU TO PROCEED TO A PORT OF EMBARKATION OR DEBARKATION. WHILE NEWPORT IS A SEACOAST CITY AND NAVAL INSTALLATIONS ARE LOCATED THERE, IT DOES NOT APPEAR THAT IN THIS CASE IT WAS A PORT OF EMBARKATION WITHIN THE MEANING OF THE REGULATIONS.

ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.