B-125346, SEP. 8, 1955

B-125346: Sep 8, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SINCE YOUR CLAIM FOR THAT ALLOWANCE PREVIOUSLY WAS DISALLOWED IN SETTLEMENT DATED NOVEMBER 19. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION. YOU WERE RELIEVED FROM DUTY WITH HEADQUARTERS FIFTH NAVAL DISTRICT. YOUR CLAIM WAS STATED ON THE BASIS THAT YOU WERE AWAY FROM YOUR PERMANENT DUTY STATION DURING THE PERIOD IN QUESTION AND SUBJECT TO ADDITIONAL EXPENSES. THEREFORE WERE ENTITLED TO THE PER DIEM ALLOWANCE AUTHORIZED FOR OFFICERS IN A TRAVEL STATUS AWAY FROM THEIR DUTY STATIONS. WAS EXPRESSLY LIMITED TO TRAVEL IN COMPLIANCE WITH ORDERS ISSUED ON AND AFTER MARCH 1. CONSEQUENTLY COULD HAVE NO APPLICATION IN YOUR CASE. AUTHORITY FOR THE PRESCRIBING OF PER DIEM ALLOWANCES FOR MEMBERS OF THE VARIOUS UNIFORMED SERVICES DURING THE PERIOD IN QUESTION WAS CONTAINED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942.

B-125346, SEP. 8, 1955

TO MR. ROBERT L. LEACH, JR.:

YOUR LETTER OF AUGUST 18, 1955, PRESENTS YOUR CLAIM FOR PER DIEM ALLOWANCE FOR THE PERIOD FROM JUNE 24, 1943, TO AUGUST 6, 1944, INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY, AS AN OFFICER OF THE ARMY OF THE UNITED STATES, WITH THE UNITED STATES COAST GUARD AT NORFOLK, VIRGINIA, UNDER WAR DEPARTMENT ORDERS DATED JUNE 28, 1943. SINCE YOUR CLAIM FOR THAT ALLOWANCE PREVIOUSLY WAS DISALLOWED IN SETTLEMENT DATED NOVEMBER 19, 1953, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION.

UNDER THE ORDERS OF JUNE 28, 1943, YOU WERE RELIEVED FROM DUTY WITH HEADQUARTERS FIFTH NAVAL DISTRICT, NORFOLK, VIRGINIA, AND ASSIGNED TO THE FRONT ROYAL QUARTERMASTER DEPOT (REMOUNT), FRONT ROYAL, VIRGINIA, WITH TEMPORARY DUTY AT HEADQUARTERS FIFTH NAVAL DISTRICT AT NORFOLK. YOU APPARENTLY REMAINED AT NORFOLK UNDER THOSE ORDERS UNTIL REQUIRED TO PROCEED TO FRONT ROYAL ON A NEW DUTY ASSIGNMENT UNDER ORDERS OF THE FRONT ROYAL QUARTERMASTER DEPOT (REMOUNT), DATED AUGUST 7, 1944. YOUR CLAIM WAS STATED ON THE BASIS THAT YOU WERE AWAY FROM YOUR PERMANENT DUTY STATION DURING THE PERIOD IN QUESTION AND SUBJECT TO ADDITIONAL EXPENSES, AND THEREFORE WERE ENTITLED TO THE PER DIEM ALLOWANCE AUTHORIZED FOR OFFICERS IN A TRAVEL STATUS AWAY FROM THEIR DUTY STATIONS. YOU CITE WAR DEPARTMENT CIRCULAR NO. 60, FEBRUARY 10, 1944, AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. THE APPLICATION OF THAT CIRCULAR, HOWEVER, WAS EXPRESSLY LIMITED TO TRAVEL IN COMPLIANCE WITH ORDERS ISSUED ON AND AFTER MARCH 1, 1944, AND CONSEQUENTLY COULD HAVE NO APPLICATION IN YOUR CASE.

AUTHORITY FOR THE PRESCRIBING OF PER DIEM ALLOWANCES FOR MEMBERS OF THE VARIOUS UNIFORMED SERVICES DURING THE PERIOD IN QUESTION WAS CONTAINED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AND IN THEN CURRENT ANNUAL APPROPRIATION ACTS. SUCH PROVISIONS AUTHORIZED THE PAYMENT TO OFFICERS OF PER DIEM, SUBJECT TO ADMINISTRATIVE REGULATIONS, WHILE "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' THE RULE IS WELL ESTABLISHED THAT A TRAVEL STATUS WITH THE RIGHT TO PER DIEM OR OTHER TRAVEL ALLOWANCE DOES NOT ARISE UNTIL THE TRAVELER IS REQUIRED TO DEPART AND ACTUALLY DOES DEPART FROM HIS DUTY STATION. THAT RULE UNIFORMLY HAS BEEN APPLIED IN SITUATIONS SUCH AS THE ONE HERE INVOLVED WHERE THERE IS A RELIEF FROM DUTY AT A STATION BY CHANGE-OF- STATION ORDERS UNDER CIRCUMSTANCES WHERE TEMPORARY DUTY IS ASSIGNED FOR PERFORMANCE PRIOR TO DEPARTURE FROM THE OLD DUTY STATION. 8 COMP. GEN. 158; B-63916, APRIL 9, 1947; B-69144, OCTOBER 3, 1947. UNDER YOUR ORDERS YOU WERE NOT REQUIRED TO DEPART FROM YOUR OLD DUTY STATION AT NORFOLK TO PERFORM THE TEMPORARY DUTY IN QUESTION AND THEREFORE YOU WERE NOT IN A TRAVEL STATUS DURING THE PERIOD JUNE 24, 1943, TO AUGUST 6, 1944. HENCE, YOU WERE NOT IN A STATUS FOR WHICH THE PAYMENT OF PER DIEM IS AUTHORIZED UNDER THE LAW. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 19, 1953, IS SUSTAINED.