B-125927, JAN. 3, 1956

B-125927: Jan 3, 1956

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FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. THESE ORDERS WERE AMENDED UNDER DATE OF JUNE 10. UPON COMPLETION OF WHICH HE WAS TO CARRY OUT THE REMAINDER OF HIS BASIC ORDERS. IT IS STATED THAT HIS PERMANENT DUTY ASSIGNMENT IN WASHINGTON IS ONE WHICH ENTITLES HIM TO GOVERNMENT QUARTERS DESIGNATED FOR THE COMMANDANT OF THE NATIONAL WAR COLLEGE. THAT SUCH QUARTERS WERE NOT MADE AVAILABLE TO HIM UNTIL JULY 15. THAT HE WAS REQUIRED TO PROCURE TEMPORARY HOUSING FOR HIMSELF AND HIS DEPENDENTS DURING THE PERIOD INVOLVED. A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS AS INCLUDING "THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.'.

B-125927, JAN. 3, 1956

TO W. M. MARTIN, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF OCTOBER 27, 1955, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF SEPTEMBER 15, 1955, FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, STATED IN FAVOR OF VICE ADMIRAL EDMUND T. WOOLDRIDGE, USN, FOR PER DIEM DURING THE PERIOD JULY 6 TO 14, 1955.

BUREAU OF NAVAL ORDERS OF APRIL 26, 1955, DIRECTED THE OFFICER TO PROCEED --- FOLLOWING RELIEF FROM DUTY AS COMMANDER, SECOND FLEET--- AND REPORT ON JULY 15, 1955, FOR DUTY AS COMMANDANT, NATIONAL WAR COLLEGE, WASHINGTON, D.C. THESE ORDERS WERE AMENDED UNDER DATE OF JUNE 10, 1955, TO DIRECT HIM TO REPORT TO THE CHIEF OF NAVAL PERSONNEL FOR TEMPORARY DUTY WITH A LINE SELECTION BOARD CONVENING AT THE NAVY DEPARTMENT, ARLINGTON ANNEX, ON JULY 5, 1955, UPON COMPLETION OF WHICH HE WAS TO CARRY OUT THE REMAINDER OF HIS BASIC ORDERS. IT IS STATED THAT HIS PERMANENT DUTY ASSIGNMENT IN WASHINGTON IS ONE WHICH ENTITLES HIM TO GOVERNMENT QUARTERS DESIGNATED FOR THE COMMANDANT OF THE NATIONAL WAR COLLEGE; THAT SUCH QUARTERS WERE NOT MADE AVAILABLE TO HIM UNTIL JULY 15, 1955; AND THAT HE WAS REQUIRED TO PROCURE TEMPORARY HOUSING FOR HIMSELF AND HIS DEPENDENTS DURING THE PERIOD INVOLVED.

TO BE ENTITLED TO PER DIEM UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AND IMPLEMENTING REGULATIONS, MEMBERS OF THE UNIFORM SERVICES MUST BE IN A STATUS OF TRAVELING "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' A PERMANENT STATION IS DEFINED IN PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS AS INCLUDING "THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.' IT HAS BEEN HELD THAT WHEN A MEMBER IS DIRECTED TO PROCEED TO A PARTICULAR CITY FOR TEMPORARY DUTY AND LATER REPORT TO ANOTHER INSTALLATION IN THE SAME CITY FOR DUTY, HIS TRAVEL STATUS ENDS UPON HIS ARRIVAL IN THAT CITY AND NO RIGHT TO PER DIEM ACCRUES FOR SUCH TEMPORARY DUTY. B-121605, OCTOBER 25, 1954, AND 34 COMP. GEN. 427.

WASHINGTON, D.C., WAS ADMIRAL WOOLDRIDGE'S NEW POST OF DUTY AND WHEN HE ARRIVED AT THAT PLACE HIS TRAVEL STATUS ENDED. THE FACT THAT HE WAS REQUIRED TO SECURE TEMPORARY HOUSING FOR HIMSELF AND HIS DEPENDENTS FOR A FEW DAYS IS IMMATERIAL, THAT BEING A SITUATION WHICH MUST BE FACED BY MANY MEMBERS OF THE UNIFORMED SERVICES UPON THEIR ARRIVAL AT THEIR NEW POSTS OF DUTY. NOR DOES THE FACT THAT HE WAS REQUIRED TO PERFORM TEMPORARY DUTY AT THE ARLINGTON ANNEX, ACROSS THE POTOMAC RIVER AT WASHINGTON, CHANGE THE SITUATION. SEE PARAGRAPH 4205 4, JOINT TRAVEL REGULATIONS. PARAGRAPH 6450 OF SUCH REGULATIONS PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE,AND IN THE CIRCUMSTANCES DISCLOSED, NO RIGHT TO PER DIEM ACCRUED TO ADMIRAL WOOLDRIDGE.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.