B-125994, MAR. 1, 1956

B-125994, MAR. 1, 1956

TO REAR ADMIRAL E. A. SOLOMONS, USN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 14, 1955, WHICH DISALLOWED YOUR CLAIM FOR $48.60 REPRESENTING PER DIEM FOR THE PERIOD MAY 25 TO JUNE 3, 1955.

BY ORDERS DATED APRIL 19, 1955, YOU WERE DETACHED FROM DUTY AS DEPUTY COMPTROLLER OF THE NAVY, WASHINGTON, D.C., AND DIRECTED TO PROCEED TO THE FAR EAST FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH AND WHEN RETURNING FROM SUCH TEMPORARY DUTY YOU WERE TO REPORT AT PEARL HARBOR, TERRITORY OF HAWAII, TO THE COMMANDER SERVICE FORCE, PACIFIC FLEET, FOR DUTY. ON APRIL 25, 1955, YOUR ORDERS WERE MODIFIED IN THAT UPON RETURN TO PEARL HARBOR FROM THE FAR EAST YOU WERE TO REPORT TO THE COMMANDER SERVICE FORCE, PACIFIC FLEET, FOR TEMPORARY DUTY OF ABOUT TEN DAYS TO BE FOLLOWED BY TEMPORARY DUTY ON THE WEST COAST, AND IN WASHINGTON, D.C., UPON COMPLETION OF WHICH YOU WERE TO RETURN TO PEARL HARBOR TO CARRY OUT THE REMAINDER OF YOUR BASIC ORDERS. YOU WERE ON TEMPORARY DUTY AT PEARL HARBOR DURING THE PERIOD MAY 25 TO JUNE 3, 1955, AND WERE PAID A PER DIEM ALLOWANCE OF $48.60, WHICH AMOUNT LATER WAS CHECKED AGAINST YOUR PAY. YOU WERE IN WASHINGTON, D.C., ON TEMPORARY DUTY DURING THE PERIOD JUNE 18 TO JULY 1, 1955, AND REPORTED AT PEARL HARBOR FOR PERMANENT DUTY ON JULY 3, 1955. YOUR PRESENT LETTER YOU STATE YOU HAD NO PERMANENT STATION FROM THE DATE OF YOUR DETACHMENT FROM DUTY AT WASHINGTON, D.C., UNTIL JULY 3, 1955, WHEN YOU REPORTED TO THE COMMANDER SERVICE FORCE, PACIFIC FLEET, FOR DUTY, AND THAT YOU WERE ON TEMPORARY DUTY DURING THAT ENTIRE PERIOD. FOR THAT REASON, IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO A PER DIEM ALLOWANCE FOR THE TEMPORARY DUTY AT PEARL HARBOR.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON CHANGE OF PERMANENT STATION OR OTHERWISE," OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' YOUR ORDERS, AS AMENDED, DIRECTED YOU TO REPORT FOR DUTY AT PEARL HARBOR, TERRITORY OF HAWAII, FOLLOWING A PERIOD OF TEMPORARY DUTY THERE AND HENCE PEARL HARBOR WAS YOUR DESIGNATED POST OF DUTY AND, IN EFFECT, YOUR PERMANENT STATION FROM THE TIME YOU ARRIVED THERE. WE KNOW OF NO STATUTORY AUTHORITY FOR PAYMENT OF PER DIEM DURING A PERIOD OF DUTY AT A DESIGNATED POST OF DUTY. 34 COMP. GEN. 427. IF, AS CONTENDED BY YOU, IT WAS NOT THE INTENT OF YOUR ORDERS TO DIRECT A CHANGE OF STATION UNTIL YOU REPORTED AT PEARL HARBOR ON JULY 3, 1955, IT NECESSARILY WOULD FOLLOW THAT YOUR OLD STATION WOULD BE CONSIDERED AS YOUR DESIGNATED POST OF DUTY UNTIL AFTER COMPLETION OF YOUR TEMPORARY DUTY AT WASHINGTON, D.C. IN THAT CASE YOU WOULD NOT BE ENTITLED TO RETAIN THE PER DIEM ALLOWANCE ($168) WHICH YOU WERE PAID FOR TEMPORARY DUTY IN WASHINGTON, D.C.

THERE APPEARS TO BE NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF OCTOBER 14, 1955, IS SUSTAINED.