B-126666, APRIL 5, 1956, 35 COMP. GEN. 547

B-126666: Apr 5, 1956

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NAVY ENLISTED MEN - SUBSISTENCE - TRAVEL STATUS FOR PAYMENT OF PER DIEM FOR TEMPORARY DUTY NAVY ENLISTED MEN WHO WERE ABSENT FROM THEIR OLD PERMANENT DUTY STATIONS FOR MORE THAN TEN HOURS PER DAY BECAUSE OF TEMPORARY DUTY AND ROUND-TRIP TRAVEL FROM THEIR RESIDENCES AT THE PERMANENT STATION FROM WHICH THEY WERE DETACHED. ARE IN A TRAVEL STATUS FOR PAYMENT OF PER DIEM FOR TEMPORARY DUTY. REQUESTING TO BE ADVISED AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON FOUR SUBMITTED VOUCHERS COVERING PAYMENT OF PER DIEM TO CHIEF CARPENTER RAYMOND L. WERE SIMILAR EXCEPT THAT THEY DIRECTED THE DETACHMENT OF YATES FROM DUTY AT THE NORFOLK NAVAL SHIPYARD. TICONDEROGA WAS LOCATED AND AT THE NAVAL BASE IN NORFOLK.

B-126666, APRIL 5, 1956, 35 COMP. GEN. 547

NAVY ENLISTED MEN - SUBSISTENCE - TRAVEL STATUS FOR PAYMENT OF PER DIEM FOR TEMPORARY DUTY NAVY ENLISTED MEN WHO WERE ABSENT FROM THEIR OLD PERMANENT DUTY STATIONS FOR MORE THAN TEN HOURS PER DAY BECAUSE OF TEMPORARY DUTY AND ROUND-TRIP TRAVEL FROM THEIR RESIDENCES AT THE PERMANENT STATION FROM WHICH THEY WERE DETACHED, ARE IN A TRAVEL STATUS FOR PAYMENT OF PER DIEM FOR TEMPORARY DUTY.

TO J. G. HARPER, DEPARTMENT OF THE NAVY, APRIL 5, 1956:

BY LETTER OF JANUARY 16, 1956, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED FOR ADVANCE DECISION YOUR LETTER OF JULY 13, 1955, REQUESTING TO BE ADVISED AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON FOUR SUBMITTED VOUCHERS COVERING PAYMENT OF PER DIEM TO CHIEF CARPENTER RAYMOND L. CHAPMAN, CHIEF SHIPS CLERK STERLING B. GILES, CHIEF BOATSWAIN JOSEPH A. R. MONTY, AND CHIEF MACHINIST HENRY C. YATES, RESPECTIVELY, FOR TEMPORARY DUTY PERFORMED BY THEM AT NEWPORT NEWS, VA.

BUREAU OF NAVAL PERSONNEL ORDERS OF FEBRUARY 28, 1955, AND APRIL 15, 1955, DIRECTED THE DETACHMENT OF CHAPMAN AND GILES, RESPECTIVELY, FROM DUTY AT DIFFERENT NAVAL INSTALLATIONS IN NORFOLK, VA., AND THEIR TRAVEL TO NEWPORT NEWS, VA., FOR TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OF THE U.S.S. FORRESTAL AND DUTY ON BOARD WHEN PLACED IN COMMISSION. ORDERS OF FEBRUARY 14, 1955, WERE SIMILAR EXCEPT THAT THEY DIRECTED THE DETACHMENT OF YATES FROM DUTY AT THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VA. ORDERS OF NOVEMBER 19, 1954, DIRECTED THE DETACHMENT OF MONTY FROM DUTY AT THE NAVAL AIR STATION, OCEANA, VIRGINIA BEACH, VA., WITH DIRECTIONS TO PROCEED TO NEWPORT NEWS FOR SIMILAR TEMPORARY DUTY, BUT WITH TEMPORARY DUTY EN ROUTE AT THE PORT IN WHICH THE U.S.S. TICONDEROGA WAS LOCATED AND AT THE NAVAL BASE IN NORFOLK. EACH OF THE CLAIMANTS PERFORMED TEMPORARY DUTY AT NEWPORT NEWS AT DIFFERENT INTERVALS OF FROM 1 TO 5 DAYS PER WEEK ( YATES DID NOT GO TO THAT PLACE DURING THE PERIOD MARCH 19 TO 31, 1955) COMMENCING FROM MARCH 1 TO MAY 24, AND ENDING ON JUNE 24, 1955. IT APPEARS THAT NONE OF THE CLAIMANTS CHANGED HIS PLACE OF RESIDENCE FOLLOWING THE ISSUANCE OF THE CITED ORDERS. IT IS STATED THAT EACH CLAIMANT WAS ABSENT FROM NORFOLK FOR OVER 10 HOURS ON THE DAYS TEMPORARY DUTY WAS PERFORMED AT NEWPORT NEWS SINCE THE HOURS OF DUTY AT THE LATTER PLACE WERE FROM 8 A.M. TO 4:30 P.M. AND THE FERRY TRIP ALONE REQUIRED 30 MINUTES EACH WAY. GOVERNMENT QUARTERS WERE NOT AVAILABLE AT NEWPORT NEWS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253, AUTHORIZES THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR AUTHORIZED TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPH 3050-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT A TRAVEL STATUS "WILL COMMENCE WITH DEPARTURE FROM PERMANENT DUTY STATION.' WHILE PARAGRAPH 6450 OF SUCH REGULATIONS BARS REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION, PARAGRAPH 4205-4 RECOGNIZES THE EXISTENCE OF A TRAVEL STATUS FOR ROUND TRIP TRAVEL AWAY FROM A DUTY STATION EXCEEDING TEN HOURS PER DAY. HENCE, WHEN THE CLAIMANTS CHAPMAN, GILES AND YATES WERE DETACHED FROM THEIR OLD STATIONS AND TRAVELED TO NEWPORT NEWS FOR TEMPORARY DUTY WHICH REQUIRED AN ABSENCE FROM THEIR OLD STATIONS FOR A PERIOD IN EXCESS OF TEN HOURS, THEY ENTERED INTO A TRAVEL STATUS AND THEY ARE ENTITLED TO PER DIEM FOR THE TEMPORARY DUTY PERFORMED THEREAFTER PRIOR TO REPORTING ON BOARD THE U.S.S. FORRESTAL. MONTY APPARENTLY DID NOT LEAVE HIS OLD STATION AT OCEANA, VIRGINIA BEACH, FOR A PERIOD OF REQUIRED ABSENCE FROM THAT PLACE OF OVER TEN HOURS UNTIL THE DAY HE FIRST REPORTED FOR TEMPORARY DUTY AT NEWPORT NEWS, AND HE IS ENTITLED TO PER DIEM ON AND AFTER THAT DATE. NO MILEAGE ALLOWANCE IS PAYABLE FOR THEIR TRAVEL BACK TO THEIR OLD STATIONS OR FOR THEIR SUBSEQUENT TRAVEL TO AND FROM NEWPORT NEWS, SINCE SUCH TRAVEL WAS PERFORMED FOR PERSONAL REASONS. SEE B-123540, FEBRUARY 8, 1956.

ACCORDINGLY, IF THE SUBMITTED VOUCHERS, RETURNED HEREWITH, ARE AMENDED TO PROVIDE FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING, PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.