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B-126792, MAR 26, 1956

B-126792 Mar 26, 1956
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PRECIS-UNAVAILABLE SECRETARY OF DEFENSE: IT IS UNDERSTOOD THAT REGULATIONS OF THE MILITARY SERVICES ARE BEING INTERPRETED IN SUCH MANNER AS TO PERMIT ENLISTED MEMBERS SERVING ON DUTY OUTSIDE THE UNITED STATES TO BE CREDITED WITH A PORTION OF THE DAILY BASIC ALLOWANCE FOR SUBSISTENCE FOR THAT FRACTIONAL PART OF THE DAY PRIOR TO COMMENCEMENT OF AND SUBSEQUENT TO THE TERMINATION OF A TRAVEL STATUS. DESPITE THE FACT THAT THE OVERSEAS TRAVEL PER DIEM ALLOWANCE IS PAYABLE AT THE FULL RATE FOR EACH DAY THAT A MEMBER IS IN A TRAVEL STATUS. ENLISTED MEN ARE AUTHORIZED PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE. EXCEPT THAT SUCH ALLOWANCE DOES NOT ACCRUE WHILE THEY ARE BEING SUBSISTED AT GOVERNMENT EXPENSE.

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B-126792, MAR 26, 1956

PRECIS-UNAVAILABLE

SECRETARY OF DEFENSE:

IT IS UNDERSTOOD THAT REGULATIONS OF THE MILITARY SERVICES ARE BEING INTERPRETED IN SUCH MANNER AS TO PERMIT ENLISTED MEMBERS SERVING ON DUTY OUTSIDE THE UNITED STATES TO BE CREDITED WITH A PORTION OF THE DAILY BASIC ALLOWANCE FOR SUBSISTENCE FOR THAT FRACTIONAL PART OF THE DAY PRIOR TO COMMENCEMENT OF AND SUBSEQUENT TO THE TERMINATION OF A TRAVEL STATUS, DESPITE THE FACT THAT THE OVERSEAS TRAVEL PER DIEM ALLOWANCE IS PAYABLE AT THE FULL RATE FOR EACH DAY THAT A MEMBER IS IN A TRAVEL STATUS.

UNDER THE PROVISIONS OF SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AND SECTION 3(C) OF EXECUTIVE ORDER NO. 10119 DATED MARCH 27, 1950, ENLISTED MEN ARE AUTHORIZED PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE, EXCEPT THAT SUCH ALLOWANCE DOES NOT ACCRUE WHILE THEY ARE BEING SUBSISTED AT GOVERNMENT EXPENSE, INCLUDING PERIODS WHEN THEY ARE IN A TRAVEL STATUS AND ARE ENTITLED TO A PER DIEM ALLOWANCE. PARAGRAPH 4253- 1 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF A PER DIEM ALLOWANCE FOR EACH DAY A TRAVEL STATUS EXISTS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, IRRESPECTIVE OF THE TIME OF DEPARTURE OR ARRIVAL.

IT WAS HELD IN 32 COMP. GEN. 352 THAT WHEN ENLISTED MEMBERS ARE IN A TRAVEL STATUS AND ENTITLED TO A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE FOR A PORTION OF A DAY, THE BASIC ALLOWANCE FOR SUBSISTENCE MAY BE PRORATED FOR THE REMAINING PORTION OF SUCH DAY, PROVIDED THAT SUCH PRORATING IS REGULATED BY APPROPRIATE ADMINISTRATIVE REGULATIONS FIXING REASONABLE DIVISIONS OF A DAY.

REGULATIONS OF THE MILITARY SERVICES PROVIDE THAT ENLISTED MEN ENTITLED TO RECEIVE BASIC ALLOWANCE FOR SUBSISTENCE WHILE IN A NONTRAVEL STATUS WILL, FOR THAT PORTION OF THE DAY PRIOR TO COMMENCEMENT AND SUBSEQUENT TO TERMINATION OF A TRAVEL STATUS, BE AUTHORIZED A PORTION OF THE APPROPRIATE BASIC ALLOWANCE FOR SUBSISTENCE PROVIDED THAT AUTHORITY FOR SUCH ALLOWANCE REMAINS IN EFFECT. THESE REGULATIONS FURTHER PROVIDE THAT IF TRAVEL COMMENCES BEFORE 0600, 1200, 1800, OR AFTER 1800, THE MEMBERS WILL BE AUTHORIZED NONE, ONE-THIRD, TWO-THIRDS, OR ALL, RESPECTIVELY, OF THE DAILY BASIC ALLOWANCE FOR SUBSISTENCE, AND THAT THESE AMOUNTS WILL BE REVERSED WHEN TRAVEL STATUS TERMINATES DURING SUCH PERIODS OF THE DAY. SEE IN THIS CONNECTION PARAGRAPH 20101-F, AIR FORCE MANUAL 173-20, PARAGRAPHS 044025- 3C AND F, NAVY COMPTROLLER MANUAL, PARAGRAPHS 5B AND C, ARMY REGULATIONS 35-1460 AND PARAGRAPH 78411-3, MARINE CORPS MANUAL.

IT APPEARS THAT THE OBJECT OF PRORATING THE DAILY RATE OF BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED MEN IS TO PRECLUDE THE PAYMENT OF A TRAVEL PER DIEM ALLOWANCE AND A BASIC ALLOWANCE FOR SUBSISTENCE FOR THE SAME MEALS. IN THE UNITED STATES, WHERE ENTITLEMENT TO TRAVEL PER DIEM ALLOWANCE COMMENCES AND ENDS SIMULTANEOUSLY WITH DEPARTURE FROM AND RETURN TO THE PERMANENT STATION, THIS OBJECTIVE CAN BE ACCOMPLISHED BY APPLYING THE INSTRUCTIONS CONTAINED IN REGULATIONS OF THE MILITARY SERVICES. OVERSEAS AREAS, HOWEVER, PRORATION OF THE DAILY ALLOWANCE FOR SUBSISTENCE TO ENLISTED MEMBERS ON DUTY AT A PLACE WHERE GOVERNMENT MESSING FACILITIES ARE NOT AVAILABLE RESULTS IN A MEMBER RECEIVING THE FULL PER DIEM ALLOWANCE AND A PORTION OF THE BASIC ALLOWANCE FOR SUBSISTENCE FOR THE SAME DAY. HENCE, WE ARE OF THE OPINION THAT CURRENT REGULATIONS OF THE MILITARY SERVICES RELATING TO THE PRORATING OF DAILY BASIC ALLOWANCE FOR SUBSISTENCE PRIOR TO DEPARTURE FROM AND SUBSEQUENT TO RETURN TO DUTY STATION ARE NOT APPROPRIATE FOR OVERSEAS AREAS. IF SUCH REGULATIONS WERE INTENDED TO BE APPLICABLE TO OVERSEAS AREAS, THEY ARE CONTRARY TO THE EXPRESS PROVISIONS OF SECTION 301 OF THE CAREER COMPENSATION ACT WHICH BAR PAYMENT OF THE BASIC ALLOWANCE FOR SUBSISTENCE WHILE ENLISTED PERSONS "ARE, IN FACT, BEING SUBSISTED AT GOVERNMENT EXPENSE."

AN EXPRESSION OF YOUR VIEWS ON THIS MATTER WILL BE APPRECIATED. IF YOU CONCUR IN OUR OPINION, IT IS SUGGESTED THAT THE REGULATIONS BE AMENDED IN SUCH MANNER AS TO PRECLUDE PAYMENT OF ANY PART OF THE BASIC ALLOWANCE FOR SUBSISTENCE FOR ANY DAYS ON WHICH A FULL PER DIEM ALLOWANCE IS PAID FOR TRAVEL OVERSEAS.

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