B-126839, APRIL 5, 1956, 35 COMP. GEN. 548

B-126839, APRIL 5, 1956, 35 COMP. GEN. 548

SUBSISTENCE - PER DIEM - MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY DUTY - WITHIN METROPOLITAN AREA OF HOME DAILY TRAVEL BY A NAVAL OFFICER FROM THE PLACE WHERE HE WAS ORDERED TO ACTIVE DUTY TO HIS TEMPORARY DUTY STATION AND RETURN IS TRAVEL WITHIN THE IMMEDIATE VICINITY OF HIS DUTY STATION AND PRECLUDES PAYMENT OF PER DIEM, NOTWITHSTANDING THE PLACE FROM WHICH HE WAS ORDERED TO DUTY WAS NOT HIS PERMANENT ADDRESS, AND THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT FURNISHED.

TO R. L. CALLENDER, DEPARTMENT OF THE NAVY, APRIL 5, 1956:

BY LETTER OF JANUARY 26, 1956, THE ACTING JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF SEPTEMBER 15, 1955, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUBMITTED VOUCHER COVERING PER DIEM, STATED IN FAVOR OF LLOYD D. BEATTY, LIEUTENANT (JG), USN, FOR TEMPORARY DUTY PERFORMED BY HIM AT TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, DURING THE PERIOD FROM JULY 19 TO AUGUST 8, 1955.

IT IS SHOWN THAT WHILE RESIDING AT BERKELEY, CALIFORNIA, LIEUTENANT BEATTY WAS ORDERED BY THE COMMANDANT, TWELFTH NAVAL DISTRICT, TO REPORT AT THE U.S. NAVAL INFIRMARY, NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, ON JULY 18, 1955, FOR A PHYSICAL EXAMINATION PRELIMINARY TO HIS APPOINTMENT AS A LIEUTENANT (JG), UNITED STATES NAVY. HE WAS FOUND TO BE PHYSICALLY QUALIFIED AND ACCEPTED SUCH APPOINTMENT. ON JULY 19, 1955, HE REPORTED TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA, FOR TEMPORARY DUTY PENDING FURTHER ORDERS FROM THE BUREAU OF NAVAL PERSONNEL. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE FOR ASSIGNMENT TO HIM. YOU SAY THAT ACCORDING TO THE OFFICER'S BIOGRAPHY SHEET HIS PERMANENT ADDRESS IS CEDAR RAPIDS, IOWA, BUT HE WAS RESIDED IN BERKELEY, CALIFORNIA, SINCE SEPTEMBER 1954. BY ORDERS DATED AUGUST 3, 1955, LIEUTENANT BEATTY WAS DETACHED EFFECTIVE AUGUST 7, 1955, FROM TEMPORARY DUTY AT SAN FRANCISCO AND DIRECTED TO REPORT TO THE COMMANDING OFFICER, U.S.S. GENERAL A. E. ANDERSON (T-AP-111), FOR TEMPORARY DUTY FOR A PERIOD OF ABOUT 4 MONTHS AND FOR FURTHER ASSIGNMENT. HE REPORTED FOR DUTY ABOARD THAT VESSEL AS DIRECTED AT OAKLAND, CALIFORNIA, ON AUGUST 8, 1955.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY DUTY," UNDER VARIOUS DESIGNATED CIRCUMSTANCES, INCLUDING TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION. PARAGRAPH 3003 DEFINES THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION UPON APPOINTMENT OR CALL TO ACTIVE DUTY, GIVING THE OFFICER'S HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY THE STATUS OF A PERMANENT DUTY STATION FOR PER DIEM PURPOSES. ALSO, PARAGRAPH 6450 OF THESE REGULATIONS PROVIDES THAT EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE.

SINCE IT APPEARS THAT LIEUTENANT BEATTY WAS ACTUALLY RESIDING IN BERKELEY, CALIFORNIA, WHICH IS THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, AND CONTINUED TO RESIDE THERE DURING THE PERIOD OF TEMPORARY DUTY HERE INVOLVED, HIS DAILY TRAVEL FROM SUCH RESIDENCE IN BERKELEY TO HIS TEMPORARY DUTY STATION IN SAN FRANCISCO AND RETURN MUST BE CONSIDERED AS TRAVEL WITHIN THE IMMEDIATE VICINITY OF HIS DUTY STATION. HENCE, HE IS NOT ENTITLED TO PER DIEM FOR THE PERIOD CLAIMED. 34 COMP. GEN. 597. SINCE IN THIS CASE THE OFFICER'S RIGHT TO TRAVEL ALLOWANCE ACCRUED UNDER THE PROVISIONS OF PARAGRAPHS 3003 AND 3050, JOINT TRAVEL REGULATIONS, ON THE BASIS OF THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY," THE FACT THAT HIS PERMANENT ADDRESS AT THAT TIME WAS SHOWN AS CEDAR RAPIDS, IOWA, IS NOT MATERIAL. NOR DOES THE FACT THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE FOR ASSIGNMENT TO HIM CHANGE THE SITUATION, SINCE HE WAS NOT IN A TRAVEL STATUS.

ON THE FACTS SUBMITTED, THIS CASE IS DIFFERENT FROM THE ONE CONSIDERED IN DECISION OF FEBRUARY 8, 1956, B-123540. IN THAT CASE THE TEMPORARY DUTY DIRECTED PRIOR TO REPORTING TO THE NEW PERMANENT STATION WAS AT SUCH DISTANCE AND UNDER SUCH CONDITIONS THAT IT REQUIRED AN ABSENCE OF MORE THAN 10 HOURS A DAY AWAY FROM THE OFFICER'S RESIDENCE AT HIS OLD STATION, WHICH PUT HIM IN A TRAVEL PER DIEM STATUS ON THE BASIS RECOGNIZED IN EFFECT BY PARAGRAPH 4205-4 OF THE JOINT TRAVEL REGULATIONS. THAT IS NOT SHOWN TO BE THE SITUATION IN THE PRESENT CASE.

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