B-127209, MAY 18, 1956, 35 COMP. GEN. 650

B-127209: May 18, 1956

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WHICH IS LOCATED WITHIN THE CORPORATE LIMITS OF NEW YORK CITY. RETURNED THE SAME DAY IS ONLY IN A TRAVEL STATUS FROM DEPARTURE AND RETURN TO LA GUARDIA FIELD. PER DIEM IS CLAIMED FOR THREE-FOURTHS OF A DAY UNDER PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS. FOR THE PURPOSE OF COMPUTING PER DIEM FOR FRACTIONAL PARTS OF A DAY SUBPARAGRAPH 5 OF THE CITED REGULATIONS PROVIDES THAT THE "TIMES WILL BE THE ACTUAL * * * TIMES THE MEMBER PHYSICALLY DEPARTS OR ARRIVES BY THE MODE OF TRANSPORTATION UTILIZED.'. PROVIDE THAT A TRAVEL STATUS "WILL COMMENCE WITH DEPARTURE FROM PERMANENT DUTY TATION" AND THAT IT "WILL TERMINATE WITH RETURN TO THE PERMANENT DUTY STATION.'. PARAGRAPH 4201-4 OF SUCH REGULATIONS STATES THAT PER DIEM IS NOT PAYABLE "FOR ANY PERIOD PRIOR TO * * * DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATIONS AS DEFINED IN PAR. 1150-10.'.

B-127209, MAY 18, 1956, 35 COMP. GEN. 650

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TRAVEL STATUS - TRAVEL FROM A NEW YORK CITY AIRPORT LIMOUSINE TERMINAL TO LA GUARDIA FIELD A MEMBER OF THE UNIFORMED SERVICES WHO, INCIDENT TO A TEMPORARY DUTY ASSIGNMENT IN RHODE ISLAND, TRAVELED FROM AN AIRPORT LIMOUSINE TERMINAL IN NEW YORK CITY, THE MEMBER'S PERMANENT STATION, TO LA GUARDIA FIELD, WHICH IS LOCATED WITHIN THE CORPORATE LIMITS OF NEW YORK CITY, AND RETURNED THE SAME DAY IS ONLY IN A TRAVEL STATUS FROM DEPARTURE AND RETURN TO LA GUARDIA FIELD, AND, THEREFORE, THE TRAVEL TIME FROM THE LIMOUSINE TERMINAL TO THE AIRPORT AND RETURN MAY NOT BE INCLUDED TO EXTEND THE PERIOD OF ABSENCE FROM HIS DUTY STATION FOR ENTITLEMENT TO PER DIEM IN EXCESS OF 10 HOURS.

TO D. N. COBA, DEPARTMENT OF THE NAVY, MAY 18, 1956:

BY LETTER OF MARCH 1, 1956, THE OFFICE OF THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF FEBRUARY 2, 1956, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYING A FRACTIONAL PER DIEM TO JOHN J. MACEACHIN, SKI, USN, UNDER THE CIRCUMSTANCES STATED BELOW.

IT APPEARS THAT THE ENLISTED MAN LEFT LA GUARDIA FIELD BY COMMERCIAL AIRCRAFT AT 9:10 A.M. ON OCTOBER 11, 1955, FOR PROVIDENCE, RHODE ISLAND, AND RETURNED TO THAT AIR TERMINAL AT 6:35 P.M. ON THE SAME DAY PURSUANT TO ORDERS OF OCTOBER 10, 1955, DIRECTING TRAVEL FROM HIS STATION AT NEW YORK, NEW YORK, TO DAVISVILLE, RHODE ISLAND, FOR THE PERFORMANCE OF TEMPORARY DUTY, AND RETURN. PER DIEM IS CLAIMED FOR THREE-FOURTHS OF A DAY UNDER PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS, ON THE BASIS THAT TRAVEL TIME FROM THE AIR CARRIER'S LIMOUSINE SERVICE TERMINAL ON 42D STREET IN NEW YORK CITY TO LA GUARDIA FIELD, AND RETURN, PLUS THE TIME WHICH ELAPSED BETWEEN HIS DEPARTURE FROM AND RETURN TO LA GUARDIA FIELD, EXCEEDED TEN HOURS AND THUS AUTHORIZED PAYMENT OF PER DIEM UNDER THE TEN-HOUR RULE OF SUBPARAGRAPH 4 OF SUCH REGULATIONS.

FOR THE PURPOSE OF COMPUTING PER DIEM FOR FRACTIONAL PARTS OF A DAY SUBPARAGRAPH 5 OF THE CITED REGULATIONS PROVIDES THAT THE "TIMES WILL BE THE ACTUAL * * * TIMES THE MEMBER PHYSICALLY DEPARTS OR ARRIVES BY THE MODE OF TRANSPORTATION UTILIZED.' PARAGRAPHS 3050-2 AND 3, JOINT TRAVEL REGULATIONS, PROVIDE THAT A TRAVEL STATUS "WILL COMMENCE WITH DEPARTURE FROM PERMANENT DUTY TATION" AND THAT IT "WILL TERMINATE WITH RETURN TO THE PERMANENT DUTY STATION.' PARAGRAPH 4201-4 OF SUCH REGULATIONS STATES THAT PER DIEM IS NOT PAYABLE "FOR ANY PERIOD PRIOR TO * * * DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATIONS AS DEFINED IN PAR. 1150-10.' PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 AS INCLUDING THE "CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.'

SINCE THE ENLISTED MAN WAS STATIONED IN NEW YORK CITY AND IT IS REPORTED THAT LA GUARDIA FIELD IS LOCATED WITHIN THE CORPORATE LIMITS OF THAT PLACE, HIS TRAVEL STATUS BEGAN AND ENDED UPON HIS DEPARTURE FROM AND RETURN TO LA GUARDIA FIELD. IT THUS APPEARING THAT HE WAS ABSENT FROM HIS STATION FOR LESS THAN TEN HOURS, NO RIGHT TO PER DIEM ACCRUED TO HIM. THE FACT THAT THE CARRIER HAD A LIMOUSINE TERMINAL MORE CENTRALLY LOCATED THAN LA GUARDIA FIELD, AT WHICH TRANSPORTATION COULD BE, AND APPARENTLY WAS, SECURED TO AND FROM THE AIR TERMINAL, IS WITHOUT SIGNIFICANCE, SINCE ALL SUCH TRAVEL WAS WITHIN THE LIMITS OF HIS DUTY STATION AND COULD HAVE BEEN ACCOMPLISHED BY OTHER MEANS OF TRANSPORTATION SUCH AS A TAXICAB OR PRIVATELY OWNED CONVEYANCE.

CONCERNING THE DECISION IN 31 COMP. GEN. 442, WHICH CONSIDERED REGULATIONS APPLICABLE TO TRAVEL BY CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT SIMILAR TO PARAGRAPH 4205-5 OF THE JOINT TRAVEL REGULATIONS, THE CONCLUSION THAT THE TRAVELER'S TRAVEL STATUS CONTINUED UNTIL HIS ARRIVAL AT THE DISCHARGE POINT OF THE LIMOUSINE SERVICE AT THE STATLER HOTEL IN WASHINGTON, D.C., WAS BASED ON THE FACT THAT THE NATIONAL AIRPORT, SERVED BY THE LIMOUSINE SERVICE, WAS LOCATED OUTSIDE THE CITY OF WASHINGTON.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER AND THE ATTACHED PAPERS--- NOT INCLUDING HIS ORIGINAL ORDERS--- WILL BE RETAINED HERE.