B-127359, MAR. 29, 1956

B-127359: Mar 29, 1956

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THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF MARCH 15. IT IS SHOWN THAT THE OFFICER WAS DETACHED AND LEFT HIS STATION AT NEWPORT. SUCH ORDERS WERE AMENDED BY COMAIRLANT DISPATCH ORDERS OF AUGUST 4. TEMPORARY DUTY UNDER INSTRUCTION WAS PERFORMED AT NEWPORT DURING THE PERIOD INVOLVED. A MEMBER IS ENTITLED TO PER DIEM WHILE IN TRAVEL STATUS AWAY FROM HIS PERMANENT DUTY STATION AND PARAGRAPH 3050-S. PROVIDES THAT A TRAVEL STATUS "WILL COMMENCE WITH DEPARTURE FROM PERMANENT DUTY STATION.'. AFTER A MEMBER IS DETACHED AND DEPARTS FROM HIS PERMANENT STATION UNDER ORDERS DIRECTING THE PERFORMANCE OF TEMPORARY DUTY PENDING ASSIGNMENT TO A NEW PERMANENT STATION. SUCH ORDERS ARE AMENDED TO REQUIRE A RETURN TO THE OLD STATION FOR THE PERFORMANCE OF TEMPORARY DUTY.

B-127359, MAR. 29, 1956

TO THE HONORABLE, THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF MARCH 15, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES) REQUESTING A DECISION AS TO THE RIGHT OF ENSIGN PETER J. RESSLER, USNR, TO PER DIEM ALLOWANCE DURING THE PERIOD AUGUST 15 TO SEPTEMBER 1, 1955, IN THE CIRCUMSTANCES DESCRIBED AND STATED VARIATIONS OF SUCH CIRCUMSTANCES.

IT IS SHOWN THAT THE OFFICER WAS DETACHED AND LEFT HIS STATION AT NEWPORT, RHODE ISLAND, PURSUANT TO ORDERS OF APRIL 29, 1955, DIRECTING HIM TO TRAVEL IN TURN TO JACKSONVILLE, FLORDIA, VIRGINIA BEACH, VIRGINIA, AND NEWPORT, RHODE ISLAND, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR VARYING PERIODS, AND THEN TO PROCEED TO NORFOLK, VIRGINIA, FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT. SUCH ORDERS WERE AMENDED BY COMAIRLANT DISPATCH ORDERS OF AUGUST 4, 1955, QUOTED IN FIFTH ENDORSEMENT OF AUGUST 12, 1955, TO DIRECT HIM TO PROCEED FROM NEWPORT AFTER COMPLETION OF THE ORDERED COURSE OF INSTRUCTION AT THAT PLACE AND REPORT TO HIS NEW PERMANENT STATION AT PATUXENT RIVER, MARYLAND. TEMPORARY DUTY UNDER INSTRUCTION WAS PERFORMED AT NEWPORT DURING THE PERIOD INVOLVED, AFTER HIS RETURN TO THAT PLACE AND BEFORE PROCEEDING TO PATUXENT RIVER.

A MEMBER IS ENTITLED TO PER DIEM WHILE IN TRAVEL STATUS AWAY FROM HIS PERMANENT DUTY STATION AND PARAGRAPH 3050-S, JOINT TRAVEL REGULATIONS, PROVIDES THAT A TRAVEL STATUS "WILL COMMENCE WITH DEPARTURE FROM PERMANENT DUTY STATION.' IF, AFTER A MEMBER IS DETACHED AND DEPARTS FROM HIS PERMANENT STATION UNDER ORDERS DIRECTING THE PERFORMANCE OF TEMPORARY DUTY PENDING ASSIGNMENT TO A NEW PERMANENT STATION, SUCH ORDERS ARE AMENDED TO REQUIRE A RETURN TO THE OLD STATION FOR THE PERFORMANCE OF TEMPORARY DUTY, HE IS REGARDED AS BEING IN A TRAVEL STATUS UPON HIS RETURN TO THE OLD STATION AND IS ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT THAT PLACE. DECISION OF JULY 1, 1948, B-66351. NO REASON IS PERCEIVED FOR A DIFFERENT VIEW WHERE THE TWO ORDERS ARE COMBINED IN ONE, IF HIS PERMANENT DUTY ASSIGNMENT AT THE OLD STATION IS, IN FACT, TERMINATED AT THAT TIME. IT MAY BE SUGGESTED, HOWEVER, IN THE INTEREST OF CONSERVING APPROPRIATED FUNDS, THAT IF A MEMBER IS TO RETURN TO THE OLD STATION AND IT IS KNOWN THAT HE HAD LIVING ACCOMMODATIONS AT THAT PLACE WHICH WILL BE USED BY HIS DEPENDENTS DURING HIS ABSENCE AND TO WHICH HE WILL RETURN AND THUS WILL INCUR ONLY NORMAL EXPENSES OF SUBSISTENCE WHEN HE RETURNS FOR FURTHER DUTY THERE, CONSIDERATION MIGHT WELL BE GIVEN TO DELAYING THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS UNTIL HIS FINAL DEPARTURE IS CONTEMPLATED.

CONCERNING THE INQUIRY AS TO WHETHER SUCH A SITUATION WOULD BE AFFECTED BY THE OFFICER'S RETENTION OR RELINQUISHMENT OF PRIVATE QUARTERS AT HIS OLD PERMANENT STATION OR BY BEING REQUIRED TO VACATE GOVERNMENT QUARTERS UPON HIS INITIAL DETACHMENT FROM DUTY AT THAT PLACE, YOU ARE ADVISED THAT SINCE A MEMBER'S RIGHT TO PER DIEM UNDER THE REGULATIONS IS DETERMINED ON THE BASIS OF WHETHER OR NOT HE IS IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY, THE QUARTERS SITUATION WHICH MIGHT EXIST AT A PARTICULAR PLACE WOULD NOT APPEAR TO ENTER INTO THE MATTER AS A DETERMINING FACTOR. HOWEVER, AS INDICATED ABOVE, SUCH MATTERS MAY WELL BE TAKEN INTO CONSIDERATION IN DECIDING WHETHER THE INITIAL ORDERS SHOULD DIRECT A PERMANENT CHANGE OF STATION OR WHETHER THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS SHOULD BE DEFERRED UNTIL AFTER THE OFFICER'S RETURN TO THE STATION.

IT IS CONCLUDED, ACCORDINGLY, THAT UNDER THE ORDERS HERE INVOLVED ENSIGN RESSLER IS ENTITLED TO PER DIEM DURING THE PERIOD OF TEMPORARY DUTY AT NEWPORT, PROPER DEDUCTIONS TO BE MADE, OF COURSE, FOR GOVERNMENT QUARTERS AND MESS AVAILABLE AT NEWPORT DURING THAT PERIOD. THE VOUCHER AND SUPPORT PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED.