B-127567, JUN 8, 1956

B-127567: Jun 8, 1956

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MAY BE CREDITED FOREIGN DUTY PAY FOR TIME SPENT OUTSIDE THE CONTINENTAL UNITED STATES WHILE ABSENT ON LEAVE FROM THE OVERSEAS COMMAND IN WHICH HIS STATION IS LOCATED. IT IS STATED THAT HE TRAVELED TO JAPAN BY GOVERNMENT AIRCRAFT VIA MCCHORD AIR FORCE BASE. PROVIDES THAT ENLISTED MEMBERS ASSIGNED TO FOREIGN DUTY ARE ENTITLED TO FOREIGN DUTY PAY "FOR PERIODS OF AUTHORIZED LEAVE WHILE IN A PAY STATUS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES". THAT SUCH PAY WILL NOT BE CREDITED FOR ANY PERIOD A MEMBER IS "ON LEAVE WITHIN THE CONTINENTAL UNITED STATES.". IS ON AUTHORIZED LEAVE FROM HIS DUTY STATION IN A PAY STATUS. WOULD NOT AFFECT HIS RIGHT TO FOREIGN DUTY PAY EXCEPT FOR THE NUMBER OF DAYS HE IS REGARDED AS BEING IN THE UNITED STATES UNDER RULES PRESCRIBED IN PARAGRAPH 9 OF SUCH REGULATIONS.

B-127567, JUN 8, 1956

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL J. L. WHIPPLE, FINANCE AND ACCOUNTING OFFICER:

THROUGH OFFICE OF THE CHIEF OF FINANCE

DEPARTMENT OF THE ARMY

BY SECOND INDORSEMENT OF APRIL 11, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MARCH 2, 1956, FOR ADVANCE DECISION AS TO WHETHER DAVID D. AMREN, SP3, MAY BE CREDITED FOREIGN DUTY PAY FOR TIME SPENT OUTSIDE THE CONTINENTAL UNITED STATES WHILE ABSENT ON LEAVE FROM THE OVERSEAS COMMAND IN WHICH HIS STATION IS LOCATED.

LETTER ORDERS OF NOVEMBER 29, 1955, AUTHORIZED THE ENLISTED MAN TO PROCEED FROM HIS STATION AT FORT RICHARDSON, ALASKA, ON OR ABOUT DECEMBER 15, 1955, TO JAPAN, FOR THE PURPOSE OF 30 DAYS' ORDINARY LEAVE, TRAVEL BEING AUTHORIZED BY COMMERCIAL AIR OR MILITARY AIR OR VESSEL ON A SPACE AVAILABLE BASIS. IT IS STATED THAT HE TRAVELED TO JAPAN BY GOVERNMENT AIRCRAFT VIA MCCHORD AIR FORCE BASE, WASHINGTON, AND TRAVIS AIR FORCE BASE, CALIFORNIA, AND RETURNED TO HIS STATION OVER THE SAME ROUTE AND BY THE SAME MEANS OF TRANSPORTATION.

PARAGRAPH 8, ARMY REGULATIONS 35-1230, APRIL 8, 1954, PROVIDES THAT ENLISTED MEMBERS ASSIGNED TO FOREIGN DUTY ARE ENTITLED TO FOREIGN DUTY PAY "FOR PERIODS OF AUTHORIZED LEAVE WHILE IN A PAY STATUS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES", BUT THAT SUCH PAY WILL NOT BE CREDITED FOR ANY PERIOD A MEMBER IS "ON LEAVE WITHIN THE CONTINENTAL UNITED STATES." SUCH REGULATIONS AUTHORIZE THE PAYMENT OF FOREIGN DUTY PAY FOR ALL PERIODS AN ENLISTED MAN ASSIGNED TO FOREIGN DUTY, IS ON AUTHORIZED LEAVE FROM HIS DUTY STATION IN A PAY STATUS, EXCEPT PERIODS OF LEAVE SPENT WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES. THE FACT THAT AN ENLISTED MAN PROCEEDS FROM HIS FOREIGN DUTY STATION TO ANOTHER PLACE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES ON LEAVE VIA A ROUTE WHICH PASSES THROUGH THE UNITED STATES, WOULD NOT AFFECT HIS RIGHT TO FOREIGN DUTY PAY EXCEPT FOR THE NUMBER OF DAYS HE IS REGARDED AS BEING IN THE UNITED STATES UNDER RULES PRESCRIBED IN PARAGRAPH 9 OF SUCH REGULATIONS.

ACCORDINGLY, THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE MILITARY PAY ORDER AND ATTACHED PAPERS FORWARDED WITH YOUR LETTER ARE RETURNED.