B-127628, JUN. 25, 1956

B-127628: Jun 25, 1956

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THE OFFICER WAS DIRECTED TO PROCEED FROM HIS STATION AT MARINE CORPS AIR STATION. THAT THE RETURN FLIGHT TO CHERRY POINT WAS MADE ON MARCH 13. HE HAS CERTIFIED THAT GOVERNMENT QUARTERS WERE AVAILABLE DURING THE PERIOD INVOLVED AND SINCE PER DIEM IS NOT CLAIMED FOR THE FIELD DUTY AT CAMP VIEQUES. IT IS ASSUMED THAT RATIONS IN KIND ALSO WERE AVAILABLE AT THAT PLACE. PER DIEM IS CLAIMED AT THE $9 RATE FOR NOVEMBER 14. THE FACTS INVOLVED ARE SIMILAR IN MANY RESPECTS TO THOSE CONSIDERED IN 34 COMP. GEN. 549 AND THE SAME 10-HOUR RULE IS APPLICABLE HERE FOR THE DAYS TEMPORARY DUTY WAS PERFORMED AT CAMP LEJEUNE. SINCE HE WAS ABSENT FROM HIS STATION OR HOME LESS THAN 10 HOURS ON THAT DAY. ARE APPLICABLE ON CERTAIN DAYS.

B-127628, JUN. 25, 1956

TO MR. E. R. NASIN, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF APRIL 16, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF APRIL 12, 1956, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF LIEUTENANT COLONEL ALEXANDER M. HEARN, USMC, TO PER DIEM UNDER THE CIRCUMSTANCES DISCUSSED BELOW.

BY ORDERS OF NOVEMBER 12, 1955, AS AMENDED BY ORDERS ISSUED ON THE FOLLOWING DAY, THE OFFICER WAS DIRECTED TO PROCEED FROM HIS STATION AT MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, TO CAMP LEJEUNE, NORTH CAROLINA, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH "TRAEX 1- 56," AND UPON COMPLETION TO RETURN TO HIS STATION AND RESUME HIS REGULAR DUTIES, IT BEING STATED THAT TEMPORARY ADDITIONAL DUTY TO BE PERFORMED ON THE ISLAND OF VIEQUES, PUERTO RICO, OR AT THE NAVAL AIR STATION, ROOSEVELT ROADS, PUERTO RICO, AS A PARTICIPANT IN "TRAEX 1-56," WOULD CONSTITUTE FIELD DUTY WITHIN THE PURVIEW OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS.

HE STATES THAT HE LEFT HIS STATION SHORTLY AFTER NOON ON NOVEMBER 14, 1955, AND PROCEEDED BY PRIVATELY OWNED CONVEYANCE TO CAMP LEJEUNE; THAT HE RETURNED TO CHERRY POINT AT 5:45 P.M. ON FEBRUARY 28, 1956, AND PROCEEDED TO CAMP VIEQUES, PUERTO RICO, BY GOVERNMENT AIRCRAFT ON THE FOLLOWING DAY; THAT THE RETURN FLIGHT TO CHERRY POINT WAS MADE ON MARCH 13; AND THAT HE LEFT THE LATTER PLACE AT 6:15 A.M. THE NEXT DAY FOR CAMP LEJEUNE AND RETURNED AT 5:00 P.M. ON MARCH 16, 1956. HE STATES FURTHER THAT WHILE ON TEMPORARY DUTY AT CAMP LEJEUNE, HE RETURNED TO HIS HOME AT HAVELOCK, NORTH CAROLINA (NEAR CHERRY POINT), EACH NIGHT, A DISTANCE OF 45 MILES, HIS ABSENCE FROM HIS HOME BEING IN EXCESS OF TEN HOURS, BUT LESS THAN 12 HOURS, EACH DAY, AND THAT HE REMAINED IN THE VICINITY OF HIS HOME ON SATURDAYS AND SUNDAYS AND ON NOVEMBER 24, NOVEMBER 25, AND DECEMBER 26, JANUARY 2, AND FEBRUARY 22. HE HAS CERTIFIED THAT GOVERNMENT QUARTERS WERE AVAILABLE DURING THE PERIOD INVOLVED AND SINCE PER DIEM IS NOT CLAIMED FOR THE FIELD DUTY AT CAMP VIEQUES, IT IS ASSUMED THAT RATIONS IN KIND ALSO WERE AVAILABLE AT THAT PLACE. PER DIEM IS CLAIMED AT THE $9 RATE FOR NOVEMBER 14, AT THE $6 RATE FOR THE PERIOD NOVEMBER 15, 1955, TO FEBRUARY 27, 1956, AND FOR MARCH 15 AND 16, 1956, UNDER PARAGRAPH 4205 6C/2), JOINT TRAVEL REGULATIONS, AND AT THE $13 RATE FOR PUERTO RICO FOR FEBRUARY 29, 1956.

THE FACTS INVOLVED ARE SIMILAR IN MANY RESPECTS TO THOSE CONSIDERED IN 34 COMP. GEN. 549 AND THE SAME 10-HOUR RULE IS APPLICABLE HERE FOR THE DAYS TEMPORARY DUTY WAS PERFORMED AT CAMP LEJEUNE. NO RIGHT TO PER DIEM ACCRUED FOR THE DAYS SPENT AT OR IN THE VICINITY OF HIS HOME, NOR FOR NOVEMBER 14, SINCE HE WAS ABSENT FROM HIS STATION OR HOME LESS THAN 10 HOURS ON THAT DAY. SEE PARAGRAPH 4205-4, JOINT TRAVEL REGULATIONS. AS TO THE RATE OF PER DIEM, THE RATES CLAIMED INDICATE A BELIEF THAT PARAGRAPHS 4205-6A AND B OF SUCH REGULATIONS, RELATING TO TRAVEL BY ALL MODES OF TRANSPORTATION AND FOR THE DAY OF ARRIVAL AT A POINT OF TEMPORARY DUTY, RESPECTIVELY, ARE APPLICABLE ON CERTAIN DAYS. HOWEVER, THE RATES THERE PRESCRIBED ARE NOT PAYABLE WHEN A MEMBER DEPARTS FROM AND RETURNS TO HIS STATION ON THE SAME DAY. ON SUCH DAYS "ONE-FOURTH OF THE AUTHORIZED PER DIEM RATE WILL BE ALLOWED FOR EACH QUARTER OF THE CALENDAR DAY OR FRACTION THEREOF DURING WHICH A TRAVEL STATUS EXISTS" (PARAGRAPH 4205-2, JOINT TRAVEL REGULATIONS), PROVIDED OF COURSE, THAT THE MEMBER IS ABSENT FROM HIS STATION MORE THAN 10 HOURS.

ACCORDINGLY, THE OFFICER IS ENTITLED TO ONE-HALF THE $9 PER DIEM RATE PRESCRIBED IN PARAGRAPH 4205-6A OF THE JOINT TRAVEL REGULATIONS, FOR EACH DAY OF TEMPORARY ADDITIONAL DUTY AT CAMP LEJEUNE, NOT INCLUDING NOVEMBER 14. AS TO FEBRUARY 29, PARAGRAPH 4208, JOINT TRAVEL REGULATIONS, PROVIDES THAT FOR THE DAY OF ARRIVAL OR DEPARTURE FROM A PORT OF EMBARKATION OR DEBARKATION IN THE UNITED STATES IN CONNECTION WITH TRAVEL TO OR FROM OVERSEAS, THE PER DIEM RATE APPLICABLE TO THE MEMBER AT MIDNIGHT WILL BE PAYABLE FOR THAT DAY. INASMUCH AS PER DIEM WAS NOT PAYABLE FOR THE FIELD DUTY PERFORMED AT CAMP VIEQUES, PUERTO RICO, AND HE TRAVELED FROM CHERRY POINT, NORTH CAROLINA, TO THAT PLACE ON FEBRUARY 29, NO RIGHT TO PER DIEM ACCRUED FOR THAT DAY.

IF THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AMENDED IN ACCORDANCE WITH THE FOREGOING, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.