B-127656, JUL. 3, 1956

B-127656: Jul 3, 1956

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IT IS STATED THAT THE OFFICER TRAVELED TO CORPUS CHRISTI. IT BEING STATED THAT ADVANCE MILEAGE AT THE RATE OF 6 CENTS PER MILE WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4150. HE WAS TO REPORT TO THE COMMANDING OFFICER. HE WOULD STAND DETACHED "FROM YOUR PRESENT STATION AND DUTIES" AND THAT HE WAS TO PROCEED TO EL TORO (SANTA ANA). SUCH DETACHMENT WAS ACCOMPLISHED BY THIRD ENDORSEMENT OF JULY 27. IT IS REPORTED THAT HE PERFORMED DUTY AT CORPUS CHRISTI FROM FEBRUARY 16 TO APRIL 6. THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE DURING THE PERIODS INVOLVED. WERE ISSUED. PROVIDED THAT WHERE A MEMBER WAS ASSIGNED OR TRANSFERRED UNDER PERMANENT CHANGE OF STATIONS ORDERS. THE TOTAL OR AGGREGATE DURATION OF WHICH IS 20 WEEKS OR MORE.

B-127656, JUL. 3, 1956

TO MR. RAY WOODS, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF APRIL 10, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF APRIL 5, 1956, REQUESTING AN ADVANCE DECISION AS TO THE ENTITLEMENT OF FIRST LIEUTENANT THEORDORE E. MULLER, USMCR, TO PER DIEM FOR THE PERIOD OF TIME SPENT BY HIM AT CORPUS CHRISTI AND KINGSVILLE, TEXAS.

IT IS STATED THAT THE OFFICER TRAVELED TO CORPUS CHRISTI, TEXAS, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS OF FEBRUARY 3, 1955, DETACHING HIM FROM STATION AND DUTIES AT THE NAVAL AIR STATION, PENSACOLA, FLORIDA, AND DIRECTING HIM TO PROCEED TO THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, AND REPORT TO THE CHIEF, NAVAL AIR ADVANCED TRAINING, FOR DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONS OR TRAINING FLIGHTS FOR A PERIOD IN EXCESS OF 20 WEEKS, IT BEING STATED THAT ADVANCE MILEAGE AT THE RATE OF 6 CENTS PER MILE WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4150, ITEM 1, JOINT TRAVEL REGULATIONS. SECOND ENDORSEMENT OF FEBRUARY 14, 1955, ON SUCH ORDERS, BY THE CHIEF OF NAVAL AIR ADVANCED TRAINING, STATED THAT HE REPORTED TO CORPUS CHRISTI ON FEBRUARY 11, AND DIRECTED HIM TO REPORT TO THE COMMANDING OFFICER, NAVAL AIR STATION, CORPUS CHRISTI, FOR TEMPORARY DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS IN THE ADVANCED INSTRUCTION COURSE, UPON COMPLETION OF WHICH, AND WHEN DIRECTED BY HIS COMMANDING OFFICER, HE WAS TO REPORT TO THE COMMANDING OFFICER, NAVAL AUXILIARY AIR STATION, KINGSVILLE, TEXAS, FOR TEMPORARY DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS IN VF TRAINING. CHANGE OF STATION ORDERS DATED JULY 14, 1955, FROM THE COMMANDANT OF THE MARINE CORPS, ADDRESSED TO THE OFFICER AT KINGSVILLE, VIA THE COMMANDING OFFICER, MARINE BARRACKS, NAVAL AIR ADVANCED TRAINING COMMAND AT CORPUS CHRISTI, STATED THAT UPON COMPLETION OF DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS, AND WHEN DIRECTED BY THE COMMANDING OFFICER AT THE NAVAL AIR ADVANCED TRAINING COMMAND, HE WOULD STAND DETACHED "FROM YOUR PRESENT STATION AND DUTIES" AND THAT HE WAS TO PROCEED TO EL TORO (SANTA ANA), CALIFORNIA, FOR ASSIGNMENT TO HIS NEW DUTY STATION. BY FIRST ENDORSEMENT OF JULY 18, 1955, ON THE LATTER ORDERS, SUCH COMMANDING OFFICER DIRECTED HIM TO REPORT TO THAT COMMAND AT CORPUS CHRISTI UPON COMPLETION OF HIS DUTIES UNDER INSTRUCTION IN A FLYING STATUS "FOR FURTHER DETACHMENT" IN ACCORDANCE WITH HIS BASIC ORDERS. SUCH DETACHMENT WAS ACCOMPLISHED BY THIRD ENDORSEMENT OF JULY 27, 1955.

IT IS REPORTED THAT HE PERFORMED DUTY AT CORPUS CHRISTI FROM FEBRUARY 16 TO APRIL 6, 1955; THAT HE PROCEEDED TO KINGSVILLE ON APRIL 7, AND RETURNED TO CORPUS CHRISTI ON JULY 19; THAT HE DEPARTED FROM THE LATTER PLACE ON JULY 27, 1955, EN ROUTE TO SANTA ANA, CALIFORNIA; AND THAT BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE DURING THE PERIODS INVOLVED.

PARAGRAPH 1150-10B, CHANGE 27, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME THE ORDERS OF FEBRUARY 3, 1955, WERE ISSUED, PROVIDED THAT WHERE A MEMBER WAS ASSIGNED OR TRANSFERRED UNDER PERMANENT CHANGE OF STATIONS ORDERS, TO A SCHOOL OR INSTALLATION, OR SUCCESSIVE SCHOOLS OR INSTALLATIONS, AS A STUDENT, TO PURSUE A COURSE OF INSTRUCTION, THE TOTAL OR AGGREGATE DURATION OF WHICH IS 20 WEEKS OR MORE, EACH SUCH SCHOOL OR INSTALLATION WHERE THE COURSE IS TO BE OF FOUR WEEKS OR MORE DURATION,"IS DEFINED TO BE A PERMANENT DUTY STATION.' WHILE THE VALIDITY OF SUCH REGULATIONS, AS THEY RELATED TO SUCCESSIVE SCHOOLS, WAS QUESTIONED IN OUR DECISION OF NOVEMBER 29, 1954, 34 COMP. GEN. 260, IT HAS BEEN HELD THAT WHEN A MEMBER IS PERMANENTLY DETACHED FROM HIS OLD STATION AND IS ORDERED TO PROCEED TO A MILITARY INSTALLATION ON PERMANENT CHANGE OF STATION FOR A COURSE OF INSTRUCTION OF MORE THAN 20 WEEKS, PART OF WHICH WAS TO BE CONDUCTED AT DIFFERENT PLACES WITHIN A DISTANCE OF 500 MILES FROM THE MILITARY INSTALLATION, THAT PLACE WOULD BE REGARDED AS HIS NEW PERMANENT STATION. SEE DECISION OF JANUARY 18, 1956, B-125493.

SINCE THE ORDERS OF FEBRUARY 3, 1955, PERMANENTLY DETACHED THE OFFICER FROM DUTY AT HIS OLD STATION AND DIRECTED HIM TO PROCEED TO CORPUS CHRISTI ON A PERMANENT CHANGE OF STATION FOR A COURSE OF INSTRUCTION OF OVER 20 WEEKS, THE LATTER PLACE BECAME HIS NEW PERMANENT STATION AND NO RIGHT TO PER DIEM ACCRUED TO HIM FOR THE DUTY THERE PERFORMED. WHILE IT IS NOT SHOWN WHETHER OR NOT THE TEMPORARY DUTY AT KINGSVILLE WAS PART OF THE COURSE OF INSTRUCTION MENTIONED IN THOSE ORDERS, OR WHETHER IT LATER WAS DECIDED TO SEND HIM TO THAT PLACE FOR TEMPORARY DUTY UNDER INSTRUCTION AFTER HE ARRIVED AT CORPUS CHRISTI, IT APPEARS THAT HE IS ENTITLED TO PER DIEM FOR THE TRAVEL TIME FROM CORPUS CHRISTI TO KINGSVILLE, AND RETURN, AND TEMPORARY DUTY AT THE LATTER PLACE, SINCE HE WAS IN A TRAVEL STATUS AWAY FROM HIS STATION IN EITHER EVENT. WHILE THE SECOND ENDORSEMENT OF FEBRUARY 14, 1955, DID NOT DIRECT HIM TO RETURN TO CORPUS CHRISTI AFTER THE COMPLETION OF TEMPORARY DUTY AT KINGSVILLE, NEITHER DID IT DIRECT HIS DETACHMENT FROM DUTY AT CORPUS CHRISTI AND, IN VIEW OF THE CIRCUMSTANCES, IT APPEARS THAT IT WAS CONTEMPLATED THAT CORPUS CHRISTI WOULD CONTINUE TO BE HIS PERMANENT STATION UNTIL HIS DUTY UNDER INSTRUCTION IN FLYING STATUS WAS COMPLETED AND HE DEPARTED FOR HIS NEXT DUTY ASSIGNMENT. HENCE, HE WAS NOT ENTITLED TO PER DIEM AFTER HIS RETURN TO CORPUS CHRISTI.

THE SUBMITTED VOUCHER CALLS FOR PAYMENT OF PER DIEM AT THE RATE OF $5 FOR APRIL 7 AND $9 FOR JULY 19, 1955. SINCE THOSE TWO DAYS WERE THE DAYS OF DEPARTURE FROM AND RETURN TO THE OFFICER'S STATION, THE FRACTIONAL PER DIEM PROVISIONS OF PARAGRAPH 4205-2 OF THE JOINT TRAVEL REGULATIONS ARE APPLICABLE. WHILE THE RATE HAD BEEN INCREASED TO $12 PER DAY FOR COURSES OF INSTRUCTION BEFORE JULY 19, THAT RATE WOULD BE APPLICABLE UNDER SUBPARAGRAPH 6 OF THE CITED REGULATIONS, ONLY IF HE HAD BEEN IN A TRAVEL STATUS AT A PLACE WHERE THAT RATE WAS PAYABLE AT 12 MIDNIGHT OF THAT DAY. THE AMOUNTS CLAIMED AS PER DIEM FOR THESE DAYS SHOULD BE REDUCED ACCORDINGLY.

IT IS NOTED THAT HE WAS PAID MILEAGE AT THE RATE OF 6 CENTS PER MILE FOR HIS TRAVEL FROM KINGSVILLE TO CORPUS CHRISTI. PAYMENT AT THAT RATE IS AUTHORIZED UNDER PARAGRAPH 4150-1, JOINT TRAVEL REGULATIONS, ONLY FOR TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION. SINCE HE WAS PERMANENTLY STATIONED AT CORPUS CHRISTI DURING THE PERIOD INVOLVED, MILEAGE FOR ANY TEMPORARY DUTY TRAVEL PERFORMED BY HIM AWAY FROM THAT PLACE, IS PAYABLE AT THE RATE OF 5 CENTS PER MILE UNDER PARAGRAPH 4203-3A OF SUCH REGULATIONS.

ACCORDINGLY, IF PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS MADE IN ACCORDANCE WITH THE FOREGOING, SUCH PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.