B-127774, AUG. 2, 1956

B-127774: Aug 2, 1956

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UNITED STATES COAST GUARD HEADQUARTERS: REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. THE OFFICER WAS DIRECTED BY ORDERS OF FEBRUARY 19. HE WAS TO RETURN TO THE VESSEL FOR RESUMPTION OF HIS REGULAR DUTIES. IT IS REPORTED THAT HE LEFT GUAM AT 9:40 A.M. HE WAS ADVISED THAT TEMPORARY DUTY WAS TERMINATED. IT IS REPORTED THAT HIS FAMILY RESIDED IN HONOLULU AND THAT NO ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED BECAUSE OF TRANSPORTATION REQUIRED BETWEEN HIS HOME AND THE PLACE HE PERFORMED TEMPORARY DUTY. THAT NO SUBSISTENCE OR QUARTERS WERE AVAILABLE OR FURNISHED DURING THE PERIOD INVOLVED. ONLY ONE OF WHICH IS MATERIAL HERE. PARAGRAPH 1150-10A OF SUCH REGULATIONS DEFINES A PERMANENT DUTY STATION AS THE "POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS ARE CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN FOR "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY.

B-127774, AUG. 2, 1956

TO LIEUTENANT C. D. MILLER, USCG, AUTHORIZED CERTIFYING OFFICER, UNITED STATES COAST GUARD HEADQUARTERS:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1956, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYING PER DIEM TO LIEUTENANT (JG) PAUL A. YOST, JR., USCG, FOR THE PERIOD 9:40 A.M. FEBRUARY 22, 1955, THROUGH 12:20 P.M. APRIL 15, 1955, IN THE FOLLOWING CIRCUMSTANCES.

IT APPEARS THAT WHILE ASSIGNED TO DUTY ABOARD THE C.G.C. IRONWOOD (WAGL- 297/--- HOME PORT HONOLULU, T.H.--- THEN AT GUAM, M.I., ON ITS OPERATIONAL SCHEDULE, THE OFFICER WAS DIRECTED BY ORDERS OF FEBRUARY 19, 1955, TO PROCEED TO HONOLULU AND REPORT TO THE COMMANDER, 14TH COAST GUARD DISTRICT, FOR TEMPORARY DUTY OF ABOUT TWO WEEKS' DURATION, UPON COMPLETION OF WHICH, AND WHEN DIRECTED BY COMPETENT AUTHORITY, HE WAS TO RETURN TO THE VESSEL FOR RESUMPTION OF HIS REGULAR DUTIES. IT IS REPORTED THAT HE LEFT GUAM AT 9:40 A.M. FEBRUARY 22 AND PROCEEDED BY AIR TO HONOLULU. FIRST ENDORSEMENT OF APRIL 15, 1955, FROM THE COMMANDER OF THE 14TH COAST GUARD DISTRICT, HE WAS ADVISED THAT TEMPORARY DUTY WAS TERMINATED, AND THAT HE SHOULD REPORT TO THE COMMANDING OFFICER, CHAUTAUQUA (WPG-41), FOR ASSIGNMENT TO TEMPORARY DUTY PENDING THE ARRIVAL OF THE IRONWOOD IN HONOLULU. SECOND ENDORSEMENT OF APRIL 19, 1955, SHOWS THAT HE REPORTED FOR TEMPORARY DUTY ON THE CHAUTAUQUA AT 12:20 P.M. ON THAT DATE. IT IS REPORTED THAT HIS FAMILY RESIDED IN HONOLULU AND THAT NO ADDITIONAL SUBSISTENCE EXPENSES WERE INCURRED BECAUSE OF TRANSPORTATION REQUIRED BETWEEN HIS HOME AND THE PLACE HE PERFORMED TEMPORARY DUTY, AND THAT NO SUBSISTENCE OR QUARTERS WERE AVAILABLE OR FURNISHED DURING THE PERIOD INVOLVED.

PARAGRAPH 4250, JOINT TRAVEL REGULATIONS, AUTHORIZES THE PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES FOR ALL PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED OUTSIDE THE UNITED STATES WITH CERTAIN EXCEPTIONS, ONLY ONE OF WHICH IS MATERIAL HERE, AS FOLLOWS:

"6. FOR ANY PERIOD PRIOR TO DEPARTURE FROM A SHIP OR PRIOR TO THE DAY OF DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PAR. 1150-10 OR FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION * * * .'

PARAGRAPH 1150-10A OF SUCH REGULATIONS DEFINES A PERMANENT DUTY STATION AS THE "POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS ARE CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN FOR "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.'

A VESSEL IS THE PERMANENT STATION OF A MEMBER WHO IS ASSIGNED TO DUTY ON SUCH VESSEL AND THE QUOTED REGULATIONS APPARENTLY CONTEMPLATE PAYMENT OF PER DIEM TO A MEMBER COMMENCING AT THE TIME OF HIS DEPARTURE FROM HIS VESSEL UNDER TEMPORARY ADDITIONAL DUTY ORDERS. SINCE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND THE STATION OF A MEMBER ASSIGNED TO DUTY ON A VESSEL MOVES FROM PLACE TO PLACE, A BROADENING OF THE CONCEPT OF A PERMANENT STATION WAS NECESSARY IN SUCH CIRCUMSTANCES IN ORDER TO FIX THE LIMITS OF A MEMBER'S RIGHT TO HAVE HIS DEPENDENTS AND HOUSEHOLD GOODS MOVED AT GOVERNMENT EXPENSE UPON HIS ASSIGNMENT TO DUTY ON A VESSEL, AND TO PERMIT THEIR TRANSPORTATION TO THE HOME PORT OR HOME YARD OF THE VESSEL. HOWEVER, SINCE THE REGULATIONS SPECIFICALLY LIMIT THE INCLUSION OF THE HOME YARD OR HOME PORT OF A VESSEL WITHIN THE DEFINITION OF A PERMANENT STATION, TO SITUATIONS INVOLVING TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS A MEMBER'S VESSEL MUST BE VIEWED AS HIS PERMANENT STATION AS FAR AS ENTITLEMENT TO PER DIEM WHILE IN A TRAVEL STATUS AWAY FROM HIS PERMANENT STATION IS CONCERNED.

ACCORDINGLY, AND SINCE IT APPEARS THAT LIEUTENANT YOST WAS IN A TRAVEL STATUS AWAY FROM HIS STATION DURING THE PERIOD INVOLVED, YOU ARE AUTHORIZED TO CERTIFY THE SUBMITTED VOUCHER FOR PAYMENT, IF OTHERWISE CORRECT. THE FACT THAT AN OFFICER IS DIRECTED TO PERFORM TEMPORARY DUTY IN A CITY IN WHICH HE HAS ESTABLISHED A HOME FOR HIS FAMILY, HAS NOT BEEN REGARDED AS A CIRCUMSTANCE WHICH AFFECTS HIS RIGHT TO PER DIEM OTHERWISE PAYABLE TO HIM.

AS TO THE RELATED QUESTIONS ON WHICH YOU REQUEST A DECISION, YOU ARE ADVISED THAT WE ARE NEITHER AUTHORIZED NOR REQUIRED TO FURNISH AN ADVANCE DECISION TO A CERTIFYING OFFICER ON A QUESTION UNLESS SUCH QUESTION IS ACTUALLY INVOLVED IN A PAYMENT ON A SPECIFIC VOUCHER WHICH IS PRESENTED TO HIM FOR CERTIFICATION. SEE 31 U.S.C. 82D.