B-128016, AUG. 3, 1956

B-128016, AUG. 3, 1956

TO MAJOR J. L. SCWARTZ, USMC, UNITED STATES MARINE CORPS:

YOUR LETTER OF MAY 10, 1956, SUBMITTED FOR ADVANCE DECISION A VOUCHER FOR PAYMENT OF PER DIEM TO MASTER SERGEANT WILTON C. STARNES, JR., 409392, U.S. MARINE CORPS, FOR TEMPORARY ADDITIONAL DUTY PERFORMED BY HIM AT THE MARINE BARRACKS, MARE ISLAND, VALLEJO, CALIFORNIA.

BY ORDERS OF SEPTEMBER 29, 1955, MARINE CORPS SUPPLY FORWARDING ANNEX, SAN FRANCISCO, CALIFORNIA, MASTER SERGEANT STARNES WAS DIRECTED TO PROCEED FROM THAT PLACE, ON THE SAME DATE, TO THE MARINE BARRACKS, MARE ISLAND, VALLEJO, CALIFORNIA, FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT ONE WEEK IN CONNECTION WITH ANNUAL MARKSMANSHIP QUALIFICATION FIRING, AT THE COMPLETION OF WHICH HE WAS TO RETURN TO HIS PERMANENT DUTY STATION AND ASSUME HIS REGULAR DUTIES. THE ORDERS DID NOT AUTHORIZE PER DIEM. THE COMMANDANT OF THE MARINE CORPS, HOWEVER, STATES THAT THE OFFICER ISSUING THE ORDERS OF SEPTEMBER 29, 1955, WAS WITHOUT AUTHORITY TO DENY PER DIEM INCIDENT TO THE AUTHORIZED TRAVEL AND THAT RIFLE MARKSMANSHIP QUALIFICATION IS CONSIDERED TO BE DUTY UNDER A COURSE OF INSTRUCTION. IS SHOWN THAT THE OFFICIAL DISTANCE FROM SAN FRANCISCO TO MARE ISLAND IS 35 MILES, AND ENDORSEMENTS ON THE ORDERS OF SEPTEMBER 29, 1955, SHOW THAT THE PERIOD OF TEMPORARY ADDITIONAL DUTY WAS FROM 12:00 NOON ON SEPTEMBER 29, 1955, TO 3:10 P.M. ON OCTOBER 7, 1955. ALSO, THAT QUARTERS AND RATIONS WERE FURNISHED MASTER SERGEANT STARNES WHILE ON TEMPORARY ADDITIONAL DUTY AT MARE ISLAND.

YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF MASTER SERGEANT STARNES' CLAIM AND OTHERS OF SIMILAR NATURE, IS DUE TO OUR DECISION OF FEBRUARY 9, 1953, B-106548. THE HOLDING IN THAT DECISION WAS BASED ON PARAGRAPH 6450, JOINT TRAVEL REGULATIONS, WHICH PROVIDED THAT EXPENSES INCURRED AT A DUTY STATION INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE, AND ON PARAGRAPH 4201-4, JOINT TRAVEL REGULATIONS, ARE REVISED BY INSTRUCTION MEMORANDUM 1-1, MARCH 2, 1951, WHICH IS NO LONGER IN EFFECT. THIS REGULATION, AS SINCE REVISED, PROVIDES THAT PER DIEM ALLOWANCES, EXCEPT AS AUTHORIZED UNDER PARAGRAPH 4205, JOINT TRAVEL REGULATIONS, ARE NOT PAYABLE FOR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION. PARAGRAPH 1105-10A, JOINT TRAVEL REGULATIONS, DEFINES A PERMANENT DUTY STATION TO MEAN "THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.'

IN THE CIRCUMSTANCES OF THIS CASE, SINCE THE MEMBER WAS NECESSARILY ABSENT FROM HIS PERMANENT STATION FOR MORE THAN 10 HOURS, PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS IS NOT REGARDED AS APPLICABLE. SEE PARAGRAPH 4205-4, JOINT TRAVEL REGULATIONS AND 34 COMP. GEN. 549. THE STANDARD HIGHWAY MILEAGE GUIDE (RAND MCNALLY AND COMPANY) SHOWS THAT MARE ISLAND (VALLEJO) IS LOCATED OUTSIDE THE CORPORATE LIMITS OF SAN FRANCISCO. HENCE, WHEN MASTER SERGEANT STARNES DEPARTED FROM SAN FRANCISCO FOR TEMPORARY ADDITIONAL DUTY AT MARE ISLAND, HE ENTERED INTO A TRAVEL STATUS AWAY FROM HIS PERMANENT DUTY STATION, AND THEREFORE, HE IS ENTITLED TO THE PER DIEM PRESCRIBED IN THE REGULATIONS FOR ORDERED TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH A COURSE OF INSTRUCTION. SEE SUBPARAGRAPH D OF THE TABLE IN PARAGRAPH 4205-6, PART E, JOINT TRAVEL REGULATIONS.

THE SUBMITTED VOUCHER AND SUPPORTING PAPERS ARE RETURNED AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.