B-128168, AUG. 14, 1956

B-128168, AUG. 14, 1956

TO LIEUTENANT COLONEL GEORGE M. SECKINGER, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY FOURTH INDORSEMENT OF JUNE 6, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR FIRST INDORSEMENT OF MAY 14, 1956, AND ATTACHED PAPERS, REQUESTING AN ADVANCE DECISION AS TO WHETHER PER DIEM AT THE RATE OF $1.50 PER DAY MAY BE PAID TO PATRICK W. FLETCHER, MASTER SERGEANT, JAMES A. LONG, SP. 2, JACK E. PORCH, SP. 3, HAROLD COLLIER, PFC, AND LOUIS L. GRIFFITH, SP. 3, FOR TEMPORARY DUTY PERFORMED BY THEM AT FORT MASON, SAN FRANCISCO, CALIFORNIA, IN MARCH 1956, IN THE CIRCUMSTANCES DISCUSSED BELOW.

VERBAL ORDERS OF THE COMMANDING OFFICER OF FEBRUARY 28, 1956, CONFIRMED BY PARAGRAPH 7, SPECIAL ORDERS NO. 28, MARCH 26, 1956, HEADQUARTERS, OAKLAND ARMY TERMINAL, FORT MASON, CALIFORNIA, DIRECTED THE FIRST FOUR- NAMED ENLISTED MEN AND OTHER MILITARY PERSONNEL TO PROCEED FROM STATION AT OAKLAND ARMY TERMINAL, OAKLAND, CALIFORNIA, TO FORT MASON AND REPORT ON MARCH 1, 1956, FOR TEMPORARY DUTY IN CONNECTION WITH JOINT ARMY-NAVY EXERCISE HIGH SEAS, UPON COMPLETION OF WHICH THEY WERE TO RETURN TO PROPER STATION, IT BEING STATED THAT THE ADVANCE PLANNING PHASE WAS TO BE FROM DECEMBER 5, 1956, TO MAY 15, 1956. PARAGRAPH 6 OF SUCH ORDERS IS SIMILAR EXCEPT THAT IT DIRECTED GRIFFITH TO REPORT AT FORT MASON ON MARCH 26.

IT IS REPORTED THAT FORT MASON IS LOCATED IN SAN FRANCISCO, CALIFORNIA, EIGHT MILES FROM OAKLAND ARMY TERMINAL, THAT BOTH ARE UNDER THE SAME COMMAND, AND THAT THE HEADQUARTERS FOR THE OAKLAND ARMY TERMINAL IS LOCATED AT FORT MASON, WITH CERTAIN FUNCTIONS PERFORMED AT OAKLAND. IT IS REPORTED FURTHER THAT WHILE TWO OF THE ENLISTED MEN MENTIONED IN PARAGRAPH 7 OF THE ORDERS OF MARCH 26 COMMUTED DAILY TO THEIR HOMES AND HAVE NOT SUBMITTED CLAIMS, IT IS NOT KNOWN WHETHER THE CLAIMANTS RETURNED TO THEIR HOMES IN OAKLAND. WHILE IT IS STATED THAT AT LEAST ONE INDIVIDUAL SPENT SOME EVENINGS IN OAKLAND AND THAT IT IS POSSIBLE THAT ONE OR MORE OF THEM MAY HAVE RETURNED TO OAKLAND OVER WEEKENDS, BOTH GOVERNMENT QUARTERS AND MESSES APPEAR TO HAVE BEEN AVAILABLE AT FORT MASON AND SINCE PER DIEM IS CLAIMED AT THE RATE PAYABLE AT A TEMPORARY DUTY STATION WHERE BOTH GOVERNMENT QUARTERS AND MEALS ARE AVAILABLE, IT IS ASSUMED THAT THEY AVAILED THEMSELVES OF THE QUARTERS AND MEALS.

IN GENERAL, THE CURRENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS APPEAR TO CONTEMPLATE THE PAYMENT OF PER DIEM FOR TEMPORARY DUTY PERFORMED AT PLACES NEAR A MEMBER'S PERMANENT STATION ON THE BASIS OF THE TIME THE MEMBER IS REQUIRED TO BE ABSENT FROM HIS STATION, RATHER THAN ON THE DISTANCE BETWEEN THE PERMANENT AND TEMPORARY STATIONS, OR WHETHER TEMPORARY DUTY IS PERFORMED WITHIN THE SAME METROPOLITAN AREA IN WHICH THE PERMANENT STATION IS LOCATED. WHILE PARAGRAPH 4205-4, JOINT TRAVEL REGULATIONS, BARS PAYMENT OF PER DIEM FOR ROUND TRIPS PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY, IT HAS BEEN HELD THAT WHERE ORDERED TEMPORARY DUTY IS PERFORMED AT A NEARBY PLACE UNDER CIRCUMSTANCES WHERE THE DUTY INVOLVED, PLUS THE NECESSARY TRAVEL TIME TO AND FROM THE HOME, EXCEEDS TEN HOURS EACH DAY, PER DIEM IS PROPERLY PAYABLE FOR THE FRACTIONAL PART OF THE DAY AS PROVIDED IN PARAGRAPH 4205-2 OF SUCH REGULATIONS. 34 COMP. GEN. 549.

PARAGRAPH 1150-10A, JOINT TRAVEL REGULATIONS, DEFINES A PERMANENT DUTY STATION TO MEAN "THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.' SINCE IT APPEARS THAT THE MEMBERS HERE INVOLVED WERE STATIONED IN OAKLAND AND THAT THEY LEFT THEIR DESIGNATED POSTS OF DUTY AT THE BEGINNING OF THE PERIOD OF TEMPORARY DUTY PERFORMED BY THEM OUTSIDE THE CORPORATE LIMITS OF OAKLAND, THEY ARE ENTITLED TO PER DIEM AT THE RATE PRESCRIBED FOR SUCH TEMPORARY DUTY EXCEPT FOR ANY APPRECIABLE PERIODS OF TIME THEY MAY ACTUALLY HAVE SPENT IN OAKLAND. SEE IN THIS CONNECTION, B-128016, AUGUST 3, 1956, WHICH INVOLVED TEMPORARY DUTY PERFORMED AT THE MARINE BARRACKS, MARE ISLAND, VALLEJO, CALIFORNIA, WHILE AWAY FROM PERMANENT DUTY STATION LOCATED IN SAN FRANCISCO.

THE SUBMITTED VOUCHERS ARE RETURNED HEREWITH AND PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT. HOWEVER, YOUR ATTENTION IS INVITED TO THE FACT THAT WHILE THE VOUCHER STATED IN FAVOR OF GRIFFITH COVERS 30 DAYS IN MARCH, IT IS SHOWN THAT HE FIRST REPORTED FOR TEMPORARY DUTY AT FORT MASON ON MARCH 26, 1956.

CONCERNING THE HYPOTHETICAL QUESTIONS ASKED, YOU ARE ADVISED THAT A DISBURSING OFFICER IS ENTITLED TO A DECISION ONLY ON A QUESTION SPECIFICALLY INVOLVED IN A VOUCHER WHICH IS SUBMITTED TO HIM FOR PAYMENT. 22 COMP. GEN. 588.