B-128636, AUG. 10, 1956

B-128636: Aug 10, 1956

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IS SHOWN THAT HE SO REPORTED AT SAN FRANCISCO ON MARCH 10 AND THAT HE EMBARKED ON THE U.S.N.S. IT IS STATED THAT NEITHER GOVERNMENT QUARTERS NOR MEALS WERE AVAILABLE DURING THE PERIOD INVOLVED AND THAT THE OFFICIAL DISTANCE FROM ALAMEDA TO SAN FRANCISCO IS 11 MILES. THE LATTER PARAGRAPH DEFINES A PERMANENT DUTY STATION AS INCLUDING THE CORPORATE LIMITS OF THE CITY IN WHICH A MEMBER IS STATIONED. HE IS REGARDED AS HAVING ENTERED A TRAVEL STATUS AWAY FROM HIS STATION ON THAT DAY AND PER DIEM IS PAYABLE FOR THE PERIOD MARCH 11 TO 18. IT IS NOTED THAT THE PER DIEM OF $4.05 FOR MARCH 18 APPARENTLY WAS COMPUTED ON THE SUBMITTED VOUCHER UNDER THE PROVISIONS OF PARAGRAPH 4254 OF THE JOINT TRAVEL REGULATIONS.

B-128636, AUG. 10, 1956

TO MR. D. N. COBA, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF JULY 13, 1956, THE OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR REQUEST OF FEBRUARY 7, 1956, FOR AN ADVANCE DECISION AS TO WHETHER LEROY ERNEST MERRYFIELD, AMC, USN, MAY BE PAID PER DIEM FOR THE PERIOD MARCH 11 TO MARCH 18, 1956.

STANDARD TRANSFER ORDER NO. 0149-55, DATED FEBRUARY 16, 1955, DIRECTED THE TRANSFER OF THE ENLISTED MAN FROM THE NAVAL AIR STATION, ALAMEDA, CALIFORNIA, TO THE NAVAL AIR STATION, SANGLEY POINT, PHILIPPINE ISLANDS, WITH DIRECTION TO REPORT TO THE U.S. NAVAL RECEIVING STATION, SAN FRANCISCO, NOT LATER THAN MIDNIGHT, MARCH 10, 1955, FOR FURTHER TRANSFER, TEN DAYS' LEAVE AND FOUR DAYS' PROCEED TIME BEING AUTHORIZED THEREIN. IS SHOWN THAT HE SO REPORTED AT SAN FRANCISCO ON MARCH 10 AND THAT HE EMBARKED ON THE U.S.N.S. BARRETT AT 12:30 P.M. MARCH 18, 1955, EN ROUTE TO HIS NEW STATION. IT IS STATED THAT NEITHER GOVERNMENT QUARTERS NOR MEALS WERE AVAILABLE DURING THE PERIOD INVOLVED AND THAT THE OFFICIAL DISTANCE FROM ALAMEDA TO SAN FRANCISCO IS 11 MILES.

PARAGRAPH 4201-4 OF THE JOINT TRAVEL REGULATIONS BARS PAYMENT OF PER DIEM FOR ANY PERIOD PRIOR TO THE DAY OF DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10 OF SUCH REGULATIONS. THE LATTER PARAGRAPH DEFINES A PERMANENT DUTY STATION AS INCLUDING THE CORPORATE LIMITS OF THE CITY IN WHICH A MEMBER IS STATIONED. SINCE THE ENLISTED MAN REPORTED AT SAN FRANCISCO ON MARCH 10, HE IS REGARDED AS HAVING ENTERED A TRAVEL STATUS AWAY FROM HIS STATION ON THAT DAY AND PER DIEM IS PAYABLE FOR THE PERIOD MARCH 11 TO 18, 1955. SEE B-123540, FEBRUARY 8, 1956, AND B-126666, APRIL 5, 1956.

IT IS NOTED THAT THE PER DIEM OF $4.05 FOR MARCH 18 APPARENTLY WAS COMPUTED ON THE SUBMITTED VOUCHER UNDER THE PROVISIONS OF PARAGRAPH 4254 OF THE JOINT TRAVEL REGULATIONS. THE PROPER RATE APPEARS TO BE $3. PARAGRAPH 4208 OF SUCH REGULATIONS PROVIDES THAT THE PER DIEM ALLOWANCE APPLICABLE TO THE MEMBER AT MIDNIGHT ON THE DAY OF DEPARTURE FROM A PORT OF EMBARKATION IN THE UNITED STATES WILL BE PAYABLE FOR THAT DAY. MIDNIGHT ON MARCH 18 THE ENLISTED MAN WAS TRAVELING ON A GOVERNMENT VESSEL OUTSIDE THE UNITED STATES. PARAGRAPH 4253-5A OF SUCH REGULATIONS STATES THAT MEMBERS TRAVELING ON GOVERNMENT VESSELS WHO ARE FURNISHED SUBSISTENCE FREE OF CHARGE ARE NOT ENTITLED TO PER DIEM EXCEPT FOR THE DAY OF EMBARKATION, IF OTHERWISE ENTITLED THERETO UNDER SUBPARAGRAPH 3. SUBPARAGRAPH 3C PROVIDES THAT THE PER DIEM ALLOWANCE APPLICABLE AT THE POINT OF EMBARKATION ARE PAYABLE FOR THE DAY OF EMBARKATION. THE RATE APPLICABLE AT SAN FRANCISCO IF GOVERNMENT QUARTERS AND ONE MEAL WERE FURNISHED TO AN ENLISTED MAN WAS FIXED IN PARAGRAPH 4205-6B, CHANGE 28, NOVEMBER 1, 1954, AT $3.

PAYMENT ON THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS PAYABLE AS INDICATED ABOVE.