B-128850, SEP. 10, 1956

B-128850: Sep 10, 1956

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REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHER STATED IN FAVOR OF HARIET F. THE MEMBER WAS TRANSFERRED FROM DUTY AT THE U.S. WHERE SHE WAS TO REPORT NOT LATER THAN APRIL 10. IT IS INDICATED THAT THE COURSE OF INSTRUCTION WAS SCHEDULED FOR LESS THAN 20 WEEKS. UPON COMPLETION OF THE COURSE OF INSTRUCTION SHE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT. SHE WAS HOSPITALIZED FROM APRIL 23. GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE DURING THE PERIOD INVOLVED. PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY TO ENLISTED MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE.

B-128850, SEP. 10, 1956

TO LIEUTENANT COLONEL W. O. ADAMS, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF NOVEMBER 17, 1955, WITH ENCLOSURES, FORWARDED HERE BY LETTER DATED AUGUST 3, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHER STATED IN FAVOR OF HARIET F. MARSH, DA,912 76 44 W, USN, FOR PER DIEM AT THE RATE OF $1 PER DAY DURING THE PERIOD JULY 1 TO NOVEMBER 9, 1955.

BY ORDERS DATED MARCH 14, 1955, THE MEMBER WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, TO THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, WHERE SHE WAS TO REPORT NOT LATER THAN APRIL 10, 1955, FOR TEMPORARY DUTY UNDER INSTRUCTION. IT IS INDICATED THAT THE COURSE OF INSTRUCTION WAS SCHEDULED FOR LESS THAN 20 WEEKS. UPON COMPLETION OF THE COURSE OF INSTRUCTION SHE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, BY ORDERS DATED NOVEMBER 10, 1955. ON APRIL 9, 1955, THE MEMBER REPORTED AS DIRECTED AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION. SHE WAS HOSPITALIZED FROM APRIL 23, TO MAY 9, 1955, AND FROM MAY 17 TO 21, 1955. SHE LEFT THE NAVAL TRAINING CENTER ON NOVEMBER 10, 1955, AND ON THE SAME DAY SHE REPORTED FOR DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA. GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE DURING THE PERIOD INVOLVED.

PARAGRAPH 4205-6D (4), CHANGE 36, DATED JULY 1, 1955, JOINT TRAVEL REGULATIONS, PROVIDES FOR THE PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY TO ENLISTED MEMBERS UNDERGOING COURSES OF INSTRUCTION AT AN INSTALLATION OF THE UNIFORMED SERVICES WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE. PARAGRAPH 3003-2 OF THE SAME REGULATIONS DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD STATION. THE ORDERS OF MARCH 14, 1955, CLEARLY DIRECTED TEMPORARY DUTY UNDER INSTRUCTION AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA. SINCE AN ASSIGNMENT TO A SCHOOL IS OF A TERMINABLE NATURE RATHER THAN OF THE INDEFINITE NATURE ORDINARILY CHARACTERISTIC OF PERMANENT DUTY ASSIGNMENTS, THESE ORDERS REASONABLY MAY BE ACCEPTED AS FALLING WITHIN PARAGRAPH 3003-2, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, IF OTHERWISE PROPER, AND ASSUMING THAT THE COURSE OF INSTRUCTION WAS SCHEDULED FOR LESS THAN 20 WEEKS, PAYMENT IS AUTHORIZED ON THE VOUCHER, WHICH IS RETURNED HEREWITH.