B-128899, OCT. 2, 1956

B-128899: Oct 2, 1956

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YOU WERE ALLOWED PER DIEM FOR THE DAY ON WHICH THAT VESSEL WAS DECOMMISSIONED. WE ALSO HAVE RECEIVED YOUR LETTER OF SEPTEMBER 12. YOU WERE DETACHED FROM DUTY ABOARD THE USCGC CHAUTAUQUA (WPG-41) AND ORDERED TO DUTY ABOARD THE CGC IROQUOIS (WPG -43) FOR ASSIGNMENT TO TEMPORARY DUTY AS ENGINEERING OFFICER IN CONNECTION WITH FERRYING THE CGC IROQUOIS TO THE COAST GUARD YARD. IT IS INDICATED THAT DURING THE PERIOD OCTOBER 1. QUARTERS AND MESSING FACILITIES WERE FURNISHED OR AVAILABLE TO YOU ABOARD THE VESSEL AND YOU CLAIM PER DIEM FOR THE PERIOD OCTOBER 1 TO 21. ON THE BASIS THAT QUARTERS ALSO WERE NOT AVAILABLE AT THE COAST GUARD YARD. IN SUPPORT OF YOUR CLAIM YOU REFER TO PARAGRAPH 4206 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES FOR PAYMENT OF PER DIEM ALLOWANCE TO A MEMBER WHO IS ASSIGNED TO TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OR CONVERSION OF A VESSEL.

B-128899, OCT. 2, 1956

TO MR. CARL E. BRAZELL:

YOUR LETTER OF AUGUST 17, 1955, FORWARDED TO THIS OFFICE BY THE UNITED STATES COAST GUARD, REQUESTS REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM DURING THE PERIOD OCTOBER 1 TO 21, 1954, IN CONNECTION WITH YOUR DUTY ABOARD THE CGC IROQUOIS (WPG-43). YOU WERE ALLOWED PER DIEM FOR THE DAY ON WHICH THAT VESSEL WAS DECOMMISSIONED. WE ALSO HAVE RECEIVED YOUR LETTER OF SEPTEMBER 12, 1956.

BY ORDERS DATED JULY 23, 1954, YOU WERE DETACHED FROM DUTY ABOARD THE USCGC CHAUTAUQUA (WPG-41) AND ORDERED TO DUTY ABOARD THE CGC IROQUOIS (WPG -43) FOR ASSIGNMENT TO TEMPORARY DUTY AS ENGINEERING OFFICER IN CONNECTION WITH FERRYING THE CGC IROQUOIS TO THE COAST GUARD YARD, CURTIS BAY, MARYLAND. ON JANUARY 13, 1955, THE COMMANDING OFFICER OF THE CGC IROQUOIS TERMINATED YOUR TEMPORARY DUTY ABOARD THAT VESSEL. IT IS INDICATED THAT DURING THE PERIOD OCTOBER 1, 1954, TO JANUARY 13, 1955, QUARTERS AND MESSING FACILITIES WERE FURNISHED OR AVAILABLE TO YOU ABOARD THE VESSEL AND YOU CLAIM PER DIEM FOR THE PERIOD OCTOBER 1 TO 21, 1954, ON THE BASIS THAT QUARTERS ALSO WERE NOT AVAILABLE AT THE COAST GUARD YARD, CURTIS BAY, MARYLAND, DURING THAT PERIOD. IN SUPPORT OF YOUR CLAIM YOU REFER TO PARAGRAPH 4206 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES FOR PAYMENT OF PER DIEM ALLOWANCE TO A MEMBER WHO IS ASSIGNED TO TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OR CONVERSION OF A VESSEL.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL UNDER COMPETENT ORDERS UPON A PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. THE RESPECTIVE SECRETARIES ARE AUTHORIZED TO PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE PAID. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4201 OF THE REGULATIONS PROVIDES:

"SPECIAL CASES UNDER WHICH TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE

"PER DIEM ALLOWANCES ARE NOT PAYABLE FOR THE FOLLOWING PERIODS:

"8. FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL COMMENCING THE DAY AFTER THE DAY OF ARRIVAL THEREAT AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM (TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL WILL BE CONSIDERED UNBROKEN WHEN A MEMBER TRANSFERS FROM ONE VESSEL TO ANOTHER AT THE SAME PLACE AND THE TRANSFER IS EFFECTED WITHIN A 10-HOUR PERIOD (FOR TRAVEL BY GOVERNMENT VESSEL, SEE PARS. 4210 AND (4253-5); "

THAT REGULATION PROHIBITS PAYMENT OF PER DIEM ALLOWANCES TO A MEMBER FOR ANY PERIOD HE IS ASSIGNED TO TEMPORARY DUTY ABOARD A GOVERNMENT VESSEL. THE PROHIBITION CONTAINS NO EXCEPTION WHICH WOULD PERMIT PAYMENT OF THAT ALLOWANCE ON THE BASIS THAT QUARTERS ABOARD SHIP WERE RENDERED UNINHABITABLE WHILE UNDERGOING OVERHAUL, CONVERSION OR REPAIR OR BECAUSE OF ANY OTHER CONDITIONS OR CIRCUMSTANCES WHICH PREVENT OCCUPANCY OF QUARTERS. THE DECISION OF AUGUST 2, 1956, B-127774, REFERRED TO IN YOUR LETTER OF SEPTEMBER 12, 1956, CONCERNED A MEMBER'S ENTITLEMENT TO PER DIEM DURING A PERIOD HE WAS ON TEMPORARY DUTY IN HONOLULU. THE MEMBER WAS ENTITLED TO PER DIEM FOR THE REASON THAT HE WAS IN A TRAVEL STATUS IN HONOLULU. THAT MEMBER WAS ASSIGNED TO TEMPORARY SHORE DUTY WHILE YOU WERE ASSIGNED TO TEMPORARY DUTY ABOARD A SHIP. PARAGRAPH 4206 OF THE REGULATIONS, WHICH YOU CITED, IS FOR APPLICATION ONLY IN INSTANCES WHERE MEMBERS ARE ASSIGNED TO DUTY IN CONNECTION WITH FITTING OUT OR CONVERSION OF A VESSEL. IT DOES NOT APPEAR TO BE FOR APPLICATION TO MEMBERS WHO ARE ASSIGNED TO DUTY ABOARD A GOVERNMENT VESSEL.

SINCE YOUR ORDERS OF JULY 23, 1954, ASSIGNED YOU TO DUTY ABOARD THE CGC IROQUOIS AND SINCE YOU WERE NOT DETACHED FROM SUCH DUTY UNTIL JANUARY 13, 1955, PAYMENT OF PER DIEM DURING THAT PERIOD IS PROHIBITED BY THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 1, 1955, WAS CORRECT AND IS SUSTAINED.