B-129047, OCT. 2, 1956

B-129047: Oct 2, 1956

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THE MEMBER WAS ORDERED TO PROCEED FROM FIRST RECRUIT TRAINING BATTALION. HE WAS TRANSFERRED ON JANUARY 17. WAS THEN TRANSFERRED TO MARINE CORPS RECRUIT DEPOT. THAT THIS COURSE OF INSTRUCTION WAS FOR A PERIOD OF 17 WEEKS. YOUR DOUBT IN THE MATTER IS OCCASIONED BY COMMANDANT OF THE MARINE CORPS MESSAGE 301458Z OF OCTOBER 1955 WHICH READS AS FOLLOWS: "PARA 4205-6 JTR WITH CHANGE 36 REFERS X ENL PERS UNDERGOING TEMINS IND COMTRA CRS NO AUTH PAYMENT PER DIEM X NEW SUBJ X INSURE ORDERS FOR GRAD RECRUITS ASG FURTHER SCHOOLING UPON COMP INDCOMTRA CRS READ QUOTE DUTY UNDER INSTRUCTION UNQUOTE SUCH ASSIGNMENT CONSIDERED TO BE A PERMANENT CHANGE OF STATION" UNDER JOINT TRAVEL REGULATIONS. IN CASES WHERE ENLISTED PERSONNEL ARE UNDERGOING TEMPORARY INSTRUCTION IN THE INDIVIDUAL COMBAT TRAINING COURSES.

B-129047, OCT. 2, 1956

TO LIEUTENANT COLONEL W. O. ADAMS, USMC:

BY FIRST ENDORSEMENT OF AUGUST 21, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF AUGUST 14, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF PER DIEM TO PRIVATE FIRST CLASS WILLIAM W. SMITH, 1556135, USMC, FOR CERTAIN SPECIFIED PERIODS BETWEEN NOVEMBER 26, 1955, AND JULY 31, 1956.

BY ORDERS OF NOVEMBER 18, 1955, THE MEMBER WAS ORDERED TO PROCEED FROM FIRST RECRUIT TRAINING BATTALION, MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, TO CAMP PENDLETON, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION IN THE INDIVIDUAL COMBAT TRAINING COURSE. UPON COMPLETION OF THAT TRAINING, HE WAS TRANSFERRED ON JANUARY 17, 1956, TO MARINE BARRACKS, NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, FOR DUTY UNDER INSTRUCTION IN THE ELECTRONICS TECHNICIAN COURSE (CLASS A). HE COMPLETED THAT COURSE ON JUNE 4, 1956, AND WAS THEN TRANSFERRED TO MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, FOR DUTY UNDER INSTRUCTION IN THE COMMUNICATION ELECTRONICS SCHOOL BATTALION. IT APPEARS FROM THE REPORTING ENDORSEMENT OF JUNE 21, 1956, THAT THIS COURSE OF INSTRUCTION WAS FOR A PERIOD OF 17 WEEKS.

YOUR DOUBT IN THE MATTER IS OCCASIONED BY COMMANDANT OF THE MARINE CORPS MESSAGE 301458Z OF OCTOBER 1955 WHICH READS AS FOLLOWS:

"PARA 4205-6 JTR WITH CHANGE 36 REFERS X ENL PERS UNDERGOING TEMINS IND COMTRA CRS NO AUTH PAYMENT PER DIEM X NEW SUBJ X INSURE ORDERS FOR GRAD RECRUITS ASG FURTHER SCHOOLING UPON COMP INDCOMTRA CRS READ QUOTE DUTY UNDER INSTRUCTION UNQUOTE SUCH ASSIGNMENT CONSIDERED TO BE A PERMANENT CHANGE OF STATION"

UNDER JOINT TRAVEL REGULATIONS, PARAGRAPH 4205-6, FOOTNOTE Z TO THE TABLE OF PER DIEM RATES WITH THE UNITED STATES, THE SECRETARY OF THE DEPARTMENT CONCERNED, OR THE PERSON TO WHOM HE PROPERLY DELEGATES HIS AUTHORITY, MAY AUTHORIZE "NO PER DIEM" OR RATES OF PER DIEM IN LESSER AMOUNTS THAN THOSE INDICATED IN THE TABLE. THUS, IN CASES WHERE ENLISTED PERSONNEL ARE UNDERGOING TEMPORARY INSTRUCTION IN THE INDIVIDUAL COMBAT TRAINING COURSES, THE QUOTED MESSAGE IS EFFECTIVE TO BAR THEM FROM THE RECEIPT OF PER DIEM.

THE RECORD INDICATES THAT THE ORDERS TO DUTY AT TREASURE ISLAND CONTEMPLATED A COURSE OF INSTRUCTION FOR 20 WEEKS, AND FIFTH ENDORSEMENT OF JANUARY 24, 1956, ON THE ORDERS STATES THAT THE TRAVEL THERE WAS ON PERMANENT CHANGE OF STATION. ACCORDINGLY, NO PER DIEM IS AUTHORIZED FOR THE PERIOD OF ASSIGNMENT AT TREASURE ISLAND. HOWEVER, THE DUTY ASSIGNED AT THE MARINE CORPS RECRUIT TRAINING DEPOT, SAN DIEGO, IS SHOWN TO HAVE BEEN FOR A PERIOD OF BUT 17 WEEKS. THUS, THE DUTY AT SAN DIEGO WAS TEMPORARY DUTY, AND PAYMENT OF PER DIEM DURING THE PERFORMANCE THEREOF IS AUTHORIZED. COMPARE 32 COMP. GEN. 569, AS AMPLIFIED AND AFFIRMED IN DECISIONS OF OCTOBER 8, 1954, B-115509, AND 34 COMP. GEN. 260.

UPON MODIFICATION OF THE VOUCHER, WHICH IS RETURNED HEREWITH, TOGETHER WITH SUPPORTING PAPERS, TO CONFORM TO THE FOREGOING, PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.