B-129320, OCTOBER 30, 1956, 36 COMP. GEN. 344

B-129320: Oct 30, 1956

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REMAINED A FULL DAY ON BOARD A BRITISH GOVERNMENT VESSEL IS ENTITLED TO PER DIEM LESS A DEDUCTION OF 40 PERCENT FOR SLEEPING ACCOMMODATIONS. 1956: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 22. COMMANDER BRANSCOME WAS DIRECTED TO PROCEED ON OR ABOUT JULY 9. UPON COMPLETION OF SUCH DUTY HE WAS TO RETURN TO HIS DUTY STATION. HE WAS PAID PER DIEM AND INCIDENTAL TRAVEL EXPENSES FOR THE TRAVEL AND TEMPORARY DUTY INVOLVED. PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL PER DIEM ALLOWANCES AT THE RATE UNIFORMLY ESTABLISHED BY THE SECRETARIES OF THE UNIFORMED SERVICES FOR PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS OUTSIDE CONTINENTAL UNITED STATES.

B-129320, OCTOBER 30, 1956, 36 COMP. GEN. 344

MILITARY PERSONNEL - PER DIEM - TEMPORARY DUTY ABOARD A FOREIGN VESSEL THE JOINT TRAVEL REGULATION WHICH PROHIBITS PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES FOR TEMPORARY DUTY ABOARD A " GOVERNMENT VESSEL" HAS REFERENCE TO UNITED STATES GOVERNMENT VESSELS, AND, THEREFORE, A NAVAL OFFICER WHO, DURING AN OVERSEAS TEMPORARY DUTY ASSIGNMENT, REMAINED A FULL DAY ON BOARD A BRITISH GOVERNMENT VESSEL IS ENTITLED TO PER DIEM LESS A DEDUCTION OF 40 PERCENT FOR SLEEPING ACCOMMODATIONS.

TO THE SECRETARY OF THE NAVY, OCTOBER 30, 1956:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 22, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY ( FINANCIAL MANAGEMENT), SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF COMMANDER JAMES R. BRANSCOME, USN, FOR PER DIEM FOR TEMPORARY DUTY PERFORMED ON BOARD A FOREIGN GOVERNMENT VESSEL ON JULY 10, 1956.

BY ORDERS DATED JULY 5, 1956, COMMANDER BRANSCOME WAS DIRECTED TO PROCEED ON OR ABOUT JULY 9, 1956, FROM HIS DUTY STATION IN LONDON, ENGLAND, TO BELFAST AND LONDONDERRY, NORTHERN IRELAND, AND SUCH OTHER PLACES AS MIGHT BE NECESSARY FOR TEMPORARY DUTY OF APPROXIMATELY FOUR DAYS IN CONNECTION WITH RESEARCH MATTERS, AND UPON COMPLETION OF SUCH DUTY HE WAS TO RETURN TO HIS DUTY STATION. THE ORDERS AUTHORIZED TRAVEL BY VARIOUS MODES OF TRANSPORTATION. HIS ITINERARY OF TRAVEL SHOWS THAT HE LEFT LONDON ON JULY 9, 1956, AND ARRIVED AT LONDONDERRY, NORTHERN IRELAND, AT 3:00 P.M. ON THE SAME DAY; THAT HE WENT ABOARD THE HMS ZEST, A BRITISH GOVERNMENT VESSEL, AT 7:00 P.M. ON JULY 9, 1956, AND LEFT THAT VESSEL AT 8:00 P.M. ON JULY 11, 1956; AND THAT HE LEFT LONDONDERRY ON JULY 12, 1956, AND ARRIVED AT LONDON, ENGLAND, AT 8:30 P.M. ON THE SAME DAY. ON VOUCHER NO. 1724, AUGUST 1956 ACCOUNTS OF J. T. SMALL, HE WAS PAID PER DIEM AND INCIDENTAL TRAVEL EXPENSES FOR THE TRAVEL AND TEMPORARY DUTY INVOLVED, EXCEPT PER DIEM FOR JULY 10, 1956, A FULL DAY ON BOARD A BRITISH GOVERNMENT VESSEL. THE SUBMITTED VOUCHER COVERS PER DIEM AT THE RATE OF $9 PER DAY FOR JULY 10, 1956.

PARAGRAPH 4250, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL PER DIEM ALLOWANCES AT THE RATE UNIFORMLY ESTABLISHED BY THE SECRETARIES OF THE UNIFORMED SERVICES FOR PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS OUTSIDE CONTINENTAL UNITED STATES, EXCEPT IN CERTAIN SPECIFIED CIRCUMSTANCES. PARAGRAPH 4250-8 OF THE SAME REGULATIONS PROVIDES THAT PER DIEM IS NOT PAYABLE FOR ANY PERIOD OF TEMPORARY DUTY ABOARD A GOVERNMENT VESSEL COMMENCING THE DAY AFTER THE DAY OF ARRIVAL AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE. PARAGRAPH 4254-1 OF THE REGULATIONS PROVIDES THAT A DEDUCTION OF 40 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE FOR THE DAY WILL BE MADE WHEN GOVERNMENT QUARTERS ARE AVAILABLE TO THE MEMBER. PARAGRAPH 1150-5 PROVIDES THAT THE TERM "GOVERNMENT QUARTERS," UNLESS OTHERWISE QUALIFIED, MEANS ANY SLEEPING ACCOMMODATIONS OWNED OR LEASED BY THE UNITED STATES GOVERNMENT, OR FURNISHED BY A FOREIGN GOVERNMENT EITHER UNDER AGREEMENT WITH THE UNITED STATES OR ON A COMPLEMENTARY BASIS.

THE TERM "GOVERNMENT VESSEL," AS USED IN PARAGRAPH 4250-8 OF THE JOINT TRAVEL REGULATIONS, IS NOT DEFINED IN SUCH REGULATIONS. IN THE ABSENCE OF ANY INDICATION IN THE REGULATIONS TO THE CONTRARY, THAT TERM IS CONSTRUED AS MEANING A UNITED STATES GOVERNMENT VESSEL. HENCE, THE PROVISIONS OF THE REGULATIONS PROHIBITING THE PAYMENT OF PER DIEM TO MEMBERS FOR ANY PERIOD OF TEMPORARY DUTY ABOARD A GOVERNMENT VESSEL DOES NOT APPLY TO MEMBERS PERFORMING TEMPORARY DUTY ABOARD FOREIGN GOVERNMENT VESSELS. FOLLOWS THAT COMMANDER BRANSCOME IS ENTITLED TO PER DIEM AT THE APPLICABLE RATE OF $9 FOR JULY 10, 1956, LESS A DEDUCTION OF 40 PERCENT AS REQUIRED BY PARAGRAPH 4254-1 OF THE REGULATIONS BECAUSE HE WAS FURNISHED GOVERNMENT SLEEPING ACCOMMODATIONS FOR THAT DAY WITHIN THE MEANING OF PARAGRAPH 1150- 5, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, IF THE VOUCHER IS REDUCED TO $5.40, PAYMENT THEREON IS AUTHORIZED. THE VOUCHER AND SUPPORTING PAPERS ARE HEREWITH RETURNED.