B-129473, NOV. 28, 1956

B-129473: Nov 28, 1956

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REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHERS STATED IN FAVOR OF CAROL P. HARBISON WAS TRANSFERRED FROM DUTY AT THE U.S. WHERE SHE WAS TO REPORT NOT LATER THAN AUGUST 28. UPON COMPLETION OF THE COURSE OF INSTRUCTION SHE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT. LARSEN WAS TRANSFERRED FROM DUTY AT THE U.S. WHERE HE WAS TO REPORT NOT LATER THAN JANUARY 3. UPON COMPLETION OF THE COURSE OF INSTRUCTION HE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT. PARSONS WAS TRANSFERRED FROM DUTY AT THE U.S. WHERE HE WAS TO REPORT ON OR BEFORE FEBRUARY 17. UPON COMPLETION OF THE COURSE OF INSTRUCTION HE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT. MILTON EDWARD SATHER WAS TRANSFERRED FROM DUTY AT THE U.S.

B-129473, NOV. 28, 1956

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

YOUR LETTER OF JULY 19, 1956, WITH ENCLOSURES, FORWARDED HERE BY LETTER DATED OCTOBER 8, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHERS STATED IN FAVOR OF CAROL P. HARBISON, DA, USN; RAYMOND J. LARSEN, SA, USN; JAMES L. PARSONS, SN, USN; AND MILTON EDWARD SATHER, SN, USN, FOR PER DIEM AT THE RATE OF $1 PER DAY IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED AUGUST 3, 1955, CAROL P. HARBISON WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, TO THE U.S. NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, WHERE SHE WAS TO REPORT NOT LATER THAN AUGUST 28, 1955, FOR TEMPORARY DUTY UNDER INSTRUCTION. UPON COMPLETION OF THE COURSE OF INSTRUCTION SHE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, BY ORDERS DATED JANUARY 20, 1956. ON AUGUST 27, 1955, SHE REPORTED AS DIRECTED AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION. SHE LEFT THE NAVAL TRAINING CENTER ON JANUARY 21, 1956, AND ON THE SAME DAY SHE REPORTED FOR DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA.

BY ORDERS DATED DECEMBER 16, 1955, RAYMOND J. LARSEN WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, TO THE U.S. NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, WHERE HE WAS TO REPORT NOT LATER THAN JANUARY 3, 1956, FOR DUTY UNDER INSTRUCTION. UPON COMPLETION OF THE COURSE OF INSTRUCTION HE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, BY ORDERS DATED MAY 11, 1956. JANUARY 3, 1956, HE REPORTED AS DIRECTED AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR DUTY UNDER INSTRUCTION. HE LEFT THE NAVAL TRAINING CENTER ON MAY 11, 1956, AND REPORTED FOR DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, ON MAY 27, 1956, FOLLOWING 15 DAYS' LEAVE.

BY ORDERS DATED DECEMBER 14, 1955, JAMES L. PARSONS WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL HOSPITAL, GUAM, TO THE U.S. NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, WHERE HE WAS TO REPORT ON OR BEFORE FEBRUARY 17, 1956, FOR TEMPORARY DUTY UNDER INSTRUCTION. UPON COMPLETION OF THE COURSE OF INSTRUCTION HE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, BY ORDERS DATED JUNE 13, 1956. ON JANUARY 23, 1956, HE REPORTED AS DIRECTED AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION. HE LEFT THE NAVAL TRAINING CENTER ON JUNE 13, 1956, AND REPORTED FOR DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, ON JUNE 20, 1956, AFTER A PERIOD OF LEAVE.

BY ORDERS PREPARED DECEMBER 9, 1955, MILTON EDWARD SATHER WAS TRANSFERRED FROM DUTY AT THE U.S. NAVAL COMMUNICATIONS STATION, GUAM, TO THE U.S. NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, WHERE HE WAS TO REPORT NOT LATER THAN JANUARY 26, 1956, FOR TEMPORARY DUTY UNDER INSTRUCTION. UPON COMPLETION OF THE COURSE OF INSTRUCTION HE WAS ASSIGNED TO DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, BY ORDERS DATED JUNE 13, 1956. ON JANUARY 31, 1956, HE REPORTED AS DIRECTED AT THE NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION. HE LEFT THE NAVAL TRAINING CENTER ON JUNE 13, 1956, AND REPORTED FOR DUTY AT THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA, ON JUNE 29, 1956, FOLLOWING 15 DAY'S LEAVE.

IT IS SHOWN THAT THE COURSE OF INSTRUCTION TO WHICH THE MEMBERS WERE DIRECTED TO ATTEND WAS SCHEDULED FOR 16 WEEKS, AND IT APPEARS THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE DURING THE PERIODS 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 3002-2 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 IN EACH OF THE CASES HERE INVOLVED CLEARLY CONTEMPLATED 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. COMPARE 33 COMP. GEN. 103. UNDER THE ORDERS AS WRITTEN, IT WOULD NOT APPEAR THAT THE FACT THAT THE MEMBERS WERE RECRUITS AND HAD NOT BEEN ASSIGNED A PERMANENT STATION WHEN THEY WERE ORDERED TO SAN DIEGO FOR TEMPORARY DUTY UNDER INSTRUCTION SHOULD AFFECT THEIR RIGHT TO PER DIEM UNDER THE APPLICABLE PROVISIONS OF THE REGULATIONS.

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