B-129812, DEC. 6, 1956

B-129812: Dec 6, 1956

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REQUESTING AN ADVANCE DECISION AS TO WHETHER AN ADDITIONAL ONE- QUARTER PER DIEM IS PAYABLE TO LIEUTENANT COLONEL PAUL HAYNE. WHILE NO TRAVEL ORDERS WERE ATTACHED TO THE VOUCHER SUBMITTED WITH YOUR LETTER. IT IS REPORTED THAT HE WAS PAID PER DIEM FOR CONSTRUCTIVE TRAVEL BASED ON A SCHEDULED FLIGHT BY COMMERCIAL AIRCRAFT DEPARTING FROM FRIENDSHIP AIRPORT. APPARENTLY PER DIEM FOR ONLY ONE-QUARTER DAY WAS PAID HIM FOR THAT DAY. MEADE IS SUBJECT TO THE DETERMINATION AND CONVENIENCE OF THE TRAVELER? IN CASES WHERE A MEMBER'S STATION IS NOT LOCATED IN AN INCORPORATED CITY OR TOWN. THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.'.

B-129812, DEC. 6, 1956

TO LIEUTENANT COLONEL J. L. RYAN, FC, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF NOVEMBER 15, 1956, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 16, 1956, REQUESTING AN ADVANCE DECISION AS TO WHETHER AN ADDITIONAL ONE- QUARTER PER DIEM IS PAYABLE TO LIEUTENANT COLONEL PAUL HAYNE, JR., IN THE CIRCUMSTANCES DISCUSSED BELOW.

WHILE NO TRAVEL ORDERS WERE ATTACHED TO THE VOUCHER SUBMITTED WITH YOUR LETTER, IT APPEARS THAT THE OFFICER LEFT FORT GEORGE G. MEADE, MARYLAND, AT 2:30 P.M. AUGUST 23, 1956, EN ROUTE TO FORT BENJAMIN HARRISON, INDIANA, PURSUANT TO ORDER LETTER M8-89, DATED AUGUST 17, 1956, WHICH DIRECTED THE PERFORMANCE OF TEMPORARY DUTY AT THE LATTER PLACE AND AUTHORIZED THREE DAYS' DELAY CHARGEABLE AS LEAVE. HE ARRIVED AT FORT BENJAMIN HARRISON AT 7:30 P.M. AUGUST 26, 1956. IT IS REPORTED THAT HE WAS PAID PER DIEM FOR CONSTRUCTIVE TRAVEL BASED ON A SCHEDULED FLIGHT BY COMMERCIAL AIRCRAFT DEPARTING FROM FRIENDSHIP AIRPORT, BALTIMORE, MARYLAND--- LOCATED EIGHT MILES FROM FORT MEADE--- AT 6:05 P.M. EASTERN DAYLIGHT SAVING TIME ON AUGUST 26, 1956. APPARENTLY PER DIEM FOR ONLY ONE-QUARTER DAY WAS PAID HIM FOR THAT DAY.

YOU ASK THE FOLLOWING TWO QUESTIONS:

"A. IN THE ABSENCE OF ANY SPECIFIED "REGULAR TERMINAL" IN THIS LOCALITY, MAY PER DIEM BE COMPUTED FROM THE TIME OF DEPARTURE FROM FRIENDSHIP AIRPORT SINCE THE TIME OF DEPARTURE FROM FORT GEORGE G. MEADE IS SUBJECT TO THE DETERMINATION AND CONVENIENCE OF THE TRAVELER?

"B. IN VIEW OF THE CLOSE PROXIMITY, MAY THE AIRPORT BE CONSIDERED AS WITHIN THE "CORPORATE LIMITS" OF THIS STATION?

PARAGRAPH 3050 AND 4201-4, JOINT TRAVEL REGULATIONS, APPEAR TO CONTEMPLATE THE PAYMENT OF PER DIEM COMMENCING AT THE TIME OF DEPARTURE FROM A PERMANENT DUTY STATION. IN CASES WHERE A MEMBER'S STATION IS NOT LOCATED IN AN INCORPORATED CITY OR TOWN, PARAGRAPH 1150 10A OF SUCH REGULATIONS DEFINES A PERMANENT STATION AS THE "RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.' THE RECORD SUGGESTS NO BASIS FOR A CONCLUSION THAT FRIENDSHIP AIRPORT SHOULD BE CONSIDERED AS WITHIN THE LIMITS OF FORT MEADE AND IN VIEW OF THE DISTANCE BETWEEN THE TWO PLACES AND THE TIME OF DEPARTURE OF THE PLAN EAT 6:05 P.M.--- PRESUMABLY NO LATER PLANE WAS AVAILABLE ON AUGUST 26--- IT APPEARS THAT A DEPARTURE FROM FORT MEADE BEFORE 6:00 P.M. WOULD HAVE BEEN REQUIRED TO TAKE THAT PLANE. ACCORDINGLY, BOTH OF YOUR QUESTIONS ARE ANSWERED IN THE NEGATIVE.

ALSO FOR CONSIDERATION IN THIS MATTER IS SECTION 2 OF THE ACT OF MARCH 19, 1918, 15 U.S.C. 262, AS FOLLOWS:

"* * * IN ALL STATUTES, ORDERS, RULES AND REGULATIONS RELATING TO THE TIME OF PERFORMANCE OF ANY ACT BY ANY OFFICER OR DEPARTMENT OF THE UNITED STATES, WHETHER IN THE LEGISLATIVE, EXECUTIVE, OR JUDICIAL BRANCHES OF THE GOVERNMENT, OR RELATING TO THE TIME WITHIN WHICH ANY RIGHTS SHALL ACCRUE OR DETERMINE, OR WITHIN WHICH ANY ACT SHALL OR SHALL NOT BE PERFORMED BY ANY PERSON SUBJECT TO THE JURISDICTION OF THE UNITED STATES, IT SHALL BE UNDERSTOOD AND INTENDED THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT IS TO BE FORMED.'

INASMUCH AS THE PLANE INVOLVED WAS SCHEDULED TO DEPART FROM FRIENDSHIP AIRPORT AT 5:05 P.M. EASTERN STANDARD TIME, IT APPEARS THAT THE OFFICER IS ENTITLED TO AN ADDITIONAL ONE-QUARTER PER DIEM FOR THE CONSTRUCTIVE TRAVEL TIME PRIOR TO 6:00 P.M.EASTERN STANDARD TIME. COMPARE 31 COMP. GEN. 442, 35 COMP. GEN. 650.

PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.