B-130174, FEB. 12, 1957

B-130174: Feb 12, 1957

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POMERANTZ: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 24. WHILE YOU WERE PERFORMING TEMPORARY DUTY AS A NAVAL RESERVE OFFICER AT BROOKLYN. UPON THE COMPLETION OF WHICH YOU WERE TO REPORT TO THE SAME OFFICER FOR DUTY AT THAT ACTIVITY. YOU WERE DETACHED AT BAYONNE AND REPORTED FOR TEMPORARY DUTY AT BROOKLYN ON APRIL 2. PROVIDED THAT WHEN YOU WERE DIRECTED. FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED YOU. YOU WERE DIRECTED TO PROCEED TO SAN FRANCISCO. FOR TRANSPORTATION TO GUAM WHERE YOU WERE TO REPORT FOR DUTY. TO THOSE ORDERS STATES THAT TEMPORARY DUTY UNDER INSTRUCTION WAS COMPLETED AND YOU WERE DETACHED THAT DAY. YOU WERE PAID PER DIEM FOR THE PERIOD APRIL 3 TO MAY 13. WAS CHECKED IN YOUR PAY ACCOUNT PURSUANT TO A GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTION.

B-130174, FEB. 12, 1957

TO MR. ARNOLD J. POMERANTZ:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 24, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 8, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM COVERING THE PERIOD APRIL 3 TO MAY 13, 1954, WHILE YOU WERE PERFORMING TEMPORARY DUTY AS A NAVAL RESERVE OFFICER AT BROOKLYN, NEW YORK, UNDER BUREAU OF NAVAL PERSONNEL ORDERS DATED MARCH 15, 1954.

THE SAID ORDERS DIRECTED THAT UPON YOUR DETACHMENT FROM DUTY UNDER INSTRUCTION AT THE NAVAL SUPPLY DEPOT, BAYONNE, NEW JERSEY, YOU SHOULD PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVY SHIPS STORE OFFICE, NAVAL SUPPLY ACTIVITIES, AT BROOKLYN, NEW YORK, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT SIX WEEKS, UPON THE COMPLETION OF WHICH YOU WERE TO REPORT TO THE SAME OFFICER FOR DUTY AT THAT ACTIVITY. YOU WERE DETACHED AT BAYONNE AND REPORTED FOR TEMPORARY DUTY AT BROOKLYN ON APRIL 2. BUREAU OF NAVAL PERSONNEL ORDERS DATED MAY 4, 1954, PROVIDED THAT WHEN YOU WERE DIRECTED, ON OR ABOUT MAY 17, 1954, YOU SHOULD REGARD YOURSELF DETACHED FROM DUTY AT BROOKLYN, AND FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED YOU, AND YOU WERE DIRECTED TO PROCEED TO SAN FRANCISCO, CALIFORNIA, FOR TRANSPORTATION TO GUAM WHERE YOU WERE TO REPORT FOR DUTY. INDORSEMENT OF MAY 14, 1954, TO THOSE ORDERS STATES THAT TEMPORARY DUTY UNDER INSTRUCTION WAS COMPLETED AND YOU WERE DETACHED THAT DAY. YOU WERE PAID PER DIEM FOR THE PERIOD APRIL 3 TO MAY 13, 1954, AT BROOKLYN IN THE AMOUNT OF $347. HOWEVER, IT APPEARS THAT THAT AMOUNT, LESS CREDIT FOR BASIC ALLOWANCE FOR QUARTERS, WAS CHECKED IN YOUR PAY ACCOUNT PURSUANT TO A GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTION. THE PROVISIONS OF A LETTER DATED JANUARY 19, 1956, FROM THE CHIEF OF NAVAL PERSONNEL, CONCERNING THE DUTY IN QUESTION, PURPORT TO CORRECT YOUR ORDERS OF MAY 4, 1954, TO PROVIDE FOR YOUR DETACHMENT FROM TEMPORARY DUTY UNDER INSTRUCTION INSTEAD OF "FROM DUTY," AND TO INCLUDE A NEW PARAGRAPH STATING THAT THE CHIEF OF NAVAL PERSONNEL NEVER INTENDED THAT YOU BE ASSIGNED TO DUTY AT THE BROOKLYN STATION UPON THE COMPLETION OF THE TEMPORARY DUTY ASSIGNMENT THERE, SUCH WORDING HAVING BEEN USED ERRONEOUSLY.

IT HAS BEEN RECOGNIZED THAT TRAVEL ORDERS WHICH ARE INCOMPLETE OR AMBIGUOUS ON THEIR FACE THROUGH ERROR OR OMISSION IN THEIR ISSUANCE MIGHT BE CORRECTED ON A DATE SUBSEQUENT TO THE PERFORMANCE OF THE DIRECTED TRAVEL TO REFLECT THE ORIGINAL INTENT OF THE ISSUING AUTHORITY. 24 COMP. GEN. 439. YOUR ORDERS OF MARCH 15 AND MAY 4, 1954, HOWEVER, APPEAR TO HAVE BEEN COMPLETE AND WITHOUT AMBIGUITY IN THEIR REFLECTION OF THE ACTUAL INTENTION OF THE ISSUING AUTHORITY AS TO PROVISIONAL CONTENT EVEN THOUGH THE RESULTING EFFECTS OF THE PROVISIONS OF THE ORDERS POSSIBLY MAY NOT HAVE BEEN THOSE ANTICIPATED. CONSEQUENTLY, THE PURPORTED CORRECTIONS OF JANUARY 19, 1956, CANNOT BE RECOGNIZED.

PER DIEM MAY BE PAID TO MILITARY PERSONNEL ONLY WHILE TRAVELING AWAY FROM THEIR DESIGNATED POSTS OF DUTY. UNDER CIRCUMSTANCES WHERE, AS IN YOUR CASE, TEMPORARY DUTY IS DIRECTED AT A STATION WHICH IS DESIGNATED AS THE REGULAR DUTY STATION UPON THE COMPLETION OF THE TEMPORARY ASSIGNMENT, IT HAS BEEN HELD THAT SUCH STATION BECOMES THE DESIGNATED POST OF DUTY OR PERMANENT STATION OF THE MEMBER UPON HIS FIRST REPORTING UNDER THE TEMPORARY ASSIGNMENT AND, CONSEQUENTLY, THAT HE CANNOT ENTER A TRAVEL STATUS FOR PER DIEM PURPOSES UNTIL SUBSEQUENTLY REQUIRED TO TRAVEL AWAY FROM THAT STATION. 34 COMP. GEN. 427. IT MUST BE CONSIDERED, THEREFORE, THAT THE STATION AT BROOKLYN BECAME YOUR DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 8, 1956, IS SUSTAINED. THE ENCLOSURES FORWARDED WITH YOUR LETTER OF OCTOBER 24, 1956, ARE RETURNED HEREWITH.