B-130522, FEB. 20, 1957

B-130522, FEB. 20, 1957

TO MR. D. N. COBA, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF JANUARY 29, 1957, JAG:1342.2:SH, THE OFFICE OF THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED HERE YOUR LETTER OF NOVEMBER 1, 1956, WITH ENCLOSURES, FP320 (NB:MMB) L20, REQUESTING OUR DECISION AS TO WHETHER CLIFFORD T. F. CHUN, MAY BE PAID PER DIEM FOR THE PERIOD FROM 4:30 P.M. APRIL 9, 1956, TO 5:00 A.M. APRIL 11, 1956, WHILE IN AN INTERRUPTED TRAVEL STATUS AT HIS PERMANENT DUTY STATION UNDER THE CIRCUMSTANCES STATED BELOW.

BY TRAVEL ORDER GS-419, DATED MARCH 7, 1956, MR. CHUN AN EMPLOYEE OF THE PEARL HARBOR NAVAL SHIPYARD WAS DIRECTED TO PROCEED TO THE NAVAL SCHOOLS COMMAND, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, FOR TEMPORARY DUTY, THENCE TO ENIWETOK ATOLL, MARSHALL ISLANDS, AND RETURN TO PEARL HARBOR, HAWAII, UPON COMPLETION OF HIS TEMPORARY DUTY. UPON COMPLETION OF MR. CHUN'S ASSIGNMENT TO TREASURE ISLAND AND WHILE EN ROUTE TO ENIWETOK ATOLL THE PLANE DEVELOPED ENGINE TROUBLE AND WAS FORCED TO LAND AT 4:30 A.M. ON APRIL 9, 1956, AT HICKMAN AIR FORCE BASE, HAWAII, WHICH IS IN THE AREA OF MR. CHUN'S RESIDENCE AND PERMANENT DUTY STATION. AT 7:00 P.M. MR. CHUN WAS PERMITTED BY HIS PROJECT LEADER TO VISIT HIS FAMILY WITH INSTRUCTIONS TO RETURN AT 12:00 P.M. TO CATCH A SCHEDULED 5:00 A.M. FLIGHT ON APRIL 10, 1956. THE OTHER PERSONS IN THE PARTY WERE ASSIGNED TO QUARTERS AT THE AIR BASE. THE PLANE LEFT AT 5:00 A.M. AND AFTER APPROXIMATELY ONE HOUR IN THE AIR ENGINE TROUBLE DEVELOPED FORCING THE PLANE TO RETURN TO HICKMAN AIR FORCE BASE. PASSENGERS WERE IN A STANDBY STATUS UNTIL DEPARTURE OF A 5:30 P.M. FLIGHT WHICH ONLY TAXIED TO THE RUNWAY AND WAS FORCED TO RETURN. MR. CHUN WAS AGAIN PERMITTED TO VISIT HIS HOME AND 15 MINUTES AFTER HIS ARRIVAL HE WAS ADVISED TO RETURN TO THE AIR BASE IMMEDIATELY FOR A 2:00 A.M. FLIGHT APRIL 11, 1956. THE PLANE DEPARTED HICKMAN AIR FORCE BASE AT 5:00 A.M. IT IS NOTED THAT MR. CHUN DID NOT SPEND A COMPLETE NIGHT AT HOME AND CONSUMED ONLY ONE MEAL THERE. ALL OTHER MEALS WHILE IN A STANDBY STATUS WERE PURCHASED BY MR. CHUN AT HICKMAN AIR FORCE BASE AND COMMERCIAL ESTABLISHMENTS. WHILE HIS INTERRUPTED TRAVEL WAS AT HIS PERMANENT DUTY STATION, THE CIRCUMSTANCES OF TRAVEL WERE SUCH THAT HE WAS NOT EXPECTED TO REPORT TO THIS PERMANENT DUTY STATION. EXCEPT FOR THE SHORT VISIT TO HIS HOME, THE CIRCUMSTANCES OF HIS TRAVEL WERE NOT ESSENTIALLY DIFFERENT FROM THOSE OF THE OTHER PASSENGERS OF HIS PARTY WHO WERE PROVIDED GOVERNMENT QUARTERS AT HICKMAN AIR FORCE BASE AND WHEN IT APPEARS WERE PAID THE APPROPRIATE PER DIEM ALLOWANCE.

THE SPECIFIC QUESTION UPON WHICH DECISION IS REQUESTED APPEARS TO BE WHETHER IN VIEW OF THE CIRCUMSTANCES OUTLINED ABOVE, IF THE STOPOVER AT MR. CHUN'S HEADQUARTERS IN HAWAII, FOR REPAIRS TO THE AIRPLANE IS TO BE REGARDED AS AN INTERRUPTION IN HIS TRAVEL STATUS FOR PER DIEM ALLOWANCE PURPOSES. THE FACTS AS OUTLINED IN YOUR LETTER, CLEARLY INDICATE THAT IT WAS CONTEMPLATED THAT MR. CHUN WOULD REMAIN IN A CONTINUOUS TRAVEL STATUS UNTIL HIS RETURN TO HAWAII FOLLOWING COMPLETION OF HIS TEMPORARY DUTY AT SAN FRANCISCO AND ENIWETOK ATOLL AND THAT THE STOPOVER AT HAWAII EN ROUTE TO ENIWETOK ATOLL WAS NECESSITATED BY CIRCUMSTANCES BEYOND HIS CONTROL. UNDER THE CIRCUMSTANCES THE CONCLUSION APPEARS WARRANTED THAT MR. CHUN REMAINED IN AN UNINTERRUPTED TRAVEL STATUS WHILE IN A STANDBY STATUS IN HAWAII AWAITING REPAIRS TO THE AIRPLANE.

ACCORDINGLY, THAT PORTION OF THE VOUCHER, RETURNED HEREWITH, REPRESENTING PER DIEM FROM 4:30 ..END :