B-130601, APR. 30, 1957

B-130601: Apr 30, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DONALDSON: REFERENCE IS MADE TO YOUR UNDATED LETTER. WHILE YOU WERE ON ACTIVE DUTY AS A MARINE CORPS RESERVE OFFICER AT CAMP PENDLETON. INASMUCH AS WE HAVE RECEIVED NO COMMUNICATION FROM THE ATTORNEY IN THE MATTER. YOUR LETTER WILL BE CONSIDERED AS REQUESTING A REVIEW OF THE ACTION TAKEN ON YOUR CLAIM. BY ENDORSEMENT OF JULY 2 TO YOUR ORDERS YOU WERE ADVISED THAT "ADEQUATE BACHELOR OFFICERS' QUARTERS ARE NOT AVAILABLE. " AND THAT WHILE YOU WERE IN A RENTAL STATUS NO QUARTERS OF ANY TYPE COULD BE OCCUPIED BY YOU AT CAMP PENDLETON WITHOUT FIRST OBTAINING WRITTEN AUTHORITY. YOU WERE DIRECTED TO REPORT TO THE COMMANDING OFFICER OF THE STAGING REGIMENT FOR ASSIGNMENT TO A REPLACEMENT BATTALION.

B-130601, APR. 30, 1957

TO MR. WILLIAM H. DONALDSON:

REFERENCE IS MADE TO YOUR UNDATED LETTER, POSTMARKED JANUARY 15, 1957, CONCERNING OUR SETTLEMENT OF OCTOBER 5, 1956, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL PER DIEM ALLOWANCE IN LIEU OF THE BASIC ALLOWANCE FOR QUARTERS RECEIVED BY YOU FOR THE PERIOD JULY 3 TO OCTOBER 11, 1954, WHILE YOU WERE ON ACTIVE DUTY AS A MARINE CORPS RESERVE OFFICER AT CAMP PENDLETON, CALIFORNIA. YOU STATED THAT YOU HAD TURNED YOUR CLAIM OVER TO AN ATTORNEY AND THAT HE WOULD BE IN TOUCH WITH US IN THE NEAR FUTURE. INASMUCH AS WE HAVE RECEIVED NO COMMUNICATION FROM THE ATTORNEY IN THE MATTER, YOUR LETTER WILL BE CONSIDERED AS REQUESTING A REVIEW OF THE ACTION TAKEN ON YOUR CLAIM.

ORDERS OF HEADQUARTERS, U.S. MARINE CORPS, DATED MAY 19, 1954, PROVIDED THAT UPON DETACHMENT FROM DUTY AT MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, YOU SHOULD PROCEED TO CAMP PENDLETON AND REPORT TO THE COMMANDING GENERAL, MARINE CORPS BASE,"FOR DUTY AND FURTHER TRANSPORTATION BEYOND THE SEAS DURING OCTOBER 1954 FOR DUTY WITH THE 3D MARINE DIVISION, FLEET MARINE FORCE AS A REPLACEMENT.' YOU REPORTED AT CAMP PENDLETON ON JULY 2, 1954. BY ENDORSEMENT OF JULY 2 TO YOUR ORDERS YOU WERE ADVISED THAT "ADEQUATE BACHELOR OFFICERS' QUARTERS ARE NOT AVAILABLE," AND THAT WHILE YOU WERE IN A RENTAL STATUS NO QUARTERS OF ANY TYPE COULD BE OCCUPIED BY YOU AT CAMP PENDLETON WITHOUT FIRST OBTAINING WRITTEN AUTHORITY. BY ORDERS DATED SEPTEMBER 20, 1954, YOU WERE DIRECTED TO REPORT TO THE COMMANDING OFFICER OF THE STAGING REGIMENT FOR ASSIGNMENT TO A REPLACEMENT BATTALION. UNDER ORDERS DATED OCTOBER 12, 1954, AND DIRECTED TO PROCEED TO SAN FRANCISCO, CALIFORNIA, FOR TEMPORARY DUTY AND TRANSPORTATION TO THE FAR EAST FOR DUTY. YOU STATED THAT YOU OBTAINED LIVING QUARTERS AWAY FROM THE BASE WHILE AT CAMP PENDLETON SINCE THE ENDORSEMENT TO YOUR ORDERS STATED THAT QUARTERS AT THE CAMP WERE UNAVAILABLE.

TRAVEL AND TRANSPORTATION ALLOWANCES, INCLUDING PER DIEM ALLOWANCES, ARE AUTHORIZED UNDER SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ONLY FOR PERIODS WHILE THE MEMBER IS IN A TRAVEL STATUS (INCLUDING DUTY AT A TEMPORARY STATION) AWAY FROM HIS PERMANENT DUTY STATION. WHETHER AN ASSIGNMENT AT A PARTICULAR DUTY STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED NOT ONLY FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE BUT ALSO UPON A CONSIDERATION OF SUCH FACTORS AS THE ANTICIPATED DURATION OF THE ASSIGNMENT, AND WHETHER SUCH ASSIGNMENT IS BUT A PHASE OF TRANSFER BETWEEN THE OLD AND THE ULTIMATE NEW STATION. WHILE YOUR ASSIGNMENT AT CAMP PENDLETON WAS FOR "DUTY," WHICH ORDINARILY INDICATES A PERMANENT ASSIGNMENT, THE ADDITIONAL LANGUAGE "AND FURTHER TRANSPORTATION BEYOND THE SEAS * * * FOR DUTY," COUPLED WITH THE FACT THAT SUCH DUTY AT CAMP PENDLETON WAS LIMITED TO A COMPARATIVELY SHORT TIME, REQUIRES THE CONCLUSION THAT SUCH ASSIGNMENT ACTUALLY WAS TEMPORARY IN NATURE, COMPARE DECISION B-123140, JUNE 8, 1955.

DURING THE PERIOD INVOLVED PARAGRAPH 4205-6C OF THE JOINT TRAVEL REGULATIONS AUTHORIZED THE PAYMENT TO OFFICERS OF PER DIEM "FOR PERIODS OF DELAY OR TEMPORARY DUTY IN CONNECTION WITH A PERMANENT CHANGE OF STATION WHILE AWAITING FURTHER ASSIGNMENT, TRANSPORTATION, OR PROCESSING AT PORTS OF EMBARKATION OR DEBARKATION, OR PROCESSING CENTERS OPERATED IN CONJUNCTION THEREWITH," AT THE RATE OF $5 WHERE EITHER GOVERNMENT QUARTERS OR MESS WERE AVAILABLE AND AT THE RATE OF $1.65 WHERE BOTH QUARTERS AND MESS WERE AVAILABLE. HEADQUARTERS, U.S. MARINE CORPS, IN FORWARDING YOUR CLAIM TO US, ADVISED THAT YOU HAD BEEN PAID A PER DIEM FOR THE PERIOD IN QUESTION AT THE RATE OF $1.65. THEY ALSO ADVISED THAT YOU HAD BEEN PAID A BASIC ALLOWANCE FOR QUARTERS AT THE RATE OF $68.40 PER MONTH FOR THE SAME PERIOD. WE HAVE BEEN ADVISED, INFORMALLY, THAT YOU WERE INFORMED BY THE MARINE CORPS THAT YOU WERE ERRONEOUSLY CREDITED WITH THE BASIC QUARTERS ALLOWANCE AND SO SHOULD REFUND THE AMOUNT PAID TO YOU FOR THAT PURPOSE.

SECTION 102 OF THE DEFICIENCY APPROPRIATION ACT, 1950, 64 STAT. 288, PROVIDES THAT NO APPROPRIATION CONTAINED IN THAT OR ANY OTHER ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS OF A BASIC ALLOWANCE FOR QUARTERS FOR ANY PERIODS AFTER JUNE 29, 1950,"WHILE SUCH MEMBER IS IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT-DUTY STATIONS.' IN VIEW OF SUCH PROVISION, THE ADMINISTRATIVE DETERMINATION THAT YOU WERE NOT ENTITLED TO THE BASIC QUARTERS ALLOWANCE WHILE IN A TRAVEL STATUS AT CAMP PENDLETON WAS CORRECT.

PARAGRAPH 1C, CHANGE 1 TO MARINE CORPS MEMORANDUM 62-55, DATED OCTOBER 4, 1955 (M.C. FINANCIAL MANAGEMENT DIRECTIVE NO. 7220.8), STATES THAT ORDERS OF OFFICERS WHO REPORTED TO CAMP PENDLETON AND EL TORO, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS WERE ENDORSED TO SHOW THAT NO GOVERNMENT QUARTERS WERE AVAILABLE ON THE BASIS THAT THOSE STATIONS WERE THE OFFICERS' PERMANENT DUTY STATIONS, BUT THAT GOVERNMENT QUARTERS ACTUALLY WERE AVAILABLE FOR PER DIEM PURPOSES, AND CONSEQUENTLY, THAT SUCH ENDORSEMENTS SHOULD BE DISREGARDED IN THE SETTLEMENT OF PER DIEM CLAIMS. HOWEVER, IRRESPECTIVE OF THE FACT THAT QUARTERS WERE AVAILABLE FOR ASSIGNMENT, YOU WERE ADVISED BY ENDORSEMENT ON YOUR ORDERS THAT BACHELOR OFFICERS' QUARTERS WERE NOT AVAILABLE FOR YOU AND THAT YOU COULD NOT OCCUPY QUARTERS OF ANY TYPE AT CAMP PENDLETON WITHOUT WRITTEN AUTHORITY. HAVING THUS BEEN EXPRESSLY DENIED ACCESS TO OTHERWISE AVAILABLE QUARTERS, IT IS CONCLUDED THAT QUARTERS WERE NOT AVAILABLE TO YOU AND THEREFORE THAT YOU ARE ENTITLED TO PER DIEM AT THE $5 RATE FOR THE PERIOD IN QUESTION. ACCORDINGLY, IN A SETTLEMENT TO ISSUE IN DUE COURSE, YOU WILL BE ALLOWED AN AMOUNT REPRESENTING PER DIEM ALLOWANCE AT THE RATE OF $5 FOR THE PERIOD FROM JULY 3 TO OCTOBER 11, 1954, LESS THE SUMS OF $166.65 THAT YOU PREVIOUSLY WERE PAID AS PER DIEM AND $225.72 ERRONEOUSLY CREDITED TO YOU FOR THAT PERIOD AS BASIC QUARTERS ALLOWANCE.