B-131242, JUL. 24, 1957

B-131242, JUL. 24, 1957

TO CAPTAIN H. H. BAILEY, FC, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1957, WITH ENCLOSURES, REQUESTING ADVANCE DECISION AS TO WHETHER TRAVEL ALLOWANCE IN THE AMOUNT OF $30.10 MAY BE PAID TO LIEUTENANT COLONEL STANLEY O. SHEA UNDER THE CIRCUMSTANCES SHOWN.

BY LETTER ORDER DATED JANUARY 22, 1957, HEADQUARTERS FIFTH UNITED STATES ARMY, CHICAGO, ILLINOIS, COLONEL SHEA WAS DIRECTED TO PROCEED FROM THAT HEADQUARTERS TO FORT SHERIDAN, ILLINOIS, ON TEMPORARY DUTY FOR APPROXIMATELY FIVE DAYS TO ATTEND UMPIRE SCHOOL AND PARTICIPATE IN EXERCISE BIG BLAST VI, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS STATION. THE ORDER STATED THAT PER DIEM WAS AUTHORIZED EXCEPT FOR THE PERIOD 0900 FEBRUARY 2 TO 1130 FEBRUARY 3, 1957, WHICH PERIOD WAS DESIGNATED FIELD TYPE DUTY AS CONTEMPLATED BY PARAGRAPH 4201.6, JOINT TRAVEL REGULATIONS. IT FURTHER PROVIDED THAT GOVERNMENT TRANSPORTATION WOULD BE FURNISHED TO FORT SHERIDAN ON JANUARY 30, AND RETURN ON FEBRUARY 3, AND THAT REIMBURSEMENT WOULD NOT BE AUTHORIZED FOR TRAVEL BY PRIVATELY OWNED VEHICLE.

COLONEL SHEA DEPARTED HIS STATION ON JANUARY 30, 1957, AND RETURNED ON FEBRUARY 3, 1957. DURING THAT PERIOD HE RETURNED TO HIS RESIDENCE IN CHICAGO ON JANUARY 30, JANUARY 31, AND FEBRUARY 1, 1957. HIS TRAVEL WAS PERFORMED BY PRIVATELY OWNED VEHICLE. GOVERNMENT QUARTERS AND SUBSISTENCE WERE AVAILABLE FOR THE ENTIRE PERIOD. COLONEL SHEA AND OTHER OFFICERS ON THE SAME ORDERS WERE REQUIRED TO PAY PER DIEM RATES FOR MEALS AND A SERVICE CHARGE FOR SLEEPING FACILITIES PRIOR TO THE ACTUAL EXERCISE PERIOD. THE AMOUNT CLAIMED, $30.10, REPRESENTS PER DIEM AT THE RATE APPLICABLE WHEN GOVERNMENT QUARTERS AND SUBSISTENCE ARE AVAILABLE PLUS MILEAGE FOR ONE ROUND TRIP. THIS IS WHAT THE OFFICER BELIEVES WOULD HAVE "ACCRUED" TO HIM HAD HE REMAINED AT FORT SHERIDAN DURING THE ENTIRE PERIOD OF TEMPORARY DUTY. HE STATES THAT ROUND-TRIP TRAVEL AND TEMPORARY DUTY COULD NOT HAVE BEEN COMPLETED WITHIN A TEN-HOUR PERIOD ON ANY CALENDAR DAY. ON AN "AS PERFORMED" BASIS (APPARENTLY FURNISHED AS AN ALTERNATE COMPUTATION FOR COMPARATIVE PURPOSES) HE STATES WOULD BE IN THE AMOUNT OF $44.15 CONSISTING OF FULL PER DIEM AT THE TRAVEL RATE PLUS MILEAGE FOR FOUR ROUND TRIPS.

YOUR DOUBT AS TO THE PAYMENT OF PER DIEM ARISES FROM THE FACT THAT THE OFFICER WAS NOT AWAY FROM HIS PERMANENT STATION FOR THE ENTIRE PERIOD. ALSO, YOU QUESTION WHETHER MILEAGE MAY BE PAID IN VIEW OF THE TRANSPORTATION PROVISION IN THE ORDER.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, IN PERTINENT PART, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. PARAGRAPH 4204-3C, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE WAS AVAILABLE BUT TRAVEL WAS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED. PARAGRAPH 3050-1 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS AND THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. WHILE PARAGRAPH 4205-4 OF THE REGULATIONS BARS PAYMENT OF PER DIEM FOR ROUND TRIPS PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY, IT HAS BEEN HELD THAT WHEN ORDERED TEMPORARY DUTY IS PERFORMED AT A NEARBY PLACE, UNDER CIRCUMSTANCES WHERE THE DUTY INVOLVED PLUS THE NECESSARY TRAVEL TIME TO AND FROM HOME EXCEEDS TEN HOURS EACH DAY, PER DIEM IS PROPERLY PAYABLE FOR THE FRACTIONAL PART OF THE DAY AS PROVIDED IN PARAGRAPH 4205-2 OF SUCH REGULATIONS. 34 COMP. GEN. 549.

IN THE PRESENT CASE IT APPARENTLY WAS CONTEMPLATED THAT TRAVEL AND TEMPORARY DUTY WOULD INVOLVE MORE THAN TEN HOURS EACH DAY. GOVERNMENT TRANSPORTATION WAS TO BE FURNISHED TO THE TEMPORARY STATION AND FOR THE RETURN TRIP UPON COMPLETION OF THE TEMPORARY DUTY. APPARENTLY SUCH TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN FURNISHED. SUCH BEING THE CASE, THERE IS NO BASIS FOR THE PAYMENT OF MILEAGE. THE ONLY DUTY WHICH COLONEL SHEA WAS REQUIRED TO PERFORM UNDER THE ORDERS OF JANUARY 22, 1957, WAS TEMPORARY DUTY AT FORT SHERIDAN AND ONE ROUND TRIP FROM CHICAGO TO FORT SHERIDAN AND RETURN. NO OTHER TRAVEL WAS DIRECTED OR REQUIRED UNDER THOSE ORDERS.

A MEMBER UNDER ORDERS TO PERFORM A PERIOD OF TEMPORARY DUTY WHO ELECTS TO TRAVEL DAILY BETWEEN HIS PERMANENT DUTY STATION, WHICH INCLUDES HIS HOME, AND THE TEMPORARY DUTY STATION INVOLVING A DAILY ABSENCE FROM HIS PERMANENT STATION IN EXCESS OF 10 HOURS MAY BE PAID PER DIEM FOR SUCH ABSENCES COMPUTED AT THE TRAVEL RATE, BUT NOT TO EXCEED THE AMOUNT WHICH WOULD HAVE ACCRUED TO HIM HAD HE REMAINED AT THE TEMPORARY DUTY STATION THROUGHOUT THE PERIOD OF TEMPORARY DUTY. ON THAT BASIS, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED IF ADJUSTED TO ELIMINATE THE MILEAGE CLAIMED.