B-131251, MAY 10, 1957

B-131251, MAY 10, 1957

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED MARCH 22, 1957, FROM THE ASSISTANT SECRETARY OF THE NAVY (FINANCIAL MANAGEMENT), REQUESTING DECISION AS TO THE LEGALITY OF PAYMENT OF THE $15 PER DIEM RATE PROVIDED IN THE JOINT TRAVEL REGULATIONS, TABLE 3, APPENDIX B, CHANGE 47, TO A MEMBER ASSIGNED TO PERMANENT DUTY AT HAWAII AND ENTITLED TO STATION PER DIEM AT THE TRAVEL RATE PRESCRIBED FOR THAT AREA UNDER THE PROVISIONS OF PARAGRAPH 4303.2A OF SUCH REGULATIONS DURING THE PERIOD MARCH 30 TO DECEMBER 19, 1956.

PARAGRAPH 4303.2A OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF A STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE PRESCRIBED FOR THE AREA INVOLVED TO A MEMBER UPON HIS INITIAL ASSIGNMENT TO A PERMANENT STATION OUTSIDE THE UNITED STATES FOR A PERIOD OF UP TO 45 DAYS AFTER HIS ARRIVAL IF GOVERNMENT QUARTERS ARE NOT AVAILABLE FOR HIMSELF OR FOR HIMSELF AND DEPENDENTS, IF WITH DEPENDENTS, AND HE IS REQUIRED TO SECURE TEMPORARY LODGINGS. SUCH PROVISION RECOGNIZES AN INADEQUACY OF REGULAR STATION PER DIEM ALLOWANCES UNDER THE CIRCUMSTANCES SET FORTH AND SO PROVIDES FOR AN INCREASE IN THE RATE FOR THE STATION ALLOWANCES AUTHORIZED TO AN AMOUNT EQUALING THAT PRESCRIBED FOR MEMBERS IN A TRAVEL STATUS, APPARENTLY ON THE BASIS OF A DETERMINATION THAT THE ADDITIONAL SUBSISTENCE NEEDS OF MEMBERS SO SITUATED TEMPORARILY APPROXIMATE THOSE OF MEMBERS IN A TRAVEL STATUS, APPARENTLY ON THE BASIS OF A DETERMINATION THAT THE ADDITIONAL SUBSISTENCE NEEDS OF MEMBERS SO SITUATED TEMPORARILY APPROXIMATE THOSE OF MEMBERS IN A TRAVEL STATUS SERVING AT THE SAME LOCATION. SINCE ENTITLEMENT TO THE INCREASED STATION ALLOWANCE UNDER THAT REGULATION IS DIRECTLY CONTINGENT UPON THE ABSENCE OF GOVERNMENT QUARTERS, THE INABILITY TO OBTAIN PERMANENT HOUSING, AND THE NECESSITY OF UTILIZING TEMPORARY LODGINGS, THE RATE CONTEMPLATED APPEARS TO BE THAT TO WHICH THE TRAVELING MEMBER IS ENTITLED WHEN GOVERNMENT QUARTERS ARE UNAVAILABLE.

PRIOR TO MARCH 30, 1956, THE TRAVEL PER DIEM RATE AUTHORIZED IN TABLE 3, APPENDIX B OF THE JOINT TRAVEL REGULATIONS, FOR HAWAII WAS $9, WHICH WAS THE FULL RATE PAYABLE UNDER CIRCUMSTANCES WHERE GOVERNMENT QUARTERS WERE NOT AVAILABLE. BY CHANGE 47, EFFECTIVE MARCH 30, 1956, THE RATE FOR HAWAII WAS CHANGED AS FOLLOWS:

HAWAII (EXCEPT THE FOLLOWING) $10.00

MEMBERS PERFORMING TEMPORARY DUTY

AT PLACES WHERE GOVERNMENT QUARTERS

ARE NOT AVAILABLE $15.00

SINCE THE $15 RATE IS PRESCRIBED AS THE TRAVEL RATE APPLICABLE WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE AND SO APPARENTLY IS THE RATE DETERMINED AS PROPER UNDER CIRCUMSTANCES WHERE THE MEMBER IS REQUIRED TO OBTAIN QUARTERS COMMERCIALLY ON A TEMPORARY BASIS--- THE CIRCUMSTANCE CONTEMPLATED IN PARAGRAPH 4303.2A OF THE JOINT TRAVEL REGULATIONS--- IT IS CONCLUDED THAT THE REGULATIONS PROVIDE THAT THOSE ENTITLED TO STATION PER DIEM AT THE PRESCRIBED TRAVEL RATE UNDER PARAGRAPH 4303.2A UPON ASSIGNMENT TO PERMANENT DUTY IN HAWAII DURING THE PERIOD MARCH 30 TO DECEMBER 19, 1956, MAY BE PAID THAT ALLOWANCE ON THE BASIS OF SUCH $15 RATE.