B-132196, AUG. 23, 1957

B-132196, AUG. 23, 1957

TO MR. T. W. TURCOTTE, DISBURSING OFFICER, VIA THE COMMANDANT OF THE MARINE CORPS (COP):

BY ENDORSEMENT OF MAY 30, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF APRIL 1, 1957, IN WHICH YOU REQUEST DECISION AS TO THE LEGALITY OF MAKING PAYMENT ON THE ATTACHED VOUCHER IN FAVOR OF SERGEANT BILLIE D. KING, USMC, FOR MILEAGE INCIDENT TO TRAVEL FROM CAMP LEJEUNE, NORTH CAROLINA, TO PARRIS ISLAND, SOUTH CAROLINA, AND RETURN, AND FOR PER DIEM AT THE RATE OF $1 FOR THE PERIOD FEBRUARY 15 TO MARCH 1, 1957, WHILE PERFORMING TEMPORARY DUTY AT PARRIS ISLAND.

UNDER ORDERS OF HEADQUARTERS MARINE CORPS BASE, CAMP LEJEUNE, DATED JANUARY 30, 1957, SERGEANT KING WAS DIRECTED TO PROCEED ON FEBRUARY 8, 1957, TO THE MARINE CORPS RECRUIT DEPOT, PARRIS ISLAND, REPORTING UPON ARRIVAL TO THE COMMANDING GENERAL "FOR ASSIGNMENT TO TEMPORARY DUTY UNDER INSTRUCTION IN THE DRILL INSTRUCTOR SCHOOL AND FURTHER ASSIGNMENT TO DUTY AS A DRILL INSTRUCTOR THEREAT UPON COMPLETION.' ALSO, IT WAS PROVIDED THAT TRANSPORTATION OF HOUSEHOLD EFFECTS AND DEPENDENTS WAS NOT AUTHORIZED UNTIL SUCCESSFUL COMPLETION OF THE COURSE OF INSTRUCTION AND SUBSEQUENT ASSIGNMENT TO DUTY AS A DRILL INSTRUCTOR. SECOND ENDORSEMENT OF THE COMMANDING GENERAL OF THE MARINE CORPS RECRUIT DEPOT AT PARRIS ISLAND, DATED FEBRUARY 14, 1957, STATED THAT SERGEANT KING REPORTED THERE ON FEBRUARY 14, AND WAS ASSIGNED TO TEMPORARY DUTY UNDER INSTRUCTION "AND FOR FURTHER ASSIGNMENT DUTY AS A DRILL INSTRUCTOR UPON COMPLETION.' THIRD ENDORSEMENT OF THE SAME AUTHORITY, DATED FEBRUARY 28, 1957, PROVIDED THAT THE BASIC ORDERS OF JANUARY 30, 1957, WERE MODIFIED IN THAT SERGEANT KING SHOULD, ON MARCH 2, 1957, PROCEED AND REPORT AT THE MARINE CORPS BASE, CAMP LEJEUNE, NOT LATER THAN MARCH 4 FOR DUTY. HE LEFT PARRIS ISLAND ON MARCH 2 AND REPORTED AT CAMP LEJEUNE ON MARCH 4, AS DIRECTED.

WHERE ORDERS DESIGNATE A MEMBER'S TEMPORARY DUTY STATION AS HIS PERMANENT STATION EFFECTIVE UPON THE COMPLETION OF THE TEMPORARY ASSIGNMENT, IT HAS BEEN HELD THAT SUCH STATION BECOMES HIS DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES IMMEDIATELY UPON HIS ARRIVAL THERE. 34 COMP. GEN. 427; B- 122508, JUNE 8, 1955. YOU QUESTION THE APPLICATION OF THAT PRINCIPLE IN SERGEANT KING'S CASE, HOWEVER, IN VIEW OF THE FACT THAT THE PERMANENT ASSIGNMENT TO DUTY AT PARRIS ISLAND WAS DIRECTLY CONTINGENT UPON THE SUCCESSFUL COMPLETION OF THE TEMPORARY DUTY ASSIGNMENT UNDER INSTRUCTION, IT APPARENTLY BEING YOUR VIEW THAT UNDER SUCH CIRCUMSTANCES THE LOCATION OF THE MEMBER'S DESIGNATED POST OF DUTY SHOULD NOT BE CONSIDERED TO HAVE CHANGED TO PARRIS ISLAND UNTIL THE HAPPENING OF THAT CONTINGENCY.

A MEMBER'S DESIGNATED POST OF DUTY IS THE LOCATION OF HIS BASIC DUTY ASSIGNMENT AND THE PLACE TO WHICH HE IS TO RETURN OR PROCEED UPON THE COMPLETION OF A TEMPORARY ASSIGNMENT. IT WELL MAY BE, AS YOU SUGGEST, THAT THE DUTY ASSIGNMENT AS DRILL INSTRUCTOR AT PARRIS ISLAND WAS CONTINGENT UPON THE SUCCESSFUL COMPLETION OF THE COURSE OF INSTRUCTION AT THAT STATION. THE ORDERS OF JANUARY 30, 1957, HOWEVER, DID NOT PROVIDE FOR THE MEMBER'S RETURN TO CAMP LEJEUNE IN THE EVENT HE DID NOT COMPLETE THE COURSE OR OTHERWISE INDICATE HIS DISPOSITION IN THAT EVENTUALITY. WHILE THE FACT THAT MOVEMENT OF HOUSEHOLD EFFECTS AND DEPENDENTS WAS STATED TO BE NOT AUTHORIZED UNTIL THE COURSE WAS COMPLETED MIGHT BE CONSIDERED TO INDICATE THE CONTINGENT NATURE OF THE PERMANENT DUTY ASSIGNMENT AT PARRIS ISLAND, SUCH FACT WOULD NOT APPEAR TO PROVIDE SUFFICIENT EVIDENCE OF AN INTENT THAT THE MEMBER WAS TO RETURN TO CAMP LEJEUNE IN THE EVENT THE TEMPORARY DUTY WAS NOT SUCCESSFULLY COMPLETED, OR THAT HE WAS TO PROCEED TO ANY OTHER POINT IN THAT EVENT. IT IS CONSIDERED, THEREFORE, THAT PARRIS ISLAND BECAME HIS DESIGNATED POST OF DUTY--- THE ONLY STATION TO WHICH ASSIGNED FOR DUTY FOLLOWING THE TEMPORARY DUTY PERIOD--- UPON HIS ARRIVAL THERE ON FEBRUARY 14, 1957. THE MODIFYING ENDORSEMENT OF FEBRUARY 28, 1957, EFFECTED A FURTHER PERMANENT CHANGE OF STATION FROM PARRIS ISLAND TO CAMP LEJEUNE.

ACCORDINGLY, SINCE PER DIEM IS NOT PAYABLE FOR TEMPORARY DUTY PERFORMED AT A PERMANENT STATION, NO AUTHORITY EXISTS FOR THE PAYMENT OF PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AT PARRIS ISLAND. IT APPEARS, HOWEVER, THAT SERGEANT KING IS ENTITLED TO MILEAGE AT SIX CENTS PER MILE FOR THE DISTANCE FROM CAMP LEJEUNE TO PARRIS ISLAND, AND RETURN, INCIDENT TO HIS TRAVEL PERFORMED BETWEEN THOSE POINTS. ACCORDINGLY, PAYMENT IS AUTHORIZED ON THE VOUCHER, RETURNED HEREWITH, TO THAT EXTENT, IF OTHERWISE CORRECT.