B-132269, SEP. 18, 1957

B-132269: Sep 18, 1957

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17. " YOU AND OTHER DESIGNATED PERSONNEL OF THAT ORGANIZATION WERE DIRECTED TO DEPART FROM THE NAVAL AIR STATION. YOU WERE TO REPORT TO COMMANDER TASK GROUP 80.2. IT IS YOUR CONTENTION THAT THE INTENT OF THE ORDERS OF APRIL 16 WAS TO DIRECT TEMPORARY DUTY AND THAT THEY SHOULD BE SO INTERPRETED EVEN THOUGH THEY CONTAINED NO PROVISION INDICATING THE NATURE OR DURATION OF THE DUTY AT ARGENTIA OR PROVIDING FOR YOUR RETURN TO JACKSONVILLE OR ASSIGNMENT AT ANY OTHER PLACE. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER IS IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION. PARAGRAPH 1150-10 DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY.

B-132269, SEP. 18, 1957

TO COMMANDER CHARLES H. GRAINGER, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF MAY 23, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD APRIL 21 TO SEPTEMBER 21, 1954, INCIDENT TO YOUR SERVICE AT ARGENTIA, NEWFOUNDLAND, AS A MEMBER OF PATROL SQUADRON 18 (VP- 18).

UNDER ORDERS OF THE COMMANDING OFFICER OF PATROL SQUADRON 18 (VP 18), AIR FORCE, UNITED STATES ATLANTIC FLEET, DATED APRIL 16, 1954,"SUBJ: SQUADRON DEPLOYMENT," YOU AND OTHER DESIGNATED PERSONNEL OF THAT ORGANIZATION WERE DIRECTED TO DEPART FROM THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, ON OR ABOUT APRIL 21, 1954," AND DEPLOY TO NAVAL STATION, ARGENTIA, NEWFOUNDLAND VIA GOVERNMENT AIR TRANSPORTATION IN HF-7" WHERE, UPON ARRIVAL, YOU WERE TO REPORT TO COMMANDER TASK GROUP 80.2. IT APPEARS THAT YOU PROCEEDED FROM JACKSONVILLE TO ARGENTIA ON APRIL 21 UNDER THOSE ORDERS, AND THAT YOU LEFT ARGENTIA AND RETURNED TO JACKSONVILLE ON SEPTEMBER 21, 1954, PURSUANT TO ORDER OF SEPTEMBER 20, 1954, ALSO "SUBJ: SQUADRON DEPLOYMENT,"WHICH DIRECTED YOU TO A GROUP SIMILAR TO THAT INVOLVED IN THE PRECEDING ORDERS TO LEAVE ARGENTIA ON OR ABOUT SEPTEMBER 20, 1954, AND DEPLOY TO THE NAVAL AIR STATION AT JACKSONVILLE AND REPORT TO COMMANDER FLEET AIR WING 11. IT IS YOUR CONTENTION THAT THE INTENT OF THE ORDERS OF APRIL 16 WAS TO DIRECT TEMPORARY DUTY AND THAT THEY SHOULD BE SO INTERPRETED EVEN THOUGH THEY CONTAINED NO PROVISION INDICATING THE NATURE OR DURATION OF THE DUTY AT ARGENTIA OR PROVIDING FOR YOUR RETURN TO JACKSONVILLE OR ASSIGNMENT AT ANY OTHER PLACE.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER IS IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION, AND PARAGRAPH 1150-10 DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 3003-2 DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION. IT HAS BEEN RECOGNIZED THAT AN OFFICER WHO PERFORMS TEMPORARY DUTY AS A MEMBER OF A UNIT OR DETACHMENT OF THE BASIC ORGANIZATION TO WHICH ATTACHED AWAY FROM ITS PERMANENT STATION UNDER TEMPORARY OR TEMPORARY ADDITIONAL DUTY ORDERS MIGHT BE CONSIDERED AS IN A TRAVEL STATUS AND SO ENTITLED TO PER DIEM. 34 COMP. GEN. 284. ENTITLEMENT ON THAT BASIS, OF COURSE, REQUIRES AN AFFIRMATIVE SHOWING THAT THE UNIT OR DETACHMENT ACTUALLY IS AWAY FROM ITS PERMANENT STATION ON A TEMPORARY DUTY ASSIGNMENT WITHIN THE MEANING OF THE REGULATIONS.

WHETHER A PARTICULAR DUTY ASSIGNMENT IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT FOR DETERMINATION UPON A CONSIDERATION OF SUCH FACTORS AS THE NATURE OF THE DUTY ASSIGNED, ITS DURATION, AND WHETHER THERE EXISTS OR HAS BEEN ASSIGNED ANOTHER STATION TO WHICH THE MEMBER MUST PROCEED UPON ITS COMPLETION TO RESUME THE NORMAL FUNCTIONS OF HIS OFFICE. THE CITED REGULATIONS REQUIRE THAT SUCH INFORMATION SHALL BE CONTAINED IN THE ORDERS DIRECTING THE DUTY ASSIGNMENT IN QUESTION.

THE ORDERS OF APRIL 16, 1954, CONTAINED NO INFORMATION INDICATING THAT THE ASSIGNMENT AT ARGENTIA WAS TEMPORARY IN NATURE OR THAT THERE EXISTED AN INTENT TO DIRECT TEMPORARY DUTY, THERE BEING NO PROVISION TO SHOW THE DURATION OF THE ASSIGNMENT OR THE DISPOSITION OF THOSE INVOLVED AFTER ITS COMPLETION. THE FACT THAT THE MOVEMENT DIRECTED WAS DESCRIBED AS A DEPLOYMENT DOES NOT FURNISH SUCH INFORMATION. WHILE YOU STATE THAT IN COMMON NAVY USAGE A DEPLOYMENT MEANS A TEMPORARY DISPLACEMENT TO ANOTHER STATION WITH RETURN TO HOME STATION UPON COMPLETION OF THE TEMPORARY DUTY, SUGGESTING THAT THE ORDERS OF APRIL 16 DIRECTED A TEMPORARY DISPLACEMENT OF YOUR UNIT TO ARGENTIA WITH RETURN TO JACKSONVILLE UPON ITS COMPLETION, IT WILL BE NOTED THAT THE ORDERS OF SEPTEMBER 20, 1954, INCONSISTENT WITH THAT VIEW, DIRECTED THAT THE UNIT "DEPLOY" TO JACKSONVILLE.

THE PRESENT RECORD DOES NOT ESTABLISH THAT YOU WERE IN A TEMPORARY DUTY STATUS FOR PER DIEM PURPOSES DURING THE PERIOD IN QUESTION. ACCORDINGLY, THE SETTLEMENT OF MAY 23, 1957, IS SUSTAINED.

THE ORIGINAL ORDERS OF APRIL 16, 1954, AND OF SEPTEMBER 20, 1954, AND THE SETTLEMENT CERTIFICATE OF MAY 23, 1957, RECEIVED WITH YOUR LETTER, ARE RETURNED HEREWITH.