B-132393, OCT. 1, 1957

B-132393, OCT. 1, 1957

TO LIEUTENANT COLONEL C. W. FARNUM, F.C., DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF JUNE 27, 1957, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MAY 24, 1957, REQUESTING AN ADVANCE DECISION AS TO WHETHER PER DIEM PAYMENTS AT THE RATE OF $1 PER DAY PREVIOUSLY PAID TO PRIVATE MARVIN R. BUCKLEY, AND PRIVATE JAMES E. SKRIVER, SHOULD NOW BE RECOUPED ON THE SUBMITTED VOUCHERS STATED IN THEIR FAVOR IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED JUNE 30, 1956, PRIVATES BUCKLEY AND SKRIVER WERE RELEASED FROM ASSIGNMENT AT FORT HOOD, TEXAS, AND ASSIGNED TO THE ARMY AVIATION SCHOOL, FORT RUCKER, ALABAMA, FOR TRAINING IN THE COURSES INDICATED. THE ORDERS PROVIDED THAT THEY WOULD REPORT NOT LATER THAN JULY 27, 1956, AND CONTAINED THE ABBREVIATION "PCS," INDICATING A PERMANENT CHANGE IN STATION. ALTHOUGH THE DURATION OF THE COURSE OF INSTRUCTION WAS NOT STATED IN THE ORDERS, IT APPEARS FROM THE SUPPORTING PAPERS THAT THE PARTICULAR COUSE OF INSTRUCTION AT FORT RUCKER WAS FOR A DURATION OF LESS THAN 20 WEEKS. BY ORDERS DATED NOVEMBER 5, 1956, THE ENLISTED MEN IN QUESTION WERE RELEASED FROM ASSIGNMENT AT THE SCHOOL AND ORDERED TO PROCEED TO FORT MYER, VIRGINIA, ON NOVEMBER 10, 1956, FOR DUTY AT THAT STATION. HENCE, THE DURATION OF THE COURSE ATTENDED BY THE ENLISTED MEN (JULY 27 TO NOVEMBER 9, 1956) AMOUNTED TO APPROXIMATELY 15 WEEKS. WHILE AT FORT RUCKER THE ENLISTED MEN WERE PAID PER DIEM AT THE RATE OF $1 PER DAY TO INCLUDE OCTOBER 31, 1956. THE SUBMITTED VOUCHERS COVER PAYMENT OF PER DIEM AT THE RATE OF $1 PER DAY FROM NOVEMBER 1 TO 9, 1956, PLUS MILEAGE FROM FORT RUCKER TO FORT BELVOIR, VIRGINIA, VIA FORT MYER, VIRGINIA. YOU EXPRESS DOUBT AS TO WHETHER THE PRIOR PAYMENTS OF PER DIEM WERE PROPER, SINCE THE ENLISTED MEN WERE ASSIGNED TO THE SCHOOL AS A PERMANENT CHANGE OF STATION NOTWITHSTANDING THE FACT THAT THE PERIOD OF INSTRUCTION WAS LESS THAN 20 WEEKS' DURATION.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED BY THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO ITS DURATION, ETC. 24 COMP. GEN. 667, 670; 33 ID. 98. ASSIGNMENTS TO SCHOOLS AS STUDENTS FOR THE PURPOSE OF TAKING A SPECIAL COURSE OF INSTRUCTION GENERALLY BEING OF BRIEF AND DEFINITE DURATION, CONTEMPLATING A FURTHER ASSIGNMENT TO A NEW STATION OR RETURN TO THE OLD PERMANENT STATION, WERE CONSIDERED ORDERS TO TEMPORARY DUTY AND THE SCHOOLS WERE TREATED AS TEMPORARY DUTY STATIONS, EXCEPT WHERE THE COURSE OF INSTRUCTION AT ONE PLACE WAS SCHEDULED FOR FIVE MONTHS OR OVER. SEE DECISION OF OCTOBER 8, 1954, B 115509.

WHILE THE ORDERS HERE INVOLVED INDICATED A PERMANENT CHANGE OF STATION,THE ENLISTED MEN WERE ASSIGNED TO THE AVIATION SCHOOL AT FORT RUCKER, ALABAMA, TO ATTEND A COURSE OF INSTRUCTION SCHEDULED FOR LESS THAN 20 WEEKS' DURATION, AND UPON COMPLETION OF THAT COURSE THEY WERE TRANSFERRED TO FORT MYER, VIRGINIA, FOR DUTY. HENCE, SUCH ORDERS TO A COURSE OF INSTRUCTION AT FORT RUCKER, ALABAMA, MAY BE ACCEPTED AS FALLING WITHIN PARAGRAPH 3003-2, JOINT TRAVEL REGULATIONS. SEE DECISION OF AUGUST 27, 1957, B-132209.

ACCORDINGLY, PRIOR PAYMENTS OF PER DIEM NEED NOT BE RECOUPED AND, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHERS WHICH ARE RETURNED HEREWITH.