B-132648, SEP. 27, 1957

B-132648: Sep 27, 1957

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WHILE YOU WERE PERFORMING DUTY AS A COMMISSIONED OFFICER AT THE JUDGE ADVOCATE GENERAL'S SCHOOL AT CHARLOTTESVILLE. WHILE YOU WERE AT CHARLOTTESVILLE IN THE PERFORMANCE OF TEMPORARY DUTY ASSIGNED UNDER ORDERS OF OCTOBER 13. BY WHICH YOU WERE PERMANENTLY ASSIGNED TO DUTY AT CHARLOTTESVILLE EFFECTIVE UPON THE COMPLETION OF THE TEMPORARY DUTY ASSIGNMENT MADE UNDER THE PRIOR ORDERS. YOU WERE PAID PER DIEM THROUGH JANUARY 22. WHICH APPARENTLY WAS THE DATE OF COMPLETION OF SUCH ASSIGNMENT. THE BASIS FOR THE STATEMENT OF YOUR INDEBTEDNESS WAS THAT CHARLOTTESVILLE BECAME YOUR PERMANENT DUTY STATION WHEN YOU RECEIVED THE ORDERS OF JANUARY 14 ON JANUARY 16. NO AUTHORITY EXISTS FOR THE PAYMENT OF SUCH ALLOWANCES INCIDENT TO TEMPORARY DUTY UNLESS SUCH DUTY IS PERFORMED AT A POINT REMOVED FROM THE MEMBER'S PERMANENT STATION.

B-132648, SEP. 27, 1957

TO MR. MERLIN W. CALL:

IN YOUR LETTER OF JUNE 24, 1957, YOU REQUEST FURTHER CONSIDERATION IN THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $35 REPRESENTING PER DIEM AT THE RATE OF $5 ERRONEOUSLY PAID TO YOU FOR A SEVEN-DAY PERIOD, JANUARY 16 TO 22, 1954, WHILE YOU WERE PERFORMING DUTY AS A COMMISSIONED OFFICER AT THE JUDGE ADVOCATE GENERAL'S SCHOOL AT CHARLOTTESVILLE, VIRGINIA.

IT APPEARS THAT ON JANUARY 16, 1954, WHILE YOU WERE AT CHARLOTTESVILLE IN THE PERFORMANCE OF TEMPORARY DUTY ASSIGNED UNDER ORDERS OF OCTOBER 13, 1953, YOU RECEIVED DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 9, DATED JANUARY 14, 1954, BY WHICH YOU WERE PERMANENTLY ASSIGNED TO DUTY AT CHARLOTTESVILLE EFFECTIVE UPON THE COMPLETION OF THE TEMPORARY DUTY ASSIGNMENT MADE UNDER THE PRIOR ORDERS. YOU WERE PAID PER DIEM THROUGH JANUARY 22, WHICH APPARENTLY WAS THE DATE OF COMPLETION OF SUCH ASSIGNMENT. THE BASIS FOR THE STATEMENT OF YOUR INDEBTEDNESS WAS THAT CHARLOTTESVILLE BECAME YOUR PERMANENT DUTY STATION WHEN YOU RECEIVED THE ORDERS OF JANUARY 14 ON JANUARY 16, RATHER THAN UPON THE COMPLETION OF THE ORIGINALLY ASSIGNED TEMPORARY DUTY.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF PER DIEM AND OTHER TRAVEL ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES ONLY FOR PERIODS "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' CONSEQUENTLY, IRRESPECTIVE OF ANY OTHER CONSIDERATIONS, NO AUTHORITY EXISTS FOR THE PAYMENT OF SUCH ALLOWANCES INCIDENT TO TEMPORARY DUTY UNLESS SUCH DUTY IS PERFORMED AT A POINT REMOVED FROM THE MEMBER'S PERMANENT STATION. PARAGRAPH 1150 OF THE JOINT TRAVEL REGULATIONS DEFINES THE TERM "PERMANENT 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. IN OTHER WORDS, IT 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 DUTY ASSIGNMENT. IF THE LOCATION OF A MEMBER'S PERMANENT STATION IS CHANGED WHILE HE IS ABSENT FROM HIS STATION ENGAGED IN THE PERFORMANCE OF TEMPORARY DUTY, SUCH CHANGE MUST BE CONSIDERED EFFECTIVE IMMEDIATELY UPON RECEIPT OF NOTIFICATION OF THE CHANGE, FOR IT IS EVIDENT THAT THEREAFTER THE BASIC DUTY ASSIGNMENT AND PLACE TO WHICH THE MEMBER IS TO PROCEED UPON THE COMPLETION OF THE TEMPORARY DUTY MUST BE THE NEW STATION THERE BEING NO OFFICIAL NECESSITY TO RETURN TO THE OLD STATION. WHERE, AS HERE, THE NEW STATION IS LOCATED AT THE PLACE TEMPORARY DUTY IS BEING PERFORMED, NO FURTHER TRAVEL IS REQUIRED TO COMPLY WITH THE ORDERS INVOLVED AND THE MEMBER NO LONGER IS IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY. THE PURPOSE OF THE DECISION OF JUNE 8, 1955, B-122508, WHICH YOU CITE, WAS TO CALL TO THE ATTENTION OF THE SECRETARY OF DEFENSE THE FACT THAT THAT PART OF PARAGRAPH 4209 OF THE JOINT TRAVEL REGULATIONS ON WHICH YOU RELY AS SUPPORT FOR YOUR RIGHT TO THE PER DIEM RECEIVED DURING THE PERIOD IN QUESTION WAS WITHOUT AUTHORITY UNDER THE LAW AND TO SUGGEST ITS CORRECTION. IN RESPONSE TO THAT SUGGESTION SUCH REGULATION WAS CHANGED TO PROVIDE THAT THE PAYMENT OF PER DIEM IS NOT AUTHORIZED UNDER CIRCUMSTANCES SUCH AS THOSE INVOLVED IN YOUR CASE. SEE CHANGE NO. 38 TO THE REGULATIONS, DATED SEPTEMBER 1, 1955.

UPON THE RECEIPT OF THE ORDERS OF JANUARY 14 ON JANUARY 16, 1954, YOUR PERMANENT STATION--- THE LOCATION OF YOUR BASIC DUTY ASSIGNMENT AND THE PLACE TO WHICH YOU WERE TO PROCEED AND REPORT UPON THE COMPLETION OF YOUR TEMPORARY DUTY ASSIGNMENT--- WAS CHANGED TO CHARLOTTESVILLE AND THAT PLACE THEN BECAME YOUR DESIGNATED POST OF DUTY. CONSEQUENTLY, NO AUTHORITY EXISTED FOR THE PAYMENT TO YOU OF PER DIEM DURING THE PERIOD IN QUESTION IRRESPECTIVE OF THE CIRCUMSTANCES WHICH, YOU ALLEGE, REQUIRED THAT YOU CONTINUE THE SUBSISTENCE ARRANGEMENTS MADE AT CHARLOTTESVILLE INCIDENT TO THE PERFORMANCE OF THE TEMPORARY ASSIGNMENT, UNTIL THE COMPLETION OF THAT ASSIGNMENT. SINCE THE SUM OF $35 PAID TO YOU AS PER DIEM DURING THE PERIOD JANUARY 16 TO 22 CLEARLY WAS NOT AUTHORIZED UNDER THE LAW, IT IS REQUESTED THAT YOU FORWARD THAT AMOUNT BY CHECK OR MONEY ORDER, MADE PAYABLE TO UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., WITHOUT FURTHER DELAY.