B-133421, OCT. 10, 1957

B-133421: Oct 10, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 10 TO CAPE HATTERAS . IT WAS FURTHER PROVIDED IN THE ORDERS THAT YOU WOULD BE ENTITLED TO PER DIEM WHILE ABSENT FROM YOUR STATION UNDER THE JOINT TRAVEL REGULATIONS. THAT THE ESTIMATED COST FOR PER DIEM UNDER THE ORDERS WAS $9. YOU WERE ALLOWED PER DIEM FOR THE PERIOD OF TRAVEL IN PROCEEDING TO CAPE HATTERAS AND THE REMAINDER OF YOUR CLAIM. WAS DISALLOWED UPON A CONSIDERATION THAT YOUR TEMPORARY DUTY STATUS ENDED UPON YOUR ARRIVAL AT THAT STATION. THE 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 OR TEMPORARY ADDITIONAL DUTY.

B-133421, OCT. 10, 1957

TO MR. JAMES R. BUCK:

IN YOUR LETTER OF JULY 17, 1957, FORWARDED HERE BY THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., YOU REQUEST REVIEW OF THAT PART OF OUR SETTLEMENT OF JUNE 13, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM SEPTEMBER 13, 1955, TO FEBRUARY 20, 1956, INCIDENT TO DUTY PERFORMED BY YOU AT CAPE HATTERAS, NORTH CAROLINA, WHILE ON ACTIVE DUTY AS AN OFFICER OF THE NAVAL RESERVE.

UNDER ORDERS OF U.S. NAVAL MOBILE CONSTRUCTION BATTALION NO. SIX, DAVISVILLE, RHODE ISLAND, DATED SEPTEMBER 9, 1955, YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 10 TO CAPE HATTERAS ,FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH ACTIVITIES OF THIS COMMAND," AND ADVISED YOU UPON ARRIVAL AT DETACHMENT JIG OF MOBILE CONSTRUCTION BATTALION NO. SIX AT CAPE HATTERAS YOU SHOULD "CONSIDER YOUR TEMPORARY ADDITIONAL DUTY COMPLETED.' IT WAS FURTHER PROVIDED IN THE ORDERS THAT YOU WOULD BE ENTITLED TO PER DIEM WHILE ABSENT FROM YOUR STATION UNDER THE JOINT TRAVEL REGULATIONS, AS APPLICABLE, AND THAT THE ESTIMATED COST FOR PER DIEM UNDER THE ORDERS WAS $9. IT APPEARS THAT YOU LEFT DAVISVILLE IN COMPLIANCE WITH THE ORDERS OF SEPTEMBER 10. INDORSEMENT OF THE OFFICER IN CHARGE, DETACHMENT JIG, MOBILE CONSTRUCTION BATTALION NO. SIX, AT CAPE HATTERAS, DATED SEPTEMBER 14, 1955, STATES THAT YOU REPORTED AT THAT ACTIVITY ON SEPTEMBER 12,"TEMPORARY ADDITIONAL DUTY COMPLETED.' APPEARS THAT YOU LEFT THAT STATION ON FEBRUARY 20, 1956, AND RETURNED TO DAVISVILLE FOR DUTY PURSUANT TO CONSERVIANT MOVEMENT ORDER 28-56 WHICH DIRECTED THE MOVEMENT OF THE DETACHMENT TO DAVISVILLE. IN THE SETTLEMENT OF JUNE 13, 1957, YOU WERE ALLOWED PER DIEM FOR THE PERIOD OF TRAVEL IN PROCEEDING TO CAPE HATTERAS AND THE REMAINDER OF YOUR CLAIM, COVERING THE PERIOD WHILE AT CAPE HATTERAS, WAS DISALLOWED UPON A CONSIDERATION THAT YOUR TEMPORARY DUTY STATUS ENDED UPON YOUR ARRIVAL AT THAT STATION.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF PER DIEM ONLY FOR PERIODS WHILE IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION, THE 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 OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 3003-2 DEFINES THE TERM "TEMPORARY DUTY," OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM, 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. 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 COMMISSION. THE CITED REGULATIONS REQUIRE THAT SUCH INFORMATION SHALL BE CONTAINED IN THE ORDERS DIRECTING THE DUTY ASSIGNMENT IN QUESTION.

THE ORDERS OF SEPTEMBER 9, 1955, CONTAIN NO INFORMATION INDICATING THAT THE DUTY ASSIGNMENT AT CAPE HATTERAS 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 UPON ITS COMPLETION. WHILE THE TERM "TEMPORARY ADDITIONAL DUTY" WAS USED IN THE ORDERS, IT APPEARS THAT SUCH TERM WAS INTENDED TO REFER ONLY TO THE PERIOD PRIOR TO YOUR ARRIVAL AT CAPE HATTERAS, IT BEING STATED THAT YOU SHOULD CONSIDER THE TEMPORARY ADDITIONAL DUTY AS COMPLETED AT THAT TIME. THE ESTIMATE OF $9 AS THE COST OF PER DIEM UNDER THE ORDERS ALSO INDICATES THAT INTENT. THE FACT THAT YOU WERE ASSIGNED TO DUTY WITH A DETACHMENT OF AN ORGANIZATION THE BASIC UNIT OF WHICH WAS LOCATED ELSEWHERE DOES NOT IN ITSELF ESTABLISH A TEMPORARY STATUS IN THE ABSENCE OF INDICATION AS TO THE DURATION OF THE ASSIGNMENT AND YOUR DISPOSITION UPON ITS COMPLETION.

SINCE NOTHING APPEARING IN THE ORDERS OF SEPTEMBER 9, 1955, OR ELSEWHERE IN THE AVAILABLE RECORD ESTABLISHES THAT YOUR ASSIGNMENT AT CAPE HATTERAS WAS INTENDED TO BE A TEMPORARY DUTY ASSIGNMENT, IT MUST BE CONSIDERED THAT CAPE HATTERAS BECAME YOUR PERMANENT DUTY STATION UPON YOUR ARRIVAL THERE UNDER THOSE ORDERS, AND THEREFORE THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF PER DIEM INCIDENT TO YOUR DUTY AT THAT STATION. THE PROVISIONS OF SECNAV INSTRUCTION 7220.19, DATED JUNE 4, 1956, WHICH YOU CITE IN SUPPORT OF YOUR CLAIM, ARE CONCERNED ONLY WITH TEMPORARY DUTY SITUATIONS, AND CONSEQUENTLY ARE NOT FOR APPLICATION IN YOUR CASE.