B-133605, OCT. 16, 1957

B-133605: Oct 16, 1957

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USN: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON AUGUST 19. WHICH DISALLOWED YOUR CLAIM FOR PER DIEM COVERING PERIODS WHILE YOU WERE AT ARGENTIA. YOU AND OTHER DESIGNATED MEMBERS IN YOUR CHARGE WERE DIRECTED IN ACCORDANCE WITH A CONFIDENTIAL DEPLOYMENT SCHEDULE OF COMFAIRWINGLANT TO DEPART FROM THE NAVAL AIR STATION. WHILE AT ARGENTIA YOU WERE DIRECTED BY ORDERS OF MAY 14. UPON THE COMPLETION OF WHICH YOU WERE DIRECTED TO RETURN TO YOUR STATION FOR THE PURPOSE OF RESUMING YOUR REGULAR DUTIES. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR ASSIGNMENT AT ARGENTIA WAS CONSIDERED TO HAVE BEEN A PERMANENT DUTY ASSIGNMENT UNDER APPLICABLE REGULATIONS AND SO WAS NOT DUTY OF THE NATURE FOR WHICH PER DIEM IS AUTHORIZED UNDER THE LAW.

B-133605, OCT. 16, 1957

TO LIEUTENANT (JG) CHARLES E. PIFER, USN:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON AUGUST 19, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF MAY 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM COVERING PERIODS WHILE YOU WERE AT ARGENTIA, NEWFOUNDLAND, ATTACHED TO PATROL SQUADRON EIGHTEEN (VP-18), UNITED STATES ATLANTIC FLEET, DURING THE PERIOD APRIL 14 TO SEPTEMBER 25, 1954.

UNDER ORDERS OF THE COMMANDING OFFICER, PATROL SQUADRON EIGHTEEN (VP-18), U.S. NAVAL AIR STATION, JACKSONVILLE, FLORIDA, DATED APRIL 9, 1954, YOU AND OTHER DESIGNATED MEMBERS IN YOUR CHARGE WERE DIRECTED IN ACCORDANCE WITH A CONFIDENTIAL DEPLOYMENT SCHEDULE OF COMFAIRWINGLANT TO DEPART FROM THE NAVAL AIR STATION, JACKSONVILLE, ON OR ABOUT APRIL 12, 1954, FOR A DESTINATION VERBALLY ASSIGNED YOU. YOU LEFT JACKSONVILLE UNDER THOSE ORDERS ON APRIL 14 AND ARRIVED AT THE NAVAL AIR STATION AT ARGENTIA ON APRIL 15. WHILE AT ARGENTIA YOU WERE DIRECTED BY ORDERS OF MAY 14, JUNE 2, JUNE 18, JULY 10, AND SEPTEMBER 10, 1954, TO PROCEED FROM THAT STATION TO VARIOUS POINTS FOR THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY, UPON THE COMPLETION OF WHICH YOU WERE DIRECTED TO RETURN TO YOUR STATION FOR THE PURPOSE OF RESUMING YOUR REGULAR DUTIES. ORDERS OF THE COMMANDING OFFICER OF YOUR SQUADRON DATED SEPTEMBER 25, 1954, DIRECTED THAT YOU AND OTHER DESIGNATED MEMBERS LEAVE THE NAVAL AIR STATION AT ARGENTIA ON OR ABOUT SEPTEMBER 25, AND DEPLOY TO THE NAVAL AIR STATION, JACKSONVILLE, REPORTING UPON ARRIVAL THERE TO THE COMMANDING OFFICER, PATROL SQUADRON EIGHTEEN. YOU LEFT ARGENTIA AND ARRIVED AT JACKSONVILLE ON SEPTEMBER 25, 1954.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR ASSIGNMENT AT ARGENTIA WAS CONSIDERED TO HAVE BEEN A PERMANENT DUTY ASSIGNMENT UNDER APPLICABLE REGULATIONS AND SO WAS NOT DUTY OF THE NATURE FOR WHICH PER DIEM IS AUTHORIZED UNDER THE LAW. IT APPEARS TO BE YOUR CONTENTION THAT THE ADMINISTRATIVE DISPATCH UNDER WHICH THE ORDERS OF APRIL 9 AND SEPTEMBER 25 WERE ISSUED WAS ITSELF AN ORDER DIRECTING THE PERFORMANCE OF TEMPORARY DUTY AT ARGENTIA WHICH PROVIDED FOR FURTHER ASSIGNMENT TO A NEW PERMANENT DUTY STATION OR FOR THE RETURN TO THE OLD STATION, AND THAT SUCH PROVISIONS COULD NOT BE INCLUDED IN THE ORDERS ISSUED TO YOU BECAUSE THEY INVOLVED CONFIDENTIAL INFORMATION.

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, 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. PARAGRAPHS 3001 AND 3002 PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY DIRECTING AN INDIVIDUAL OR GROUP OF INDIVIDUALS TO PERFORM TRAVEL ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO. SUCH REGULATIONS REQUIRE THAT THE INFORMATION NECESSARY IN THE DETERMINATION OF WHETHER A DUTY ASSIGNMENT IS TEMPORARY IN NATURE FOR PER DIEM PURPOSES--- INDICATION THAT THE DUTY IS TEMPORARY AND PROVISION FOR FURTHER ASSIGNMENT OR RESUMPTION OF THE EXISTING ASSIGNMENT UPON ITS COMPLETION--- MUST BE CONTAINED IN WRITTEN ORDERS ISSUED TO THE TRAVELING INDIVIDUAL OR GROUP WHICH DIRECT THE TRAVEL.

WHILE IT MAY BE THAT THE ADMINISTRATIVE DISPATCH UNDER WHICH YOUR ORDERS WERE ISSUED CONTAINED INFORMATION SUGGESTING THAT A TEMPORARY ASSIGNMENT WAS CONTEMPLATED AS YOU CONTEND, SUCH DISPATCH WAS NOT ISSUED OR INTENDED AS A TRAVEL ORDER, AND THE TRAVEL ORDERS THAT WERE ISSUED CONTAIN NOTHING THAT COULD BE CONSIDERED AS INDICATING A TEMPORARY DUTY ASSIGNMENT WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS. EVEN THOUGH A STATEMENT OF THE ACTUAL DUTIES ASSIGNED AND THE LOCATION OF THE ASSIGNMENT APPARENTLY WERE OMITTED FROM THE ORDERS FOR SECURITY REASONS, SUCH A CONSIDERATION WOULD NOT APPEAR TO CONSTITUTE A VALID REASON FOR THE OMISSION FROM THE TRAVEL ORDERS OF INFORMATION SHOWING THAT THE DUTY DIRECTED WAS TEMPORARY AND INDICATING WHERE YOU WERE TO PROCEED UPON ITS COMPLETION, AS REQUIRED BY THE REGULATIONS, HAD TEMPORARY DUTY BEEN CONTEMPLATED.

UNDER THE CIRCUMSTANCES INVOLVED, IT MUST BE CONCLUDED THAT THE DUTY DIRECTED FOR PERFORMANCE AT ARGENTIA UNDER THE ORDERS OF APRIL 9, 1954, DID NOT CONSTITUTE A TEMPORARY DUTY ASSIGNMENT WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS FOR PER DIEM PURPOSES. IT WILL BE NOTED IN THAT CONNECTION, THAT THE ORDERS OF MAY 14, JUNE 2, JUNE 18, JULY 10, AND SEPTEMBER 10, ALL REFERRED TO ARGENTIA AS YOUR DUTY STATION. ACCORDINGLY,THE SETTLEMENT OF MAY 22, 1957, IS SUSTAINED.

THE VARIOUS ORIGINAL ORDERS ENCLOSED WITH YOUR LETTER ARE RETURNED HEREWITH.