B-133704, OCT. 18, 1957

B-133704: Oct 18, 1957

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF SEPTEMBER 6. IS APPLICABLE IN THE CASE OF AN ENLISTED MAN WHO WAS ORDERED TO PROCEED ON A PERMANENT CHANGE OF STATION FROM A VESSEL AT SASEBO. THE ASSISTANT SECRETARY'S LETTER STATES THAT THE REGULATIONS ARE BEING GIVEN DIFFERENT INTERPRETATIONS AND THAT A DECISION WILL AID IN EFFECTING UNIFORM SETTLEMENTS OF FUTURE CASES OF A SIMILAR NATURE. SINCE THE RATES PRESCRIBED IN SUBPARAGRAPH E ARE PAYABLE UNDER THE RESTRICTED CIRCUMSTANCES THERE PROVIDED. IT APPEARS THAT THE REGULATIONS CONTEMPLATE PAYMENT AT THE RATES PRESCRIBED IN SUBPARAGRAPH C WHEN TEMPORARY DUTY OTHER THAN TEMPORARY DUTY OF THE TYPES SPECIFICALLY ENUMERATED IN SUBPARAGRAPH E IS PERFORMED AT PORTS OF DEBARKATION.

B-133704, OCT. 18, 1957

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF SEPTEMBER 6, 1957, FROM THE ASSISTANT SECRETARY OF THE NAVY (FINANCIAL MANAGEMENT), REQUESTING A DECISION AS TO WHICH ITEM OF PARAGRAPH 4205-5, JOINT TRAVEL REGULATIONS, IS APPLICABLE IN THE CASE OF AN ENLISTED MAN WHO WAS ORDERED TO PROCEED ON A PERMANENT CHANGE OF STATION FROM A VESSEL AT SASEBO, JAPAN, TO ANOTHER VESSEL AT SEATTLE, WASHINGTON, WITH TEMPORARY DUTY AT SEATTLE IN CONNECTION WITH THE FITTING OUT OF THE LATTER VESSEL AND DUTY ON BOARD WHEN PLACED IN COMMISSION. THE ASSISTANT SECRETARY'S LETTER STATES THAT THE REGULATIONS ARE BEING GIVEN DIFFERENT INTERPRETATIONS AND THAT A DECISION WILL AID IN EFFECTING UNIFORM SETTLEMENTS OF FUTURE CASES OF A SIMILAR NATURE.

PARAGRAPH 4206, JOINT TRAVEL REGULATIONS, AUTHORIZES THE PAYMENT OF PER DIEM AS PRESCRIBED IN PARAGRAPH 4205-5 OF SUCH REGULATIONS FOR TEMPORARY DUTY PERFORMED IN CONNECTION WITH THE FITTING OUT OR CONVERSION OF A VESSEL. SUBPARAGRAPH C OF THE LATTER REGULATION FIXES THE RATES OF PER DIEM PAYABLE FOR ORDINARY TEMPORARY DUTY AND SUBPARAGRAPH E PRESCRIBES THE RATES PAYABLE TO MEMBERS DURING PERIODS OF DELAY OR TEMPORARY DUTY IN CONNECTION WITH A PERMANENT CHANGE OF STATION "WHILE AWAITING FURTHER ASSIGNMENT, TRANSPORTATION, OR PROCESSING AT PORTS OF EMBARKATION OR DEBARKATION.' SINCE THE RATES PRESCRIBED IN SUBPARAGRAPH E ARE PAYABLE UNDER THE RESTRICTED CIRCUMSTANCES THERE PROVIDED, IT APPEARS THAT THE REGULATIONS CONTEMPLATE PAYMENT AT THE RATES PRESCRIBED IN SUBPARAGRAPH C WHEN TEMPORARY DUTY OTHER THAN TEMPORARY DUTY OF THE TYPES SPECIFICALLY ENUMERATED IN SUBPARAGRAPH E IS PERFORMED AT PORTS OF DEBARKATION.

ACCORDINGLY, IT IS CONCLUDED THAT IN CASES SUCH AS THIS SINCE THE TEMPORARY DUTY IS PERFORMED IN CONNECTION WITH THE FITTING OUT OF A VESSEL THE PROVISIONS OF PARAGRAPH 4205-5C OF THE JOINT TRAVEL REGULATIONS ARE APPLICABLE IN DETERMINING THE RIGHTS OF THE ENLISTED MEN CONCERNED, EVEN THOUGH THE PORT INVOLVED IS ALSO THE PORT OF DEBARKATION.