B-133975, DEC. 31, 1957

B-133975: Dec 31, 1957

Additional Materials:

Contact:

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

 

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

YOUR TEMPORARY DUTY STATUS AT FORT CARSON WAS TERMINATED AND YOU WERE DIRECTED TO RETURN TO CAMP HALE. WAS DISALLOWED FOR THE REASON THAT YOUR ASSIGNMENT AT FORT CARSON UNDER THE ORDERS OF MARCH 10. WAS INDEFINITE AND WAS CONSIDERED PERMANENT DUTY. THE TERM "TEMPORARY DUTY" MEANS DUTY AT A LOCATION OTHER THAN PERMANENT STATION TO WHICH A MEMBER OF THE UNIFORMED SERVICES 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.'. APPLICABLE PROVISIONS OF LAW AND REGULATIONS HAVE NOT BEEN REGARDED AS AUTHORIZING PAYMENT OF PER DIEM FOR LONG OR INDEFINITE PERIODS OF TIME. PROVIDE THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR HIS RETURN TO HIS PERMANENT STATION OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM SUCH STATION.

B-133975, DEC. 31, 1957

TO MAJOR ALBERT A. PEGRAM:

YOUR LETTER DATED MAY 31, 1957, REQUESTS REVIEW OF THAT PART OF SETTLEMENT DATED NOVEMBER 21, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE FOR DUTY PERFORMED AT FORT CARSON, COLORADO, FOR THE PERIOD MARCH 14, 1955, TO FEBRUARY 14, 1956.

THE RECORD SHOWS THAT PURSUANT TO ORDERS DATED MARCH 10, 1955, HEADQUARTERS, FORT CARSON, COLORADO, PLACING YOU ON TEMPORARY DUTY AT THAT PLACE, YOU TRAVELED FROM YOUR PERMANENT DUTY STATION AT CAMP HALE, COLORADO, TO FORT CARSON. BY ORDERS DATED FEBRUARY 18, 1956, YOUR TEMPORARY DUTY STATUS AT FORT CARSON WAS TERMINATED AND YOU WERE DIRECTED TO RETURN TO CAMP HALE. ORDERS OF APRIL 19, 1956, CONFIRMED PURPORTED VERBAL ORDERS OF FEBRUARY 18, 1956, AMENDING THE ORDERS OF MARCH 10, 1955, SO AS TO DIRECT YOU TO TERMINATE TEMPORARY DUTY AND RETURN TO HOME STATION WHEN DIRECTED BY THE COMMANDING GENERAL AT FORT CARSON. THE SETTLEMENT OF NOVEMBER 21, 1956, ALLOWED YOU THE SUM OF $69.60 REPRESENTING MILEAGE FOR TRAVEL PERFORMED FROM CAMP HALE TO FORT CARSON, AND RETURN (442 MILES AT FIVE CENTS PER MILE OR $22.10), PLUS PER DIEM FOR TRAVEL TIME ($13.50) AND TEMPORARY DUTY ON MARCH 12 AND 13, 1955, AND FROM FEBRUARY 15 TO 18, 1956 ($34). YOUR CLAIM FOR PER DIEM FOR THE PERIOD OF DUTY AT FORT CARSON FROM MARCH 14, 1955, TO FEBRUARY 14, 1956, WAS DISALLOWED FOR THE REASON THAT YOUR ASSIGNMENT AT FORT CARSON UNDER THE ORDERS OF MARCH 10, 1955, AS AMENDED, WAS INDEFINITE AND WAS CONSIDERED PERMANENT DUTY.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL PERFORMED BY MEMBERS OF THE UNIFORMED SERVICES "AWAY FROM THEIR DESIGNATED POSTS OF DUTY" UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 4200, JOINT TRAVEL REGULATIONS, AUTHORIZES PAYMENT OF PER DIEM FOR "TEMPORARY DUTY" DEFINED IN PARAGRAPH 3003-2 AS FOLLOWS:

"2. TEMPORARY DUTY. THE TERM "TEMPORARY DUTY" MEANS DUTY AT A LOCATION OTHER THAN PERMANENT STATION TO WHICH A MEMBER OF THE UNIFORMED SERVICES 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.'

WHILE THE JOINT TRAVEL REGULATIONS CONTAIN NO LIMITATION ON THE PERIOD OF TIME PER DIEM MAY BE PAID FOR TEMPORARY DUTY PERFORMED AT ANY ONE TEMPORARY DUTY STATION, THE WORD "TEMPORARY" IMPLIES A PERIOD OF COMPARATIVELY SHORT DURATION. APPLICABLE PROVISIONS OF LAW AND REGULATIONS HAVE NOT BEEN REGARDED AS AUTHORIZING PAYMENT OF PER DIEM FOR LONG OR INDEFINITE PERIODS OF TIME. IN THIS CONNECTION, PARAGRAPH 1150- 10B OF THE REGULATIONS DEFINES A TRANSFER TO A SCHOOL OR INSTALLATION TO PURSUE A COURSE OF INSTRUCTION OF 20 WEEKS OR MORE, AS A PERMANENT CHANGE OF STATION. SIMILARLY, PARAGRAPHS 7007-1 AND 2, PROVIDE THAT WHEN A MEMBER IS ASSIGNED TO TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION UNDER ORDERS WHICH DO NOT PROVIDE FOR HIS RETURN TO HIS PERMANENT STATION OR WHICH DO NOT SPECIFY OR IMPLY ANY LIMIT TO THE PERIOD OF ABSENCE FROM SUCH STATION, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO THE TEMPORARY STATION IF DUTY AT THAT PLACE IS CONTEMPLATED FOR A PERIOD OF 20 WEEKS OR MORE.

WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT, PARTICULARLY AS TO ITS DURATION, THE NATURE OF THE DUTY ENJOINED, ETC. 24 COMP. GEN. 667, 670. WHILE YOUR ORDERS OF MARCH 10, 1955, SHOW YOUR ASSIGNMENT AT FORT CARSON AS TEMPORARY DUTY, THE PERIOD OF SUCH DUTY IS NOT INDICATED AND SUCH ORDERS DID NOT DIRECT YOU TO RETURN TO CAMP HALE. THERE IS NOTHING IN THOSE ORDERS OR IN THE RECORDS PREPARED AT THAT TIME WHICH SHOW THAT DUTY OF SHORT DURATION WAS ANTICIPATED WHEN THE ORDERS WERE ISSUED. ON THE CONTRARY, IT APPEARS THAT A PROLONGED ASSIGNMENT WAS CONTEMPLATED. THIS IS INDICATED BY AN EXTRACT COPY OF THE MARCH 14, 1955, MORNING REPORT OF FORT CARSON WHICH SHOWS YOUR ASSIGNMENT (LOGISTICS OFFICER FOR CIVILIAN COMPONENTS COORDINATING SECTION) AS "INDEFINITE.'

IN THE CIRCUMSTANCES, IT MUST BE CONCLUDED THAT FORT CARSON WAS YOUR DESIGNATED POST OF DUTY WHILE YOU WERE AT THAT PLACE AND THAT NO RIGHT TO PER DIEM ACCRUED FOR THE DUTY PERFORMED UNDER THE ORDERS OF MARCH 10, 1955.

WHILE LATER ORDERS DIRECTED YOUR RETURN TO CAMP HALE AND SOME INFORMATION HAS BEEN FURNISHED INDICATING THAT A PERMANENT CHANGE OF STATION FROM CAMP HALE TO FORT CARSON WAS NOT CONTEMPLATED, THE LENGTH OF ORDERED DUTY AT THE LATTER PLACE DOES NOT PERMIT A CONCLUSION THAT SUCH DUTY WAS PERFORMED IN A TEMPORARY DUTY STATUS. THE FACT THAT A FIELD RATION MESS WAS NOT AVAILABLE AT FORT CARSON HAS NO BEARING ON YOUR RIGHTS. A GOVERNMENT MESS ORDINARILY IS NOT AVAILABLE TO OFFICERS AT THEIR PERMANENT STATIONS.

YOU WERE ENTITLED TO MILEAGE AT THE RATE OF SIX CENTS PER MILE FOR THE TRAVEL PERFORMED AND IT APPEARS THAT THE SETTLEMENT OF NOVEMBER 21, 1956, WAS INCORRECT TO THE EXTENT OF THE ADDITIONAL ..END :