B-134354, DEC. 10, 1957

B-134354: Dec 10, 1957

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YOU WERE ASSIGNED TO TEMPORARY DUTY ABOARD THE U.S.S. ALTHOUGH YOU WERE REQUIRED TO BOARD THE RANKIN AT 8 A.M. YOU WERE INSTRUCTED. TO REMAIN IN THE VICINITY OF THE SHIP BECAUSE THE SHIP WAS APT TO DEPART AT ANY TIME. YOUR CLAIM FOR PER DIEM FOR THIS PERIOD WAS DENIED BECAUSE OF SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS IMPLEMENTED BY NAVY CIVILIAN PERSONNEL INSTRUCTION 240.11. "PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION * * *.'. THAT SINCE YOU WERE AT YOUR TEMPORARY DUTY STATION ON THE U.S.S. RANKIN YOU WERE ENTITLED TO PER DIEM. RANKIN WAS LOCATED AT YOUR PERMANENT DUTY STATION. THAT A FEDERAL EMPLOYEE WHO IS DETAINED AT HIS PERMANENT DUTY STATION BECAUSE HIS DEPARTURE BY AIRPLANE WAS DELAYED BY BAD WEATHER IS NOT ENTITLED TO PER DIEM UNTIL THE AIRPLANE ACTUALLY LEAVES ITS REGULAR TERMINAL.

B-134354, DEC. 10, 1957

TO MR. SIDNEY COPLON:

YOUR LETTER OF OCTOBER 24, 1957, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 10, 1957, Z-1834577, WHICH DISALLOWED YOUR CLAIM FOR ?75 PER DIEM IN LIEU OF SUBSISTENCE FOR ONE QUARTER OF THE DAY OF APRIL 9, 1957, COMMENCING AT 6 A.M. BY TRAVEL ORDERS DATED APRIL 4, 1957, YOU WERE ASSIGNED TO TEMPORARY DUTY ABOARD THE U.S.S. RANKIN TO CONDUCT A VIBRATION STUDY ON THE MAIN STEAM LINES AND OTHER ITEMS. ALTHOUGH YOU WERE REQUIRED TO BOARD THE RANKIN AT 8 A.M., BAD WEATHER DELAYED DEPARTURE OF THE VESSEL UNTIL 1:30 IN THE AFTERNOON. YOU WERE INSTRUCTED, HOWEVER, TO REMAIN IN THE VICINITY OF THE SHIP BECAUSE THE SHIP WAS APT TO DEPART AT ANY TIME.

YOUR CLAIM FOR PER DIEM FOR THIS PERIOD WAS DENIED BECAUSE OF SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS IMPLEMENTED BY NAVY CIVILIAN PERSONNEL INSTRUCTION 240.11, ENCL. 1 PAR. 46 WHICH STATES THAT,"PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION * * *.' YOU SAY, HOWEVER, THAT SINCE YOU WERE AT YOUR TEMPORARY DUTY STATION ON THE U.S.S. RANKIN YOU WERE ENTITLED TO PER DIEM.

THE U.S.S. RANKIN WAS LOCATED AT YOUR PERMANENT DUTY STATION, THE NORFOLK NAVAL SHIP YARD, AT THE TIME YOU REPORTED ON BOARD.

WE HELD IN DECISION B-126845, MARCH 26, 1956, THAT A FEDERAL EMPLOYEE WHO IS DETAINED AT HIS PERMANENT DUTY STATION BECAUSE HIS DEPARTURE BY AIRPLANE WAS DELAYED BY BAD WEATHER IS NOT ENTITLED TO PER DIEM UNTIL THE AIRPLANE ACTUALLY LEAVES ITS REGULAR TERMINAL. IN B-81666, MARCH 18, 1949, WE HELD THAT AN EMPLOYEE PERFORMING TEMPORARY DUTY AT A PLACE LOCATED WITHIN THE LIMITS OF HIS PERMANENT DUTY STATION IS NOT ENTITLED TO PER DIEM. THESE DECISIONS ARE DIRECTLY APPLICABLE TO YOUR CASE. IT IS IMMATERIAL FOR PER DIEM PURPOSES WHETHER YOU ACTUALLY BEGAN YOUR ASSIGNED DUTIES ON BOARD THE U.S.S. RANKIN PRIOR TO ITS DEPARTURE FROM YOUR PERMANENT DUTY POST. CONCERNING YOUR REFERENCE TO THE $4 PER DIEM RATE SPECIFIED IN NCPI 240.8-3, D (3) WHEN AN EMPLOYEE IS REQUIRED TO PAY FOR MEALS FURNISHED WHILE ABOARD A GOVERNMENT VESSEL, YOU ARE INFORMED THAT THAT PROVISION IS NOT APPLICABLE TO YOUR CASE AS IT WAS NOT ISSUED UNTIL MAY 1, 1957, WHICH DATE IS SUBSEQUENT TO THE PERIOD COVERED BY YOUR CLAIM.

THEREFORE, THERE IS NO AUTHORITY TO PAY YOU PER DIEM FOR THE PERIOD OF YOUR CLAIM. CONSEQUENTLY OUR SETTLEMENT OF OCTOBER 10, 1957, IS SUSTAINED.