B-134425, JAN. 29, 1958

B-134425: Jan 29, 1958

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IS ENTITLED TO A PER DIEM ALLOWANCE FOR 156 DAYS WHILE ON TEMPORARY DUTY BETWEEN SEPTEMBER 9. RENNER WAS DIRECTED TO PROCEED FROM THAT STATION TO THE U.S. WHERE HE WAS TO REPORT BY MARCH 8. IT IS SHOWN THAT BOTH GOVERNMENT MEALS AND QUARTERS WERE AVAILABLE TO AND UTILIZED BY MR. WHEN HE WAS CONFINED AS A BED PATIENT IN NAVAL HOSPITAL. IT IS REPORTED THAT NORTH ISLAND IS NOT WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN DIEGO. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. STATES THAT MEMBERS ARE ENTITLED TO AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES. A MEMBER IS DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM HIS PERMANENT DUTY STATION.

B-134425, JAN. 29, 1958

TO MR. A. E. QUEEN, DISBURSING OFFICER, ADVOCATE GENERAL OF THE NAVY, DEPARTMENT OF THE NAVY:

BY LETTER DATED NOVEMBER 18, 1957, FILE JAG:1342.2:VCW 109586, THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR LETTER OF SEPTEMBER 25, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER DELMER E. RENNER, HSAA, U.S. NAVY, IS ENTITLED TO A PER DIEM ALLOWANCE FOR 156 DAYS WHILE ON TEMPORARY DUTY BETWEEN SEPTEMBER 9, 1956, AND FEBRUARY 13, 1957, UNDER THE CIRCUMSTANCES DESCRIBED BELOW.

BY ORDER DATED AUGUST 24, 1956, ISSUED AT THE U.S. NAVAL TRAINING CENTER, SAN DIEGO 33, CALIFORNIA, MR. RENNER WAS DIRECTED TO PROCEED FROM THAT STATION TO THE U.S. NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO 35, CALIFORNIA, REPORTING NOT LATER THAN SEPTEMBER 8, 1956, FOR TEMPORARY DUTY OF APPROXIMATELY SEVEN MONTHS' DURATION, AND FOR FURTHER TRANSFER TO TEMPORARY DUTY UNDER INSTRUCTION AT THE NAVY "AN/M/P" SCHOOL, NAVAL AIR TECHNICAL TRAINING CENTER, NORMAN, OKLAHOMA, WHERE HE WAS TO REPORT BY MARCH 8, FOR CLASS CONVENING MARCH 11, 1957.

THE RECORD SHOWS THAT MR. RENNER REPORTED FOR TEMPORARY DUTY AT THE NAVAL AIR STATION (NORTH ISLAND) AT 8:40 A.M., SEPTEMBER 8, 1956, AND DEPARTED THEREFROM FOR DUTY AT NORMAN, OKLAHOMA, AT 12:15 A.M., FEBRUARY 14, 1957. IT IS SHOWN THAT BOTH GOVERNMENT MEALS AND QUARTERS WERE AVAILABLE TO AND UTILIZED BY MR. RENNER AT THE TEMPORARY DUTY STATION. HIS CLAIM FOR $234 REPRESENTS $6 PER DIEM, LESS $1.50 FOR EACH GOVERNMENT MEAL CONSUMED DURING THE PERIOD HEREINABOVE INDICATED EXCEPT FOR TWO DAYS, DECEMBER 16 AND 17, 1957, WHEN HE WAS CONFINED AS A BED PATIENT IN NAVAL HOSPITAL. ALTHOUGH FOR ADMINISTRATIVE PURPOSES, THE NAVAL AIR STATION AT NORTH ISLAND MAY BE UNDER THE CONTROL AND JURISDICTION OF THE U.S. NAVAL TRAINING CENTER AT SAN DIEGO, IT IS REPORTED THAT NORTH ISLAND IS NOT WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN DIEGO.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND THAT THE RESPECTIVE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. SUBPARAGRAPHS (G) AND (H) OF THAT SECTION PROVIDE THAT THE SECRETARIES CONCERNED SHALL DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS AND SHALL PROMULGATE REGULATIONS AS HEREIN PROVIDED, SUCH REGULATIONS TO BE UNIFORM FOR ALL SERVICES INSOFAR AS PRACTICABLE. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS IN EFFECT ON SEPTEMBER 8, 1956, STATES THAT MEMBERS ARE ENTITLED TO AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES, WHILE ACTUALLY IN A TRAVEL STATUS. A MEMBER IS DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM HIS PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.

PARAGRAPH 4201-4 (CHANGE 47, EFFECTIVE JUNE 1, 1956), JOINT TRAVEL REGULATIONS, PRECLUDES THE PAYMENT OF A PER DIEM ALLOWANCE FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10.

PARAGRAPH 1150-10A (CHANGE 44), JOINT TRAVEL REGULATIONS, DEFINES A PERMANENT DUTY STATION AS A POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN ,TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.

ON THE FACTS HERE REPORTED, THE CONCLUSION APPEARS REQUIRED THAT MR. RENNER WAS IN A TRAVEL STATUS AWAY FROM HIS PERMANENT STATION FOR THE PERIOD INVOLVED AND ENTITLED TO BE PAID PER DIEM AS CLAIMED. SEE B 128168, AUGUST 14, 1956; B-128016, AUGUST 3, 1956; B-123540, FEBRUARY 8, 1956. COMPARE 33 COMP. GEN. 103; B-128830, SEPTEMBER 5, 1956.

THE SUBMITTED VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.