B-134679, APRIL 14, 1958, 37 COMP. GEN. 669

B-134679: Apr 14, 1958

Additional Materials:

Contact:

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

 

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

PRIOR TO JOINING THE FIGHTER SQUADRON AT MIRAMAR IS TO BE REGARDED AS HAVING CONTINUED IN A TRAVEL STATUS UNTIL ARRIVAL AT THE NEW PERMANENT DUTY STATION AND IS ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY. ENSIGN BRAY WAS DETACHED FROM DUTY AT BEEVILLE. YOU STATE THAT FIGHTER SQUADRON 144 WAS HOME PORTED AT THE NAVAL AIR STATION. - UNTIL HE WAS ADVISED BY ENDORSEMENT OF JULY 29 THAT TEMPORARY DUTY WAS COMPLETED AND THAT HE WAS TO CARRY OUT THE REMAINDER OF THE BASIC ORDERS. YOUR QUESTION IN THE MATTER IS WHETHER HE MAY BE CONSIDERED AS AWAY FROM HIS DUTY STATION FOR PER DIEM PURPOSES PRIOR TO REPORTING FOR DUTY AT MIRAMAR. SINCE HE WAS NOT RESIDING WITHIN THE LIMITS OF THAT STATION.

B-134679, APRIL 14, 1958, 37 COMP. GEN. 669

MILITARY PERSONNEL - SUBSISTENCE - PER DIEM - INTERVENING TEMPORARY DUTY - TEMPORARY DUTY NEAR PERMANENT STATION NAVY MEMBER WHO, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS DIRECTING DUTY AT MIRAMAR, CALIFORNIA, PERFORMED TEMPORARY DUTY AT NORTH ISLAND, CALIFORNIA, PRIOR TO JOINING THE FIGHTER SQUADRON AT MIRAMAR IS TO BE REGARDED AS HAVING CONTINUED IN A TRAVEL STATUS UNTIL ARRIVAL AT THE NEW PERMANENT DUTY STATION AND IS ENTITLED TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY, IRRESPECTIVE OF CONSIDERATIONS OF PROXIMITY OF THE STATIONS AND LIVING ARRANGEMENTS. UNDER PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS WHICH DEFINES PERMANENT DUTY STATION, NORTH ISLAND, CALIFORNIA, AND MIRAMAR, CALIFORNIA, MAY BE REGARDED AS DISTINCT LOCALITIES FOR DETERMINATION OF TRAVEL STATUS.

TO G. T. MOORE, DEPARTMENT OF THE NAVY, APRIL 14, 1958:

IN YOUR LETTER OF AUGUST 19, 1957, FORWARDED HERE BY THE ACTING JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, WITH LETTER DATED DECEMBER 16, 1957, YOU REQUEST DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON AN ACCOMPANYING VOUCHER IN FAVOR OF ENSIGN WILLIAM G. BRAY, USNR, FOR PER DIEM INCIDENT TO TEMPORARY DUTY PERFORMED AT THE NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, DURING THE PERIOD FROM JUNE 29 TO JULY 28, 1957.

BY ORDERS OF MAY 2, 1957, ISSUED AT THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, ENSIGN BRAY WAS DETACHED FROM DUTY AT BEEVILLE, TEXAS, AND DIRECTED TO PROCEED TO THE NAVAL AIR STATION, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY INVOLVING OPERATIONAL AND TRAINING FLIGHTS AWAITING ARRIVAL OF FIGHTER SQUADRON 144 (1VF 144) AND FOR DUTY WITH THAT SQUADRON UPON ITS ARRIVAL WHEN DIRECTED BY THE COMMANDER, AIR FORCE, U.S. PACIFIC FLEET. WHILE NOT INDICATED IN THOSE ORDERS, YOU STATE THAT FIGHTER SQUADRON 144 WAS HOME PORTED AT THE NAVAL AIR STATION, MIRAMAR, CALIFORNIA, AND RETURNED THERE. THE OFFICER REPORTED AT THE NAVAL AIR STATION, SAN DIEGO (APPARENTLY LOCATED AT NORTH ISLAND), ON JUNE 28, 1957, AND PERFORMED TEMPORARY DUTY THERE--- EXCEPT FOR A PERIOD WHILE PERFORMING TEMPORARY DUTY AT EL TORO, CALIFORNIA--- UNTIL HE WAS ADVISED BY ENDORSEMENT OF JULY 29 THAT TEMPORARY DUTY WAS COMPLETED AND THAT HE WAS TO CARRY OUT THE REMAINDER OF THE BASIC ORDERS. HE REPORTED TO FIGHTER SQUADRON 144 AT MIRAMAR ON JULY 29, 1957.

YOU STATE THAT THE OFFICER RESIDED IN THE BACHELOR OFFICERS' QUARTERS AT NORTH ISLAND DURING THE PERIOD IN QUESTION AND THAT UPON THE RETURN OF FIGHTER SQUADRON 144 TO MIRAMAR HE MOVED TO THE BACHELOR OFFICERS' QUARTERS AT MIRAMAR. YOUR QUESTION IN THE MATTER IS WHETHER HE MAY BE CONSIDERED AS AWAY FROM HIS DUTY STATION FOR PER DIEM PURPOSES PRIOR TO REPORTING FOR DUTY AT MIRAMAR, SINCE HE WAS NOT RESIDING WITHIN THE LIMITS OF THAT STATION.

ENTITLEMENT TO PER DIEM UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), IS DEPENDENT UPON MEMBERS BEING IN A TRAVEL STATUS "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS AND THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THE PERMANENT DUTY STATION ON PUBLIC BUSINESS PURSUANT TO COMPETENT ORDERS. UNDER PARAGRAPH 3050-3 OF THE REGULATIONS, A TRAVEL STATUS FOR SUCH PURPOSES, COMMENCING UPON DEPARTURE FROM THE OLD STATION UNDER CHANGE OF STATION ORDERS, CONTINUES UNTIL THE ARRIVAL OF THE MEMBER AT THE NEW DUTY STATION. CONSEQUENTLY, THE CONCLUSION APPEARS TO BE REQUIRED THAT THE MEMBER IS ENTITLED TO OTHERWISE AUTHORIZED PER DIEM FOR ANY DIRECTED PERIOD OF TEMPORARY DUTY DURING THE TRAVEL PERIOD PERFORMED ON CHANGE OF STATION ORDERS PRIOR TO HIS ACTUAL ARRIVAL AT HIS NEW DUTY STATION IRRESPECTIVE OF CONSIDERATIONS OF PROXIMITY TO THE DUTY STATION, LIVING ARRANGEMENTS, ETC.

PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS DEFINES A PERMANENT DUTY STATION TO THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED OR, IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE RESERVATION, STATION, OR ESTABLISHED AREA, OR SUBDIVISION THEREOF. IT HAS BEEN RECOGNIZED, IN VIEW OF THOSE PROVISIONS, THAT NORTH ISLAND AND MIRAMAR ARE DISTINCT LOCALITIES FOR PURPOSES OF DETERMINING TRAVEL STATUS QUESTIONS. B-128830, SEPTEMBER 5, 1956. WHILE THE LANGUAGE OF THE ORDERS OF MAY 2, 1957, IMPLIED THAT THE ASSIGNMENT WITH FIGHTER SQUADRON 144 WOULD BE AT THE NAVAL AIR STATION AT SAN DIEGO, IT WILL BE ASSUMED, IN VIEW OF YOUR REPRESENTATIONS, THAT THE ORDERS WERE INTENDED TO AND DID DIRECT A DUTY ASSIGNMENT AT MIRAMAR WITH INTERVENING TEMPORARY DUTY AT NORTH ISLAND AND THAT IT WAS SO UNDERSTOOD BY ENSIGN BRAY. UNDER SUCH CIRCUMSTANCES, IT MAY BE CONSIDERED THAT HIS TRAVEL STATUS UNDER THE ORDERS OF MAY 2, 1957, DID NOT END UNTIL HE REPORTED AT MIRAMAR ON JULY 29, 1957, AND CONSEQUENTLY THAT HE REMAINED IN A TRAVEL STATUS WHILE AT NORTH ISLAND IN THE PERFORMANCE OF THE TEMPORARY DUTY ASSIGNED THERE. ACCORDINGLY, PAYMENT OF THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED.