B-134978, FEB. 25, 1958

B-134978: Feb 25, 1958

Additional Materials:

Contact:

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

 

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

CARTER: REFERENCE IS MADE TO YOUR COMMUNICATION DATED DECEMBER 27. IT WAS INDICATED THAT YOU WERE TO REPORT TO ADDITIONAL DUTY OF APPROXIMATELY FIVE MONTHS WITH U.S. SUCH A PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH THE MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. " OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM. IS DEFINED IN PARAGRAPH 3003-2 AS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION TO WHICH A MEMBER 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.

B-134978, FEB. 25, 1958

TO MR. W. D. CARTER:

REFERENCE IS MADE TO YOUR COMMUNICATION DATED DECEMBER 27, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 24, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO CERTAIN DUTY PERFORMED AS A MEMBER OF THE U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE, DETACHMENT MIKE, WITHIN THE PERIOD MAY 23, 1956, TO FEBRUARY 12, 1957.

THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT PURSUANT TO STANDARD TRANSFER ORDER NO. 576-56, DATED MAY 22, 1956, DIRECTING YOU TO PROCEED FOR DUTY WITH MOBILE CONSTRUCTION BATTALION ONE, DETACHMENT LIMA, AT PORT LYAUTEY, FRENCH MOROCCO, YOU DEPARTED CONSTRUCTION BATTALION BASE UNIT, DAVISVILLE, RHODE ISLAND, ON MAY 23, 1956; REPORTED TO THE U.S. NAVAL BASE, NORFOLK, VIRGINIA, ON JUNE 3, 1956; AND THAT ON JUNE 27, 1956, YOU REPORTED FOR DUTY WITH DETACHMENT LIMA, MOBILE CONSTRUCTION BATTALION ONE, AT PORT LYAUTEY, FRENCH MOROCCO. BY A NOTATION ON YOUR STANDARD TRANSFER ORDERS OF JULY 10, 1956, IT WAS INDICATED THAT YOU WERE TO REPORT TO ADDITIONAL DUTY OF APPROXIMATELY FIVE MONTHS WITH U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE, DAVISVILLE, RHODE ISLAND, AS ULTIMATE DESTINATION. THE RECORD SHOWS THAT YOU DID SO REPORT ON JULY 27, 1956, AND REMAINED WITH DETACHMENT MIKE AT FORT LYAUTEY UNTIL JANUARY 2, 1957.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF PER DIEM AND OTHER TRAVEL ALLOWANCES ONLY FOR PERIODS WHILE IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION. SUCH A PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH THE MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THE TERM "TEMPORARY DUTY," OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM, IS DEFINED IN PARAGRAPH 3003-2 AS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION TO WHICH A MEMBER 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.

ENTITLEMENT TO PER DIEM FOR TEMPORARY ADDITIONAL DUTY UNDER THE CITED REGULATIONS ARISES ONLY WHEN IT IS PERFORMED UNDER WRITTEN ORDERS WHICH DIRECT ITS PERFORMANCE AND PROVIDE FOR THE MEMBER'S RETURN TO THE OLD STATION. YOU REPORTED TO PORT LYAUTEY FOR DUTY WITH DETACHMENT LIMA PURSUANT TO TRAVEL ORDERS OF MAY 22, 1956. SUCH ORDERS DIRECTED YOU TO REPORT "FOR DUTY" WITH DETACHMENT LIMA AT PORT LYAUTEY. ALTHOUGH THE ORDERS OF JULY 10, 1956, SUGGEST THAT YOUR ASSIGNMENT TO DETACHMENT MIKE WAS FOR TEMPORARY ADDITIONAL DUTY, IT IS DIFFICULT TO PERCEIVE HOW YOU COULD BE PLACED ON TEMPORARY DUTY AT THE SAME DUTY STATION, THAT IS, PORT LYAUTEY, FRENCH MOROCCO, WHERE YOU WERE ASSIGNED FOR REGULAR DUTY WITH DETACHMENT LIMA. PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT "EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE.' FURTHERMORE, PAYMENT OF PER DIEM MAY NOT BE ACCOMPLISHED BY MEANS OF DESIGNATING A DUTY STATION AS A MEMBER'S TEMPORARY STATION AFTER HE HAS BEEN ASSIGNED TO DUTY THERE ON A PERMANENT BASIS. WE WOULD NOT BE WARRANTED IN IN CONCLUDING OTHER THAN THAT ANY TRAVEL OR TEMPORARY DUTY WITH DETACHMENT MIKE WHOLLY WITHIN THE BOUNDS OF THE AREA DESIGNATED AS PORT LYAUTEY, FRENCH MOROCCO, WAS TRAVEL WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION WITHIN THE CONTEMPLATION OF PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

SINCE IT APPEARS THAT YOUR REGULAR DUTY STATION AND TEMPORARY DUTY STATION WERE BOTH LOCATED WITHIN THE AREA KNOWN AS PORT LYAUTEY, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.