B-135314, MAR. 14, 1958
Highlights
USMC: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR PER DIEM FOR THE PERIOD JANUARY 26 TO JUNE 13. SINCE YOUR CLAIM IS A DUPLICATE OF THAT PART OF YOUR PRIOR CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT OF MAY 2. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. THE DUTY FOR WHICH PER DIEM IS CLAIMED WAS PERFORMED UNDER ORDERS ISSUED ON NOVEMBER 25. THE ORDERS WERE DESIGNATED AS . UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO CAMP PENDLETON. NO FURTHER STATION ASSIGNMENT WAS MENTIONED IN THE ORDERS. THE RECORD FURTHER SHOWS THAT THE COURSE OF INSTRUCTION TO WHICH YOU WERE ASSIGNED BEGAN IN FEBRUARY 1956. THAT YOU WERE SEPARATED FROM THE CLASS ON JUNE 14. YOUR DEPARTURE WAS PURSUANT TO PERMANENT CHANGE OF STATION ORDERS DATED JULY 17.
B-135314, MAR. 14, 1958
TO PRIVATE FIRST CLASS RONALD T. APOSTLE, USMC:
FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR PER DIEM FOR THE PERIOD JANUARY 26 TO JUNE 13, 1956, WHILE ON DUTY UNDER INSTRUCTION AT MARINE BARRACKS, NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA. SINCE YOUR CLAIM IS A DUPLICATE OF THAT PART OF YOUR PRIOR CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT OF MAY 2, 1957, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.
THE DUTY FOR WHICH PER DIEM IS CLAIMED WAS PERFORMED UNDER ORDERS ISSUED ON NOVEMBER 25, 1955, BY HEADQUARTERS MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA. THE ORDERS WERE DESIGNATED AS ,PERMANENT CHANGE OF STATION AND TEMPORARY DUTY ORDERS.' THE ORDERS DIRECTED YOU TO PROCEED FROM SAN DIEGO TO EL TORO, CALIFORNIA, FOR TEMPORARY DUTY OF ABOUT FIVE DAYS IN CONNECTION WITH PROCESSING FOR THE NAVAL AVIATION CADET PROGRAM, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO CAMP PENDLETON, CALIFORNIA, FOR TEMPORARY DUTY FOR A PERIOD OF ABOUT FOUR WEEKS AND FOR FURTHER TRANSFER TO MARINE BARRACKS, NAVAL STATION, TREASURE ISLAND, FOR ASSIGNMENT TO NAVAL SCHOOL (ELECTRONICS) FOR DUTY UNDER INSTRUCTION IN THE ELECTRONICS TECHNICIAN COURSE (CLASS A), REPORTING DATE FEBRUARY 3, 1956. NO FURTHER STATION ASSIGNMENT WAS MENTIONED IN THE ORDERS.
THE RECORD SHOWS THAT YOU REPORTED AT TREASURE ISLAND ON JANUARY 25, 1956; PURSUANT TO SIXTH ENDORSEMENT TO YOUR BASIC ORDERS ISSUED BY YOUR COMMANDING OFFICER, CAMP PENDLETON, ON JANUARY 20, 1956, WHICH PROVIDED THAT YOUR TEMPORARY DUTY UNDER INSTRUCTION WOULD BE COMPLETED ON JANUARY 23, 1956, AND DIRECTED THAT YOU CARRY OUT THE UNEXECUTED PORTION OF YOUR ORDERS AND REPORT AT TREASURE ISLAND ON A PERMANENT CHANGE OF STATION. THE RECORD FURTHER SHOWS THAT THE COURSE OF INSTRUCTION TO WHICH YOU WERE ASSIGNED BEGAN IN FEBRUARY 1956; THAT YOU WERE SEPARATED FROM THE CLASS ON JUNE 14, 1956, BECAUSE OF ACADEMIC DEFICIENCY, AND THAT YOU REMAINED AT TREASURE ISLAND UNTIL JULY 27, 1956. YOUR DEPARTURE WAS PURSUANT TO PERMANENT CHANGE OF STATION ORDERS DATED JULY 17, 1956, DIRECTING YOU TO PROCEED TO EL TORO, CALIFORNIA, FOR FURTHER TRANSPORTATION TO AN OVERSEAS STATION. YOUR CLAIM FOR PER DIEM FOR THE PERIOD YOU ATTENDED SCHOOL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN PRESENTING YOUR CLAIM AGAIN YOU STATE YOU DID SO BECAUSE OF A RECENT DECISION BY THIS OFFICE AND FOR THE FURTHER REASON THAT THE COMMANDANT OF THE MARINE CORPS APPROVED PAYMENT OF THE PER DIEM CLAIM OF PRIVATE FIRST CLASS JAMES R. NEAL WHO WAS IN THE SAME CLASS AND WHO WAS SEPARATED FROM THE SCHOOL ON THE SAME DATE. THE MARINE CORPS IN TRANSMITTING YOUR PRESENT CLAIM HERE INDICATED THAT THE PERTINENT DECISION IS B-122508, DATED JANUARY 5, 1956.
THE STATUTORY AUTHORITY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES UPON CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY IS CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY OF LAW, PROVIDE A PER DIEM ALLOWANCE FOR DUTY PERFORMED AT TEMPORARY STATIONS UNDER VARIOUS CIRCUMSTANCES, BUT MAKE NO SUCH PROVISION FOR DUTY PERFORMED AT PERMANENT STATIONS. PARAGRAPH 1150-10 OF THE REGULATIONS DEFINES A PERMANENT STATION AS ONE TO WHICH A MEMBER IS ASSIGNED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. IT FURTHER PROVIDES THAT WHERE A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A SCHOOL OR INSTALLATION TO PURSUE A COURSE OF INSTRUCTION THE DURATION OF WHICH IS 20 WEEKS OR MORE, SUCH SCHOOL OR INSTALLATION IS DEFINED AS A PERMANENT DUTY STATION. IN YOUR CASE THE RECORD SHOWS YOU WERE ASSIGNED TO TREASURE ISLAND UNDER PERMANENT CHANGE OF STATION ORDERS TO PURSUE A COURSE OF INSTRUCTION AND IN VIEW OF SUCH ASSIGNMENT IT IS ASSUMED THE DURATION OF THE COURSE WAS 20 WEEKS OR MORE. THUS, TREASURE ISLAND WAS YOUR PERMANENT STATION NOTWITHSTANDING THE FACT THAT YOU DID NOT COMPLETE THE COURSE. THAT BEING THE CASE, NO PER DIEM IS AUTHORIZED. THE DECISION UPON WHICH YOU APPARENTLY RELY RELATES TO SITUATIONS WHERE A MEMBER WHILE ON DUTY AT A TEMPORARY STATION IS IN RECEIPT OF ORDERS DESIGNATING THAT PLACE AS HIS PERMANENT STATION. THAT DECISION SUPPORTS THE WELL-ESTABLISHED PRINCIPLE THAT PER DIEM IS NOT PAYABLE FOR ANY PERIOD OF DUTY AT A STATION AFTER IT HAS BEEN DESIGNATED THE MEMBER'S PERMANENT STATION. THEREFORE, IT AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. IF PRIVATE FIRST CLASS (NOW CORPORAL) JAMES R. NEAL WAS PAID PER DIEM UNDER THE CIRCUMSTANCES INVOLVED IN YOUR CLAIM SUCH ERRONEOUS PAYMENT WOULD NOT CONSTITUTE AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ON THE CONTRARY,STEPS WILL BE TAKEN TO RECOVER ANY ERRONEOUS PAYMENT THAT MAY HAVE BEEN MADE.