B-135317, MAR. 19, 1956

B-135317: Mar 19, 1956

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USNR: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZED THE PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER WAS IN A TRAVEL STATUS AWAY FROM HIS PERMANENT DUTY STATION. A PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS THE RESERVATION. OR ESTABLISHED AREA TO WHICH THE MEMBER IS ATTACHED FOR DUTY. " OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM. IS DEFINED IN PARAGRAPH 3003-2 AS DUTY AT A LOCATION. TO WHICH A MEMBER IS ORDERED FOR TEMPORARY DUTY "UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT DUTY STATION.'.

B-135317, MAR. 19, 1956

TO LIEUTENANT (JG) WILLIAM L. CALDERWOOD, USNR:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1958, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR DUTY PERFORMED AS A MEMBER OF REGISTERED PUBLICATIONS MOBILE ISSUING OFFICE NO. 3, YOKOSUKA, JAPAN, DURING THE PERIODS FROM SEPTEMBER 1 TO NOVEMBER 9, 1956, AND FROM DECEMBER 10, 1956, TO JUNE 30, 1957.

YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZED THE PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER WAS IN A TRAVEL STATUS AWAY FROM HIS PERMANENT DUTY STATION. A PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS THE RESERVATION, STATION, OR ESTABLISHED AREA TO WHICH THE MEMBER IS ATTACHED FOR DUTY, OTHER THAN TEMPORARY 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 FOR TEMPORARY DUTY "UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT DUTY STATION.'

IT APPEARS FROM YOUR LETTER OF JULY 8, 1957, TO THE OFFICER IN CHARGE, U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., THAT BY PERMANENT CHANGE OF DUTY ORDERS YOU WERE DIRECTED TO REPORT TO THE COMMANDER, SERVICE SQUADRON THREE, FOR DUTY WITH REGISTERED PUBLICATIONS MOBILE ISSUING OFFICER NO. 3. YOU SAY THAT, ON JULY 10, 1956, YOU REPORTED TO THE COMMANDER, SERVICE SQUADRON THREE AS DIRECTED; THAT AFTER SEVERAL DAYS THE SQUADRON, WHICH WAS EMBARKED ON THE U.S.S. DIXIE AT SESEBO, JAPAN, PROCEEDED TO YOKOSUKA, JAPAN; AND THAT UPON ARRIVAL THERE ON JULY 16, 1956, YOU REPORTED FOR DUTY WITH REGISTERED PUBLICATIONS MOBILE ISSUING OFFICE NO. 3. WHILE THE ORDERS DIRECTING SUCH DUTY ASSIGNMENT HAVE NOT BEEN FURNISHED, IT APPEARS THAT THE EFFECT OF SUCH ORDERS WAS TO ASSIGN YOU TO PERMANENT DUTY WITH THE REGISTERED PUBLICATIONS MOBILE ISSUING OFFICE NO. 3, LOCATED AT YOKOSUKA. IN THIS CONNECTION, IF IN FACT IT WAS CONTEMPLATED THAT YOU SHOULD BE ASSIGNED TO YOKOSUKA FOR TEMPORARY DUTY, ORDERS SHOULD HAVE BEEN ISSUED SO PROVIDING AND, ALSO, FOR YOUR FURTHER ASSIGNMENT TO A NEW DUTY STATION OR RETURN TO YOUR OLD PERMANENT STATION UPON COMPLETION OF THE PERIOD OF TEMPORARY DUTY. IN THE ABSENCE OF SUCH COMPETENT TEMPORARY DUTY ORDERS, YOKOSUKA BECAME YOUR PERMANENT DUTY STATION FOR PER DIEM PURPOSES, AND YOU COULD NOT ENTER INTO A TRAVEL STATUS THEREAFTER UNLESS YOU LEFT THAT PLACE PURSUANT TO COMPETENT ORDERS. CF. 34 COMP. GEN. 427.

BY ORDERS DATED AUGUST 30, 1956, SEPTEMBER 27, 1956, OCTOBER 8, 1956, AND FEBRUARY 4, 1957, YOU WERE DIRECTED TO REPORT TO THE MOBILE SECURITY GROUP DETACHMENT, REGISTERED PUBLICATIONS MOBILE ISSUING OFFICE NO. 3, PURPORTEDLY FOR TEMPORARY ADDITIONAL DUTY AT YOKOSUKA, JAPAN. HOWEVER, FOR THE REASON HEREINBEFORE STATED, THESE ORDERS DID NOT CONSTITUTE COMPETENT TEMPORARY DUTY ORDERS, FOR PER DIEM PURPOSES, SINCE THE ASSIGNED DUTY WAS AT YOUR PERMANENT STATION. SEE, IN THIS CONNECTION, PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

THE FACT THAT CLAIMS SOMEWHAT SIMILAR TO YOURS MAY HAVE BEEN PAID ADMINISTRATIVELY AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM CONTRARY TO THE JOINT TRAVEL REGULATIONS. THE FACTS IN YOUR CASE DO NOT ESTABLISH THAT YOU WERE ON TEMPORARY DUTY AT YOKOSUKA DURING THE PERIODS IN QUESTION AND, THEREFORE, NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF DECEMBER 16, 1957, IS SUSTAINED.