B-135325, MAR. 26, 1958

B-135325: Mar 26, 1958

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NAVAL COMMUNICATION FACILITY: FURTHER REFERENCE IS MADE TO YOUR RECENT CLAIM FOR PER DIEM FOR TEMPORARY DUTY AT LONDON. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 21. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE TRANSFERRED FROM THE USS AGILE (MSO-421) AT CHARLESTON. ADVISED YOU THAT YOUR TEMPORARY DUTY WAS TERMINATED EFFECTIVE MARCH 18. THAT YOU WERE ATTACHED TO THAT SAME COMMAND FOR DUTY WITH U.S. WERE MODIFIED RETROACTIVELY TO SHOW THAT YOU WERE ORDERED TO U.S. " IT BEING STATED THAT THIS WAS TO SHOW THE ORIGINAL INTENT AT THE TIME OF ISSUANCE OF THE BASIC ORDERS. THE ORDERS AS AMENDED STATED THAT YOUR ULTIMATE DESTINATION WAS U.S.

B-135325, MAR. 26, 1958

TO KENNETH E. THOMAS, U.S. NAVAL COMMUNICATION FACILITY:

FURTHER REFERENCE IS MADE TO YOUR RECENT CLAIM FOR PER DIEM FOR TEMPORARY DUTY AT LONDON, ENGLAND, DURING THE PERIOD NOVEMBER 18, 1957, TO MARCH 17, 1957. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 21, 1957, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED NOVEMBER 10, 1956, YOU WERE TRANSFERRED FROM THE USS AGILE (MSO-421) AT CHARLESTON, SOUTH CAROLINA, TO U.S. NAVAL FACILITY, LONDON, ENGLAND, FOR DUTY FOLLOWING A PERIOD OF TEMPORARY DUTY AT U.S. NAVAL COMMUNICATION FACILITY, LONDON, ENGLAND. ON MARCH 17, 1957, THE COMMANDING OFFICER, U.S. NAVAL FACILITY, LONDON, ADVISED YOU THAT YOUR TEMPORARY DUTY WAS TERMINATED EFFECTIVE MARCH 18, 1957, AND THAT YOU WERE ATTACHED TO THAT SAME COMMAND FOR DUTY WITH U.S. NAVAL COMMUNICATION FACILITY, LONDON. THEREAFTER, ON MARCH 25, 1957, THE ORDERS OF NOVEMBER 10, 1956, WERE MODIFIED RETROACTIVELY TO SHOW THAT YOU WERE ORDERED TO U.S. NAVAL COMMUNICATION FACILITY FOR "TEMPORARY DUTY" INSTEAD OF FOR "DUTY," IT BEING STATED THAT THIS WAS TO SHOW THE ORIGINAL INTENT AT THE TIME OF ISSUANCE OF THE BASIC ORDERS. THE ORDERS AS AMENDED STATED THAT YOUR ULTIMATE DESTINATION WAS U.S. NAVAL COMMUNICATION FACILITY, LONDON. THE RESUBMISSION OF YOUR CLAIM APPARENTLY IS ON THE PREMISE THAT BY REASON OF THE AMENDED ORDERS, YOU/WERE TRANSFERRED TO LONDON FOR TEMPORARY DUTY ONLY AND THAT LONDON WAS NOT DESIGNATED YOUR PERMANENT STATION UNTIL AFTER THE TEMPORARY DUTY HAD BEEN COMPLETED.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES MAY BE PAID A TRAVEL ALLOWANCE UNDER COMPETENT ORDERS WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. JOINT TRAVEL REGULATIONS PROMULGATED UNDER THAT AUTHORITY OF LAW PROVIDE A PER DIEM ALLOWANCE FOR TRAVEL AND TEMPORARY DUTY AWAY FROM THE PERMANENT STATION. PARAGRAPH 3003-2 OF THOSE REGULATIONS DEFINES TEMPORARY DUTY AS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR RETURN TO THE OLD PERMANENT STATION OR FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION. NO PER DIEM IS AUTHORIZED, HOWEVER, WHEN THE TEMPORARY DUTY AND PERMANENT DUTY ARE AT THE SAME PLACE.

IN YOUR CASE THE ORDERS OF NOVEMBER 10, 1956, DESIGNATED LONDON, ENGLAND, AS YOUR PERMANENT STATION AND PROVIDED FOR TEMPORARY DUTY IN THE SAME CITY. THE AMENDED ORDERS, ISSUED TO SHOW THE ORIGINAL INTENT UNDER THE BASIC ORDERS, CLEARLY STATED THAT YOUR ULTIMATE DESTINATION WAS LONDON. SINCE IT SEEMS CLEAR THAT THE TEMPORARY DUTY WAS PERFORMED AT YOUR PERMANENT STATION, PER DIEM IS NOT AUTHORIZED FOR SUCH DUTY. 34 COMP. GEN. 427.

THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF AUGUST 21, 1957, WAS CORRECT AND IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED AS REQUESTED.