B-135781, MAY 12, 1958

B-135781: May 12, 1958

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470 85 73: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 25. YOUR CLAIM WAS PRESENTED ON THE BASIS THAT YOU PERFORMED TEMPORARY ADDITIONAL DUTY AT ARGENTIA INCIDENT TO THE DEPLOYMENT OF YOUR ORGANIZATION. IT WAS SUPPORTED BY A STATEMENT OF THE COMMANDING OFFICER OF THAT ORGANIZATION. TO THE EFFECT THAT YOU WERE ON TEMPORARY ADDITIONAL DUTY AT ARGENTIA DURING THE PERIOD OF YOUR CLAIM BY DIRECTION OF AN ORGANIZATIONAL MOVEMENT ORDER AND VERBAL ORDERS OF THE COMMANDING OFFICER. THAT YOU WERE SUBSEQUENTLY DETACHED FROM THAT STATION UNDER A FURTHER ORGANIZATIONAL MOVEMENT ORDER AND VERBAL ORDERS OF THE COMMANDING OFFICER. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS CONSIDERED THAT SUCH STATEMENT OF JUNE 1.

B-135781, MAY 12, 1958

TO RICHARD D. WOODEN, CM3, USN, 470 85 73:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 25, 1958, REQUESTING REVIEW OF OUR SETTLEMENT OF FEBRUARY 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM MAY 25 TO OCTOBER 7, 1955, INCIDENT TO DUTY PERFORMED AT ARGENTIA, NEWFOUNDLAND.

YOUR CLAIM WAS PRESENTED ON THE BASIS THAT YOU PERFORMED TEMPORARY ADDITIONAL DUTY AT ARGENTIA INCIDENT TO THE DEPLOYMENT OF YOUR ORGANIZATION, MOBILE CONSTRUCTION BATTALION NUMBER SEVEN, AND IT WAS SUPPORTED BY A STATEMENT OF THE COMMANDING OFFICER OF THAT ORGANIZATION, DATED JUNE 1, 1956, TO THE EFFECT THAT YOU WERE ON TEMPORARY ADDITIONAL DUTY AT ARGENTIA DURING THE PERIOD OF YOUR CLAIM BY DIRECTION OF AN ORGANIZATIONAL MOVEMENT ORDER AND VERBAL ORDERS OF THE COMMANDING OFFICER, AND THAT YOU WERE SUBSEQUENTLY DETACHED FROM THAT STATION UNDER A FURTHER ORGANIZATIONAL MOVEMENT ORDER AND VERBAL ORDERS OF THE COMMANDING OFFICER. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS CONSIDERED THAT SUCH STATEMENT OF JUNE 1, 1956, DID NOT FULFILL THE REQUIREMENT FOR COMPETENT WRITTEN ORDERS TO SUPPORT ITS PAYMENT. YOU HAVE NOW SUBMITTED FOR CONSIDERATION IN THE MATTER COPIES OF ORDERS PREPARED ON APRIL 20, 1955, WHICH DIRECTED YOUR ASSIGNMENT AT ARGENTIA.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES ONLY FOR PERIODS WHILE IN A TRAVEL STATUS AWAY FROM THEIR PERMANENT DUTY STATIONS, AND PARAGRAPH 1150- 10 DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 3003-2 OF THE REGULATIONS DEFINES THE TERM "TEMPORARY DUTY," WHICH INCLUDES TEMPORARY ADDITIONAL DUTY, AS DUTY AT A LOCATION OTHER THAN A 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. IN THE ORDERS OF APRIL 20, 1955, WHICH YOU SUBMITTED, YOU WERE DIRECTED TO PROCEED FROM PORT HUENEME, CALIFORNIA, TO THE U.S. NAVAL MOBILE CONSTRUCTION BATTALION NUMBER SEVEN "FOR DUTY.' THERE WAS NO PROVISION FOR YOUR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR YOUR RETURN TO THE OLD PERMANENT STATION. SUCH ORDERS WERE PREPARED PRIOR TO YOUR DEPARTURE FOR ARGENTIA AND APPARENTLY IT WAS PURSUANT TO THOSE ORDERS THAT THE DUTY IN QUESTION AT ARGENTIA WAS PERFORMED. IT APPEARS, THEREFORE, THAT THE INFORMATION CONTAINED IN THE STATEMENT OF THE COMMANDING OFFICER OF NAVAL MOBILE CONSTRUCTION BATTALION NUMBER SEVEN, DATED JUNE 1, 1956, THAT YOU WERE VERBALLY DIRECTED TO THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY AT ARGENTIA WAS IN ERROR.

IN VIEW OF THE ORDERS OF APRIL 20, 1955, WHICH CONTAINED NO PROVISION FOR YOUR SUBSEQUENT ASSIGNMENT, IT MUST BE CONSIDERED THAT ARGENTINA BECAME YOUR PERMANENT DUTY STATION UPON YOUR REPORTING THERE UNDER THOSE ORDERS. CONSEQUENTLY, YOU WERE NOT IN A TRAVEL STATUS WITHIN THE MEANING OF THE CITED REGULATIONS WHILE AT THAT STATION, AND HENCE NO AUTHORITY EXISTS FOR THE PAYMENT TO YOU OF THE PER DIEM CLAIMED. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 6, 1958, IS SUSTAINED.