B-135888, MAY 26, 1958

B-135888: May 26, 1958

Additional Materials:

Contact:

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

 

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

USNR: REFERENCE IS MADE TO YOUR COMMUNICATION OF JANUARY 15. WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT PART OF THE SETTLEMENT OF JULY 23. YOU WERE AT THE NAVAL AIR STATION. YOU WERE AT OKINAWA. IN YOUR REQUEST FOR REVIEW YOU STATE THAT THE HOME PORT OF PATROL SQUADRON TWENTY TWO DURING THE PERIODS IN QUESTION WAS BARBER'S POINT. YOU APPARENTLY CONTEND ON THAT BASIS THAT YOU ARE ENTITLED TO PER DIEM FOR ALL PERIODS YOU WERE AWAY FROM SUCH "HOME PORT.'. AS AUTHORITY FOR PAYMENT OF THAT PORTION OF YOUR CLAIM FOR PER DIEM THAT WAS DISALLOWED BY THE SETTLEMENT OF JULY 23. 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.

B-135888, MAY 26, 1958

TO LIEUTENANT (JG) BERTRAM A. C. UDOVIN, USNR:

REFERENCE IS MADE TO YOUR COMMUNICATION OF JANUARY 15, 1958 (FORWARDED HERE THROUGH THE U.S. NAVY REGIONAL ACCOUNTS OFFICE), WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT PART OF THE SETTLEMENT OF JULY 23, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO CERTAIN DUTY PERFORMED AS A MEMBER OF PATROL SQUADRON TWENTY TWO, UNITED STATES PACIFIC FLEET AIR FORCE, DURING OPERATIONAL DEPLOYMENT ACTIVITIES OF THAT SQUADRON FROM NOVEMBER 1951 THROUGH MAY 1952.

THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT DURING YOUR SQUADRON MOVEMENT PURSUANT TO ORDERS OF NOVEMBER 19, 1951, YOU WERE AT THE NAVAL AIR STATION, BARBER'S POINT, T.H.; NAHA AIR FORCE BASE, OKINAWA; AND ON THE U.S.S. GARDINIER'S BAY, AND THAT PURSUANT TO ORDERS OF MAY 26, 1952, YOU WERE AT OKINAWA; THE NAVAL AIR STATION, ATSUGI, JAPAN; AND THE NAVAL AIR STATION, BARBER'S POINT, T.H., WHERE YOUR SQUADRON RETURNED AFTER ITS DEPLOYMENT. INDORSEMENTS TO BOTH THESE BASIC ORDERS INDICATE THAT YOUR TEMPORARY ADDITIONAL DUTY STATUS ENDED WHEN YOU REPORTED TO THE COMMANDING OFFICER, PATROL SQUADRON TWENTY TWO FOR THE RESUMPTION OF YOUR REGULAR DUTIES ON NOVEMBER 30, 1951, AND FEBRUARY 26, 1952. IN YOUR REQUEST FOR REVIEW YOU STATE THAT THE HOME PORT OF PATROL SQUADRON TWENTY TWO DURING THE PERIODS IN QUESTION WAS BARBER'S POINT, T.H., AND YOU APPARENTLY CONTEND ON THAT BASIS THAT YOU ARE ENTITLED TO PER DIEM FOR ALL PERIODS YOU WERE AWAY FROM SUCH "HOME PORT.' YOU ALSO CITE SECNAV INSTRUCTIONS 7220.19, DATED JUNE 4, 1956, AS AUTHORITY FOR PAYMENT OF THAT PORTION OF YOUR CLAIM FOR PER DIEM THAT WAS DISALLOWED BY THE SETTLEMENT OF JULY 23, 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. THE RECORD BEFORE US SHOWS THAT BY ORDERS OF NOVEMBER 30, 1951, AND FEBRUARY 26, 1952, YOUR TEMPORARY ADDITIONAL DUTY STATUS WAS TERMINATED AND YOU RESUMED YOUR REGULAR DUTIES. NO AUTHORITY EXISTS FOR PAYMENT OF YOUR PER DIEM CLAIM DURING PERIODS IN WHICH YOU PERFORMED YOUR REGULAR DUTIES. INSOFAR AS THE APPLICATION OF SECNAV INSTRUCTION 7220.19 TO THE FACTS IN YOUR CASE IS CONCERNED, PARAGRAPH 6 OF SUCH INSTRUCTION PROVIDED THAT:

"B. MEMBERS CURRENTLY DEPLOYED WHO HAVE NOT BEEN ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS DIRECTED TO AN INDIVIDUAL OR TO A GROUP WITH EACH INDIVIDUAL NAMED WILL BE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS UPON RECEIPT OF THIS INSTRUCTION. SUCH MEMBERS WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCES FROM THE DATE THE WRITTEN ORDERS ARE ACTUALLY ISSUED.'

"D. MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY, FOR WHICH THE REQUIRED WRITTEN ORDERS WERE NOT ISSUED PRIOR TO THE DATE OF THIS INSTRUCTION, WILL NOT BE ISSUED CONFIRMING ORDERS.'

THE PROVISIONS OF SUBPARAGRAPH C OF PARAGRAPH 6, SECNAV INSTRUCTION 7220.19, QUOTED ABOVE, CONSTITUTE AN EFFECTIVE EXERCISE OF ADMINISTRATIVE DISCRETION IN AUTHORIZING PAYMENT OF PER DIEM TO MEMBERS WHO HAD COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY FOR WHICH WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS ALREADY HAD BEEN ISSUED. NO SUCH ORDERS WERE ISSUED FOR THE PERIODS EXCLUDED IN YOUR PER DIEM CLAIM BY THE SETTLEMENT OF JULY 23, 1957. MOREOVER, SUBPARAGRAPH D OF PARAGRAPH 6, SUPRA, NOW PRECLUDES THE ISSUANCE OF ANY CONFIRMING ORDERS FOR THE PERIODS INVOLVED. ACCORDINGLY, ON THE BASIS OF THE ORDERS SUBMITTED IN SUPPORT OF YOUR CLAIM, THE SETTLEMENT OF JULY 23, 1957, MUST BE SUSTAINED.