B-135995, JUL. 3, 1958

B-135995: Jul 3, 1958

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RILEY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18. YOU WERE TRANSFERRED FROM U.S. NAVAL MOBILE CONSTRUCTION BATTALION SIX "FOR DUTY" AND WERE DIRECTED TO PROCEED THERE BY WAY OF U.S. NO OTHER STATION WAS NAMED IN THE ORDERS. THAT YOUR STATUS WHILE AT GUANTANAMO BAY WAS TEMPORARY ADDITIONAL DUTY WITHIN THE LIMITATIONS OF PARAGRAPH 3002-5. THOSE ORDERS FURTHER STATED THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE BEING FURNISHED YOU. WAS DISALLOWED BY THE SETTLEMENT OF JANUARY 20. THE PERMANENT STATION FOR MOBILE CONSTRUCTION BATTALION SIX WAS DAVISVILLE. A PERMANENT DUTY STATION IS DEFINED BY PARAGRAPH 1150-10 OF THOSE 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-135995, JUL. 3, 1958

TO MR. THOMAS A. RILEY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 20, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JANUARY 1 TO MAY 23, 1957, WHILE SERVING AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED SEPTEMBER 15, 1956, YOU WERE TRANSFERRED FROM U.S. NAVAL FACILITY, CAPE MAY, NEW JERSEY, TO U.S. NAVAL MOBILE CONSTRUCTION BATTALION SIX "FOR DUTY" AND WERE DIRECTED TO PROCEED THERE BY WAY OF U.S. NAVAL RECEIVING STATION, NORFOLK, VIRGINIA, AS AN INTERMEDIATE STATION. NO OTHER STATION WAS NAMED IN THE ORDERS, NOR DID THEY DIRECT ULTIMATE RETURN TO YOUR OLD STATION. ON OCTOBER 22, 1956, THE COMMANDING OFFICER, MOBILE CONSTRUCTION BATTALION SIX, GUANTANAMO BAY, CUBA, BY INDORSEMENT ON YOUR BASIC ORDERS STATED THAT YOU REPORTED THERE ON OCTOBER 9, 1956, UNDER PERMANENT CHANGE OF STATION ORDERS, AND THAT YOUR STATUS WHILE AT GUANTANAMO BAY WAS TEMPORARY ADDITIONAL DUTY WITHIN THE LIMITATIONS OF PARAGRAPH 3002-5, JOINT TRAVEL REGULATIONS. THOSE ORDERS FURTHER STATED THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE BEING FURNISHED YOU. YOUR CLAIM FOR PER DIEM FOR DUTY AT GUANTANAMO BAY DURING THE PERIOD JANUARY 1 TO MAY 23, 1957, WAS DISALLOWED BY THE SETTLEMENT OF JANUARY 20, 1959. YOUR REQUEST FOR REVIEW YOU RELY UPON PARAGRAPHS 2 AND 6B OF SECNAV INSTRUCTION 7220.19, DATED JUNE 4, 1945, AND YOUR COMMANDING OFFICER'S ENDORSEMENT OF OCTOBER 22, 1956, ON YOUR BASIC ORDERS, AS AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ALSO, YOU POINT OUT THAT ACCORDING TO OPNAV INSTRUCTION 3111.14B, DATED JUNE 23, 1955, THE PERMANENT STATION FOR MOBILE CONSTRUCTION BATTALION SIX WAS DAVISVILLE, RHODE ISLAND.

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 SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY OF LAW AUTHORIZE (PARAGRAPH 3050) THE PAYMENT OF PER DIEM ONLY FOR PERIODS WHILE PERFORMING TRAVEL AWAY FROM THE PERMANENT DUTY STATION PURSUANT TO COMPETENT TRAVEL ORDERS. A PERMANENT DUTY STATION IS DEFINED BY PARAGRAPH 1150-10 OF THOSE 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. PARAGRAPHS 3002-1 AND 3002-2 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO, BUT THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. PARAGRAPH 3003-2 OF THE JOINT TRAVEL REGULATIONS DEFINES TEMPORARY DUTY ORDERS AS ORDERS TO DUTY AT A LOCATION OTHER THAN THE MEMBER'S PERMANENT STATION WHICH ORDERS PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

FOR A LONG TIME DUTY OF THE TYPE YOU WERE PERFORMING WAS NOT GENERALLY REGARDED AS TEMPORARY DUTY ENTITLING MEMBERS SO ENGAGED TO PER DIEM. AS A RESULT, MUCH OF SUCH DUTY WAS PERFORMED UNDER ORAL ORDERS OR UNDER WRITTEN ORDERS DESIGNATING THE ASSIGNMENT SIMPLY AS DUTY. TO CLARIFY THE NAVY DEPARTMENT POLICY IN THIS REGARD THE SECRETARY OF THE NAVY ISSUED SECNAV INSTRUCTIONS 7220.19 ON JUNE 4, 1956. PARAGRAPH 2 OF THESE INSTRUCTIONS DEFINES THE DESIGNATED POST OF DUTY OR PERMANENT STATION OF A MEMBER OF A MOBILE UNIT AS THE POST OR GEOGRAPHICAL LOCATION ASSIGNED AS A PERMANENT DUTY STATION FOR THE UNIT AND EXPRESSLY INCLUDES THE PROVISION OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949 THAT MEMBERS ARE ENTITLED TO TRAVEL ALLOWANCES ONLY FOR TRAVEL PERFORMED AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER COMPETENT ORDERS, THAT IS, IN THE CASE OF TEMPORARY DUTY ALLOWANCES, ORDERS CONFORMING TO THE REQUIREMENTS OF PARAGRAPH 3003- 2, JOINT TRAVEL REGULATIONS, REFERRED TO ABOVE.

YOUR ORDERS OF SEPTEMBER 15, 1956, CAN BE INTERPRETED ONLY AS PERMANENT CHANGE OF STATION ORDERS ASSIGNING YOU TO DUTY AT GUANTANAMO BAY WHICH DID NOT GIVE RISE TO A RIGHT TO PER DIEM. THE INDORSEMENT OF OCTOBER 22, 1956, ON YOUR BASIC ORDERS WHILE CAPTIONED "TEMPORARY ADDITIONAL DUTY" DIRECTS NO TRAVEL NOR DOES IT CONFIRM ANY VERBAL ORDERS DIRECTING TRAVEL. ALSO, IT DOES NOT PROVIDE FOR YOUR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR YOUR RETURN TO THE OLD PERMANENT STATION. HENCE, IN THE ABSENCE OF WRITTEN ORDERS, MODIFYING YOUR BASIC ORDERS, ISSUED BY THE SAME, OR HIGHER, AUTHORITY THAT ISSUED YOUR BASIC ORDERS, WHICH MEET THE REQUIREMENTS FOR TEMPORARY DUTY ORDERS AS CONTAINED IN PARAGRAPH 3003-2 OF THE JOINT TRAVEL REGULATIONS THERE IS NO AUTHORITY FOR PAYMENT TO YOU OF THE PER DIEM CLAIMED.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JANUARY 20, 1958, IS SUSTAINED.