B-136096, SEP 11, 1958

B-136096: Sep 11, 1958

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DISBURSING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF MAY 2. FARRIES WAS DIRECTED TO TAKE CHARGE OF A GROUP OF NINE DESIGNATED ENLISTED MEN OF THE 8TH ENGINEER BATTALION. UPON THE COMPLETION OF WHICH THEY WERE TO RETURN TO CAMP LEJEUNE. A COPY OF THE ORDERS WAS INDORSED TO CONSTITUTE THE ORIGINAL ORDERS OF SERGEANT RICHARDSON. THAT HIS TEMPORARY ADDITIONAL DUTY WAS TERMINATED EFFECTIVE APRIL 15. THAT DURING THE PERIOD OF TEMPORARY ADDITIONAL DUTY GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND UTILIZED. STATED THAT SERGEANT RICHARDSON'S ORIGINAL SIX-MONTH ASSIGNMENT AT VIEQUES WAS EXTENDED BY COMPETENT AUTHORITY FOR AN ADDITIONAL SIX-MONTH PERIOD DUE TO THE LACK OF AN AVAILABLE QUALIFIED REPLACEMENT.

B-136096, SEP 11, 1958

PRECIS-UNAVAILABLE

MAJOR R. S. SASSER, USMC, DISBURSING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1958, WITH RELATED PAPERS, PDTATAC CONTROL #58-1, FORWARDED HERE BY ENDORSEMENT OF THE COMMANDANT OF THE MARINE CORPS DATED JULY 1, 1958, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON THE ACCOMPANYING VOUCHER IN FAVOR OF TECHNICAL SERGEANT PRIMUS W. RICHARDSON, USMC, FOR PER DIEM COVERING THE PERIOD FROM APRIL 21, 1957, TO APRIL 14, 1958, INCIDENT TO TEMPORARY ADDITIONAL DUTY PERFORMED AT VIEQUES, PUERTO RICO.

UNDER GROUP TRAVEL ORDERS OF HEADQUARTERS, FORCE TROOPS, FLEET MARINE FORCE, ATLANTIC, CAMP LEJEUNE, NORTH CAROLINA, DATED APRIL 11, 1957, STAFF SERGEANT VICTOR H. FARRIES WAS DIRECTED TO TAKE CHARGE OF A GROUP OF NINE DESIGNATED ENLISTED MEN OF THE 8TH ENGINEER BATTALION, INCLUDING SERGEANT RICHARDSON, AND PROCEED ON OR ABOUT APRIL 15, 1957, TO VIEQUES, PUERTO RICO, REPORTING UPON ARRIVAL FOR TEMPORARY ADDITIONAL DUTY WITH SUB UNIT NO. 1, 8TH ENGINEER BATTALION, AS REPLACEMENTS FOR A PERIOD OF ABOUT SIX MONTHS, UPON THE COMPLETION OF WHICH THEY WERE TO RETURN TO CAMP LEJEUNE. A COPY OF THE ORDERS WAS INDORSED TO CONSTITUTE THE ORIGINAL ORDERS OF SERGEANT RICHARDSON, AND 1ST ENDORSEMENT OF THE COMMANDING OFFICER OF SUB UNIT NO. 1, 8TH ENGINEER BATTALION, TO THOSE ORDERS, DATED APRIL 11, 1958, CITING PARAGRAPH 8208 OF THE MARINE CORPS MANUAL, STATED THAT HE HAD REPORTED TO THAT ORGANIZATION OF APRIL 20, 1957, THAT HIS TEMPORARY ADDITIONAL DUTY WAS TERMINATED EFFECTIVE APRIL 15, 1958, AND THAT DURING THE PERIOD OF TEMPORARY ADDITIONAL DUTY GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND UTILIZED. FURTHER ENDORSEMENT INDICATES THAT HE RETURNED TO CAMP LEJEUNE ON APRIL 17, 1958. IN A STATEMENT CONCERNING THE DUTY PERIOD IN QUESTION THE PERSONNEL OFFICER, FORCE TROOPS, FLEET MARINE FORCE, ATLANTIC, STATED THAT SERGEANT RICHARDSON'S ORIGINAL SIX-MONTH ASSIGNMENT AT VIEQUES WAS EXTENDED BY COMPETENT AUTHORITY FOR AN ADDITIONAL SIX-MONTH PERIOD DUE TO THE LACK OF AN AVAILABLE QUALIFIED REPLACEMENT. SUCH EXTENSION DOES NOT APPEAR TO HAVE BEEN DIRECTED BY WRITTEN ORDERS. YOU STATE THAT YOUR DOUBT IN THE MATTER IS AS TO WHETHER SERGEANT RICHARDSON MIGHT BE CONSIDERED AS REMAINING IN A TRAVEL STATUS FOR THE EXTENDED PERIOD INVOLVED.

THE PAYMENT OF PER DIEM IS AUTHORIZED BY SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, FOR PERIODS OF TRAVEL - INCLUDING REASONABLY SHORT PERIODS OF TEMPORARY DUTY, WHICH MIGHT BE CONSIDERED TO CONTINUE IF PROLONGED FOR ADDITIONAL SHORT PERIODS FOR REASONS NOT ANTICIPATED WHEN THE BASIC ORDERS WERE WRITTEN (B-134568, FEBRUARY 12, 1958) - PERFORMED BY DIRECTION OF COMPETENT WRITTEN TRAVEL ORDERS. SINCE THE EXPLANATION THAT SERGEANT RICHARDSON'S RETENTION AT VIEQUES FOLLOWING THE PERIOD COVERED BY THE ORDERS OF APRIL 11, 1957, OCCURRED BECAUSE A REPLACEMENT WAS NOT OBTAINABLE INDICATES A CIRCUMSTANCE THAT PROBABLY COULD NOT HAVE BEEN ANTICIPATED WHEN THE ORDERS OF APRIL 11, 1957, WERE ISSUED, THE FACT THAT THE TOTAL PERIOD OF TEMPORARY DUTY WAS LONGER THAN IS ORDINARILY CONSIDERED TO BE WITHIN NORMAL TEMPORARY DUTY LIMITATIONS WOULD NOT OF ITSELF DEFEAT HIS RIGHT TO PER DIEM FOR THE PERIOD IN QUESTION.

THE PROVISIONS OF PARAGRAPHS 3000 AND 3001 OF THE JOINT TRAVEL REGULATIONS PROHIBIT THE PAYMENT OF PER DIEM OR OTHER TRAVEL ALLOWANCES UNLESS THE TRAVEL OR TEMPORARY DUTY INVOLVED IS DIRECTED BY WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY. THE ORDERS OF APRIL 11, 1957, DIRECTED THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY ONLY FOR A PERIOD OF ABOUT SIX MONTHS AND SO PROVIDE AUTHORITY FOR THE PAYMENT OF PER DIEM ONLY FOR THAT PERIOD. SINCE THERE APPEAR TO HAVE BEEN NO WRITTEN ORDERS ISSUED DIRECTING A CONTINUATION OF THE TEMPORARY ASSIGNMENT BEYOND THAT PERIOD, NO AUTHORITY MAY BE CONSIDERED TO EXIST FOR THE PAYMENT OF PER DIEM FOR ANY PERIOD EXCEEDING THAT AUTHORIZED BY THOSE ORDERS. THE TERM "ABOUT SIX MONTHS" BEING VAGUE AND UNCERTAIN, IT, UNDER THE CIRCUMSTANCES, WILL BE CONSIDERED TO REFER TO A PERIOD OF EXACTLY SIX MONTHS.

IN THE ABSENCE OF COMPETENT WRITTEN ORDERS DIRECTING THE FURTHER PERFORMANCE OF TEMPORARY ADDITIONAL DUTY, PAYMENT ON THE PRESENTED VOUCHER, RETURNED HEREWITH, IS AUTHORIZED ONLY FOR THE SIX MONTHS' PERIOD EXTENDING FROM APRIL 21 TO OCTOBER 20, 1957. THE ORIGINAL ORDERS SUBMITTED ALSO ARE RETURNED AS REQUESTED.