B-137487, NOV 17, 1958

B-137487: Nov 17, 1958

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HARRISON: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1. WERE ORDERED TO PROCEED ON OR ABOUT MARCH 10. 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. " 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. 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.

B-137487, NOV 17, 1958

PRECIS-UNAVAILABLE

LIEUTENANT ROBERT A. HARRISON:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 25, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF PATROL SQUADRON NINE, U. S. PACIFIC FLEET AIR FORCE, DURING THE PERIOD JULY 1, 1955, TO AUGUST 17, 1955.

IN YOUR REQUEST FOR REVIEW YOU AVER GENERALLY THAT "ALL SQUADRONS BASED OVERSEAS OR DEPLOYED FROM JULY 1, 1955, TO THIS DATE RECEIVED PER DIEM ALLOWANCES" AND YOU APPARENTLY CONTEND THAT YOUR CLAIM FOR PER DIEM SHOULD BE ALLOWED ON THIS BASIS. IT APPEARS FROM THE RECORDS BEFORE US THAT PURSUANT TO A MOVEMENT ORDER DATED MARCH 1, 1955, YOU, AND OTHER NAMED PERSONNEL OF PATROL SQUADRON NINE, WERE ORDERED TO PROCEED ON OR ABOUT MARCH 10, 1955, FROM THE NAVAL AIR STATION, ALAMEDA, CALIFORNIA, TO THE NAVAL STATION, KODIAK, ALASKA. THESE ORDERS OF MARCH 1, 1955, DID NOT DIRECT THE PERFORMANCE OF TEMPORARY DUTY NOR REQUIRE THE RETURN OF ANY OF THE MEMBERS OF PATROL SQUADRON NINE TO ALAMEDA, CALIFORNIA, UPON THE COMPLETION OF DUTY AT KODIAK.

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.

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. YOU APPEAR TO CONTEND THAT ORDERS OF AUGUST 10, 1955, SUBMITTED IN YOUR CASE, CONSTITUTE AUTHORITY FOR THE RETROACTIVE PAYMENT OF PER DIEM TO JULY 1, 1955. ALTHOUGH SUCH ORDERS OF AUGUST 10, 1955, ATTEMPT TO CONFIRM A PERIOD OF TEMPORARY ADDITIONAL DUTY AT KODIAK COMMENCING JULY 1, 1955, IT IS DIFFICULT TO PERCEIVE HOW YOU COULD BE PLACED ON TEMPORARY DUTY AT THE SAME DUTY STATION, THAT IS, KODIAK, ALASKA, WHERE YOU WERE ASSIGNED WITH PATROL SQUADRON NINE PURSUANT TO ORDERS OF MARCH 1, 1955. PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT "EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE." FURTHERMORE, PAYMENT OF PER DIEM MAY NOT BE ACCOMPLISHED BY MEANS OF DESIGNATING A DUTY STATION AS A MEMBER'S TEMPORARY STATION AFTER HE HAS BEEN ASSIGNED TO DUTY THERE ON A PERMANENT BASIS. SINCE IT APPEARS THAT YOUR REGULAR DUTY STATION AND TEMPORARY DUTY STATION WERE BOTH LOCATED AT KODIAK DURING THE PERIOD IN QUESTION, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 25, 1958, IS SUSTAINED. IF, AS YOU SAY, PERSONNEL OF OTHER SQUADRONS RECEIVED PER DIEM PAYMENTS FOR PERIODS OVERSEAS AFTER JULY 1, 1955, UNDER CIRCUMSTANCES IDENTICAL TO THOSE DISCLOSED IN YOUR CASE, SUCH PAYMENTS WERE ERRONEOUS AND WOULD FORM NO BASIS FOR PAYMENT TO YOU OF THE AMOUNT CLAIMED.