B-138087, MARCH 3, 1959, 38 COMP. GEN. 583

B-138087: Mar 3, 1959

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WHILE EN ROUTE TO A PERMANENT OVERSEAS STATION IS DIVERTED OR DELAYED AT ANOTHER OVERSEAS STATION FOR TEMPORARY DUTY WHILE AWAITING FURTHER ORDERS. BECAUSE OF UNREST IN THE COUNTRY IN WHICH THE PERMANENT DUTY STATION IS LOCATED. ARE ORDERED TO A RESTRICTED AREA OR WHO ARE EVACUATED TO ANOTHER OVERSEAS AREA. 1959: REFERENCE IS MADE TO LETTER OF DECEMBER 3. THE REQUEST WAS APPROVED BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAS BEEN ASSIGNED PDTATAC CONTROL NO. 58-17. ARE APPLICABLE IN THIS INSTANCE. IN THE EVENT THAT NAPLES IS CONSIDERED A DESIGNATED SAFE HAVEN AREA WITHIN THE PROVISIONS OF PARAGRAPH 4306-2 OF THE JOINT TRAVEL REGULATIONS. DECISION IS REQUESTED WHETHER EMERGENCY COST-OF-LIVING ALLOWANCES MAY BE PROPERLY PAID FOR CAPTAIN BOYD'S DEPENDENTS FOR THE PERIOD JULY 17 THROUGH JULY 27.

B-138087, MARCH 3, 1959, 38 COMP. GEN. 583

MILITARY PERSONNEL - STATION ALLOWANCES - OVERSEAS - DIVERSION OF MEMBER FROM STATION A NAVAL OFFICER WHO, TOGETHER WITH DEPENDENTS, WHILE EN ROUTE TO A PERMANENT OVERSEAS STATION IS DIVERTED OR DELAYED AT ANOTHER OVERSEAS STATION FOR TEMPORARY DUTY WHILE AWAITING FURTHER ORDERS, BECAUSE OF UNREST IN THE COUNTRY IN WHICH THE PERMANENT DUTY STATION IS LOCATED, MAY NOT BE REGARDED AS COMING WITHIN THE EXCEPTION IN PARAGRAPHS 4305 AND 4306 OF THE JOINT TRAVEL REGULATIONS, WHICH PERMITS CONTINUATION OF COST-OF- LIVING ALLOWANCE PAYMENTS TO MEMBERS WHO, AFTER ARRIVAL AT ANOTHER OVERSEAS AREA, ARE ORDERED TO A RESTRICTED AREA OR WHO ARE EVACUATED TO ANOTHER OVERSEAS AREA, WHEN THE MEMBER HAS NOT YET REPORTED FOR DUTY AT THE ORIGINAL PERMANENT STATION AND AT WHICH THE MEMBER MAY NOT, IN THE EVENT OF FURTHER ORDERS, SUBSEQUENTLY REPORT.

TO THE SECRETARY OF THE NAVY, MARCH 3, 1959:

REFERENCE IS MADE TO LETTER OF DECEMBER 3, 1958, FROM THE ASSISTANT SECRETARY OF THE NAVY ( FINANCIAL MANAGEMENT), REQUESTING AN ADVANCE DECISION AS TO THE ELIGIBILITY OF CAPTAIN ROBERT G. BOYD, UNITED STATES NAVY, FOR COST-OF-LIVING ALLOWANCES FOR HIS DEPENDENTS WHILE AT NAPLES, ITALY. THE REQUEST WAS APPROVED BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND HAS BEEN ASSIGNED PDTATAC CONTROL NO. 58-17.

IN HIS LETTER, THE ASSISTANT SECRETARY OF THE NAVY STATES THAT THE FACTS IN CAPTAIN BOYD'S CASE RAISE DOUBT AS TO WHETHER THE PROVISIONS OF PARAGRAPH 4306-2 OF THE JOINT TRAVEL REGULATIONS, CHANGE 73, OR THOSE OF PARAGRAPH 4305-5 OF THE JOINT TRAVEL REGULATIONS, ARE APPLICABLE IN THIS INSTANCE. IN THE EVENT THAT NAPLES IS CONSIDERED A DESIGNATED SAFE HAVEN AREA WITHIN THE PROVISIONS OF PARAGRAPH 4306-2 OF THE JOINT TRAVEL REGULATIONS, DECISION IS REQUESTED WHETHER EMERGENCY COST-OF-LIVING ALLOWANCES MAY BE PROPERLY PAID FOR CAPTAIN BOYD'S DEPENDENTS FOR THE PERIOD JULY 17 THROUGH JULY 27, 1958, INCLUSIVE.

BY ORDERS DATED MARCH 21, 1958, CAPTAIN BOYD WAS RELIEVED FROM DUTY AT NEWPORT, RHODE ISLAND, AND ORDERED TO REPORT TO WASHINGTON, D.C., FOR TEMPORARY DUTY, UPON THE COMPLETION OF WHICH HE WAS TO PROCEED, VIA SUCH TRANSPORTATION AS THE CHIEF OF NAVAL PERSONNEL MIGHT DIRECT, TO BAGDAD, IRAQ, HIS NEW PERMANENT DUTY STATION. ON JUNE 11, 1958, CAPTAIN BOYD WAS DETACHED FROM HIS TEMPORARY DUTY AND ORDERED TO CARRY OUT THE REMAINDER OF HIS BASIC ORDERS. HOWEVER, BUREAU OF NAVAL PERSONNEL MODIFICATION ORDERS DATED JULY 14, 1958, DIRECTED CAPTAIN BOYD AND HIS DEPENDENTS TO DISEMBARK FROM THE S.S. EXCALIBUR AT NAPLES, ITALY, AND THAT HE REPORT TO THE NAVAL SUPPORT ACTIVITY THEREAT FOR TEMPORARY DUTY PENDING FURTHER ORDERS. APPEARS THAT CAPTAIN BOYD REPORTED FOR TEMPORARY DUTY ON JULY 17, 1958, AND WAS DETACHED FROM SUCH DUTY ON JULY 28, 1958. IT IS REPORTED THAT CAPTAIN BOYD AND HIS FAMILY WERE DIVERTED TO NAPLES AS A DIRECT RESULT OF THE UNREST IN BAGDAD, IRAQ.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (B), PROVIDES AS FOLLOWS:

WITHOUT REGARD TO THE MONETARY LIMITATIONS IN THIS ACT, THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES: PROVIDED, THAT DEPENDENTS SHALL NOT BE CONSIDERED IN DETERMINING PER DIEM ALLOWANCES FOR MEMBERS IN A TRAVEL STATUS.

THIS STATUTORY AUTHORITY FOR PAYMENT OF PER DIEM, OR COST-OF-LIVING ALLOWANCES, TO MEMBERS ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, INSOFAR AS IT CONCERNS THE LIVING COSTS OF DEPENDENTS, HAS BEEN CONSTRUED AS APPLICABLE ONLY IN CASES OF MEMBERS, ACCOMPANIED BY DEPENDENTS, WHO ARE SERVING AT PERMANENT DUTY STATIONS OVERSEAS. CONSONANCE WITH THIS CONSTRUCTION, THE TERM "A MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS AS ONE WHOSE DEPENDENTS RESIDE IN THE VICINITY OF HIS DUTY STATION OUTSIDE THE UNITED STATES, THAT IS, IN THE SAME COUNTRY WITHIN WHICH HIS PERMANENT DUTY STATION IS LOCATED, OR IN AN ADJACENT COUNTRY IF HE ACTUALLY RESIDES THERE WITH HIS DEPENDENTS AND COMMUTES TO HIS PERMANENT DUTY STATION. PARAGRAPH 4301 OF THESE REGULATIONS STATES THAT STATION ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF DEFRAYING THE AVERAGE EXCESS COST-OF-LIVING EXPERIENCED BY MEMBERS ON PERMANENT DUTY AT PLACES OUTSIDE THE UNITED STATES, AND PROVIDES THAT THE RESPECTIVE ALLOWANCES FOR SUBSISTENCE AND FOR QUARTERS ARE NOT PAYABLE TO A MEMBER WITHOUT DEPENDENTS FOR ANY DAY UPON WHICH A GOVERNMENT MESS OR GOVERNMENT QUARTERS ARE AVAILABLE TO HIM AT HIS PERMANENT DUTY STATION BUT THAT A MEMBER WITH DEPENDENTS IS ENTITLED TO THE STATION ALLOWANCES FOR SUBSISTENCE, NOTWITHSTANDING THE AVAILABILITY OF A GOVERNMENT MESS TO THE MEMBER AT HIS PERMANENT DUTY STATION, INCLUDING A VESSEL, AND TO THE STATION ALLOWANCES FOR QUARTERS AT ALL TIMES EXCEPT WHEN GOVERNMENT QUARTERS ARE ASSIGNED TO, OR OCCUPIED JOINTLY BY, THE MEMBER AND HIS DEPENDENTS.

AS AN EXCEPTION TO THE GENERAL PROPOSITION THAT THE COST-OF-LIVING ALLOWANCES AT THE RATES AUTHORIZED FOR MEMBERS WITH DEPENDENTS ACCRUE ONLY TO MEMBERS SERVING AT PERMANENT STATIONS OVERSEAS WITH DEPENDENTS PRESENT IN THE VICINITY OF THEIR STATION (OR AT THE OVERSEAS HOME PORT OR HOME YARD IF SERVING ABOARD A VESSEL), PARAGRAPHS 4305 AND 4306 OF THE REGULATIONS PROVIDES, IN SUBSTANCE, THAT MEMBERS WITH DEPENDENTS ON DUTY AT UNRESTRICTED OVERSEAS STATIONS WHO ARE ORDERED TO A RESTRICTED STATION, OR MEMBERS ON DUTY AT OVERSEAS STATIONS FROM WHICH DEPENDENTS ARE EVACUATED TO ANOTHER DESIGNATED PLACE IN AN OVERSEAS AREA, SHALL CONTINUE TO RECEIVE COST-OF-LIVING ALLOWANCES AT SPECIFIED RATES ON ACCOUNT OF SUCH DEPENDENTS, INCLUDING ANY DEPENDENTS WHO WERE DIVERTED TO DESIGNATED PLACES WHILE EN ROUTE TO THE MEMBER'S OVERSEAS STATION FROM WHICH HE WAS REASSIGNED TO A RESTRICTED AREA, OR FROM WHICH DEPENDENTS WERE BEING, OR HAD BEEN, EVACUATED. IT IS NOT CONSIDERED, HOWEVER, THAT THIS EXCEPTION PROPERLY MAY BE EXTENDED TO INCLUDE CASES SUCH AS THAT OF CAPTAIN BOYD WHERE DEPENDENTS WHO, TOGETHER WITH THE MEMBER CONCERNED, ARE DIVERTED OR DELAYED WHILE EN ROUTE TO AN OVERSEAS STATION AT WHICH THE MEMBER HAS NOT YET REPORTED FOR DUTY, AND AT WHICH HE MAY NOT, IN THE EVENT OF FURTHER MODIFICATION OF ORDERS, SUBSEQUENTLY REPORT. ACCORDINGLY CAPTAIN BOYD IS NOT ENTITLED TO ANY COST-OF-LIVING ALLOWANCES ON ACCOUNT OF DEPENDENTS FOR THE PERIOD OF TEMPORARY DUTY AT NAPLES WHILE AWAITING FURTHER ORDERS.