B-143128, JUN. 22, 1960

B-143128, JUN. 22, 1960

TO MR. JOHN NORCROSS SUTTON, AD2, 929 94 27, FLEET AIRCRAFT SERVICE SQUADRON 107:

REFERENCE IS MADE TO A TRAVEL VOUCHER EXECUTED BY YOU ON FEBRUARY 13, 1960, CLAIMING REIMBURSEMENT FOR TRAVEL AND OTHER EXPENSES INCIDENT TO DUTY PERFORMED DURING THE PERIOD MARCH 10 TO AUGUST 17, 1955, UNDER TRAVEL ORDERS NO. TA 8314-56, DATED AUGUST 10, 1955. NEITHER THE ALLOWANCES CLAIMED NOR THE AMOUNT IS STATED ON THE VOUCHER. OUR RECORDS SHOW, HOWEVER, THAT IN 1958 YOU PRESENTED A CLAIM FOR PER DIEM INCIDENT TO CERTAIN DUTY PERFORMED AS A MEMBER OF PATROL SQUADRON NINE, U.S. PACIFIC FLEET AIR FORCE, DURING THE PERIOD JULY 1, 1955, TO AUGUST 16, 1955, PURSUANT TO THE AFOREMENTIONED ORDERS. THAT CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 21, 1958. SINCE, AS THE BASIS FOR YOUR PRESENT CLAIM, YOU HAVE CITED TRAVEL ORDERS NO. TA 8314-56, DATED AUGUST 10, 1955, WHICH DIRECTED YOU TO PROCEED ON OR ABOUT JULY 1, 1955, TO KODIAK, ALASKA, FOR TEMPORARY ADDITIONAL DUTY, YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF AUGUST 21, 1958.

THE RECORDS INDICATE 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 AUTHORIZED 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 FUTURE 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 OLDSTATION. YOU APPEAR TO CONTEND THAT THE 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 NOT UNDERSTOOD HOW YOU COULD BE PLACED ON TEMPORARY DUTY AT THE DUTY STATION, KODIAK, ALASKA, WHERE YOU WERE ALREADY 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 ABLE.' 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 21, 1958, IS SUSTAINED.