B-143681, DEC. 6, 1960

B-143681: Dec 6, 1960

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WAS TO REGARD HIMSELF DETACHED FROM DUTY IN THAT BUREAU AND TO PROCEED TO PEARL HARBOR. UPON THE COMPLETION OF WHICH HE WAS TO PROCEED TO THE PORT IN WHICH THE U.S.S. HAS CERTIFIED THAT THEY WERE REQUIRED TO OCCUPY HOTEL ACCOMMODATIONS AT THE PACIFIC POLYNESIA HOTEL IN HONOLULU FROM JULY 22 TO AUGUST 3. WERE CANCELLED AND COMMANDER BURKI WAS DIRECTED TO REPORT IMMEDIATELY TO THE U.S.S. HE WAS DETACHED FROM TEMPORARY DUTY AUGUST 4. YOU REQUEST A DECISION WHETHER THE OFFICER IS ENTITLED TO TEMPORARY LODGING ALLOWANCE DURING THE PERIOD JULY 22 TO AUGUST 3. IT WAS HELD (ANSWER TO QUESTION 1) THAT A MEMBER ON PERMANENT CHANGE OF STATION TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES WHO IS DIRECTED TO PERFORM TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD FOR DUTY AND WHO IS REQUIRED TO SECURE HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE FOR HIMSELF.

B-143681, DEC. 6, 1960

TO L. GREENBERG, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY FOURTH ENDORSEMENT DATED SEPTEMBER 8, 1960, PDTATAC CONTROL NO. 60-29, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF JULY 26, 1960, WITH VOUCHERS AND SUPPORTING PAPERS, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING A TEMPORARY LODGING ALLOWANCE TO THE PAY ACCOUNT OF LIEUTENANT COMMANDER ARDE A. BURKI, USN, 447163, UNDER THE CIRCUMSTANCES DESCRIBED BELOW.

BY ORDERS OF THE BUREAU OF NAVAL PERSONNEL, WASHINGTON, D.C., DATED FEBRUARY 3, 1959, COMMANDER BURKI, WHEN RELIEVED IN JUNE 1959, WAS TO REGARD HIMSELF DETACHED FROM DUTY IN THAT BUREAU AND TO PROCEED TO PEARL HARBOR, T.H., AND REPORT TO THE COMMANDER, SUBMARINE FORCE, PACIFIC FLEET, FOR TEMPORARY DUTY UNDER INSTRUCTION IN PROSPECTIVE SUBMARINE COMMANDING OFFICERS COURSE, CLASS CONVENING JULY 27, 1959, UPON THE COMPLETION OF WHICH HE WAS TO PROCEED TO THE PORT IN WHICH THE U.S.S. SABALO (SS-302) MAY BE, FOR DUTY AS COMMANDING OFFICER OF THAT VESSEL. HE ARRIVED AT PEARL HARBOR ACCOMPANIED BY HIS DEPENDENTS (WIFE AND THREE CHILDREN) ON JULY 22, 1959, AND HAS CERTIFIED THAT THEY WERE REQUIRED TO OCCUPY HOTEL ACCOMMODATIONS AT THE PACIFIC POLYNESIA HOTEL IN HONOLULU FROM JULY 22 TO AUGUST 3, 1959, PENDING COMPLETION OF ARRANGEMENTS FOR PERMANENT LIVING ACCOMMODATIONS. PRESUMABLY THE OFFICER OCCUPIED THE SAME HOTEL ACCOMMODATIONS WITH HIS DEPENDENTS. BY ENDORSEMENT DATED AUGUST 4, 1959, THE UNEXECUTED PORTION OF THE ORDERS OF FEBRUARY 3, 1959, WERE CANCELLED AND COMMANDER BURKI WAS DIRECTED TO REPORT IMMEDIATELY TO THE U.S.S. SABALO FOR DUTY. HE WAS DETACHED FROM TEMPORARY DUTY AUGUST 4, 1959, AND ON THE SAME DATE REPORTED ABOARD THE U.S.S. SABALO (SS-302) AT PEARL HARBOR. YOU REQUEST A DECISION WHETHER THE OFFICER IS ENTITLED TO TEMPORARY LODGING ALLOWANCE DURING THE PERIOD JULY 22 TO AUGUST 3, 1959, UNDER THE INDICATED CIRCUMSTANCES.

IN DECISION DATED NOVEMBER 14, 1960, B-143587, TO THE SECRETARY OF THE NAVY, COPY ENCLOSED, CONSIDERING QUESTIONS SIMILAR TO THAT HERE PRESENTED, IT WAS HELD (ANSWER TO QUESTION 1) THAT A MEMBER ON PERMANENT CHANGE OF STATION TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES WHO IS DIRECTED TO PERFORM TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD FOR DUTY AND WHO IS REQUIRED TO SECURE HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE FOR HIMSELF, HIS DEPENDENTS, OR BOTH, AT THE HOME PORT DURING THE PERIOD OF SUCH TEMPORARY DUTY MAY BE PAID, IN ADDITION TO THE TRAVEL PER DIEM TO WHICH ENTITLED, THE TEMPORARY LODGING ALLOWANCE AUTHORIZED BY PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS, AS IN EFFECT DURING THE PERIOD HERE INVOLVED, REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER HIMSELF. SUCH REDUCTION WAS CONSIDERED NECESSARY ON THE BASIS THAT THE MEMBER'S PERSONAL EXPENSES OTHERWISE ARE REIMBURSED BY THE TRAVEL PER DIEM RECEIVED. UNDER THAT DECISION COMMANDER BURKI IS ENTITLED TO A TEMPORARY LODGING ALLOWANCE FOR THE PERIOD CLAIMED COMPUTED ON THE BASIS OF THE FACTS IN HIS CASE. ACCORDINGLY, IF OTHERWISE CORRECT, THE TEMPORARY LODGING ALLOWANCE MAY BE CREDITED TO THE PAY ACCOUNT OF COMMANDER BURKI ON THAT BASIS. THE ENCLOSURES RECEIVED WITH YOUR LETTER ARE RETURNED.