B-144083, APR. 20, 1961

B-144083: Apr 20, 1961

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VAN ZANDT: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 30. YOU WERE DIRECTED TO PROCEED TO ISLE OF PINES. UPON ARRIVAL YOU WERE TO CONTACT THE U.S. YOUR ORDERS WERE MODIFIED BY THAT ENDORSEMENT SO THAT YOU WERE TO REPORT TO SUCH VESSEL AS IT HAD THAT DAY RELIEVED THE U.S.S. IT WAS STATED IN THE ENDORSEMENT THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE ABOARD THE VESSEL. THE PURPOSE OF SUCH PROVISION IS TO PROVIDE A BASIS FOR THE PAYMENT FROM PUBLIC FUNDS OF ONLY THOSE ADDITIONAL EXPENSES OF SUBSISTENCE WHICH ARE INCURRED BY MEMBERS AS A RESULT OF BEING REQUIRED TO MAINTAIN THEMSELVES AWAY FROM THEIR DESIGNATED POSTS OF DUTY. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE SET FORTH IN THE JOINT TRAVEL REGULATIONS.

B-144083, APR. 20, 1961

TO LIEUTENANT (JG) DOUGLAS L. VAN ZANDT:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 30, 1960, WITH ENCLOSURES, FORWARDED HERE BY THE NAVY REGIONAL ACCOUNTS OFFICE, IN EFFECT REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT DATED JULY 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES INCURRED BY YOU AND FOR PER DIEM DURING THE PERIOD MARCH 20 TO MARCH 27, 1957, INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED UNDER ORDERS OF MARCH 18, 1957.

UNDER ORDERS OF EXPLOSIVE ORDNANCE DISPOSAL UNIT TWO, U.S. NAVAL MINE CRAFT BASE, CHARLESTON, SOUTH CAROLINA, DATED MARCH 18,1957, APPARENTLY ISSUED IN CONFIRMATION OF EARLIER VERBAL ORDERS, YOU WERE DIRECTED TO PROCEED TO ISLE OF PINES, CUBA, ON OR ABOUT FEBRUARY 4, 1957, FOR TEMPORARY ADDITIONAL DUTY. UPON ARRIVAL YOU WERE TO CONTACT THE U.S. AIR FORCE REPRESENTATIVE AND REPORT TO THE U.S.S. MARIETTA (AN82) IN CONNECTION WITH NAVAL MATTERS, THE DUTY TO BE FOR APPROXIMATELY 14 DAYS. THE FIRST ENDORSEMENT TO YOUR ORDERS SHOWS THAT YOU REPORTED ABOARD THE U.S.S. HAZEL (AN29) ON MARCH 19, 1957, AND YOUR ORDERS WERE MODIFIED BY THAT ENDORSEMENT SO THAT YOU WERE TO REPORT TO SUCH VESSEL AS IT HAD THAT DAY RELIEVED THE U.S.S. MARIETTA (AN82). ALSO, IT WAS STATED IN THE ENDORSEMENT THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE ABOARD THE VESSEL. THE SECOND ENDORSEMENT TO YOUR ORDERS SHOWS THAT YOU REPORTED TO ISLE OF PINES,CUBA, MARCH 28, 1957, TO AWAIT TRANSPORTATION TO THE CONTINENTAL UNITED STATES.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (B), AUTHORIZES THE SECRETARIES OF THE SERVICES CONCERNED TO PRESCRIBE PER DIEM FOR TRAVEL OUTSIDE THE UNITED STATES ,CONSIDERING ALL ELEMENTS OF COST OF LIVING" TO THE MEMBERS INVOLVED. THE PURPOSE OF SUCH PROVISION IS TO PROVIDE A BASIS FOR THE PAYMENT FROM PUBLIC FUNDS OF ONLY THOSE ADDITIONAL EXPENSES OF SUBSISTENCE WHICH ARE INCURRED BY MEMBERS AS A RESULT OF BEING REQUIRED TO MAINTAIN THEMSELVES AWAY FROM THEIR DESIGNATED POSTS OF DUTY. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE SET FORTH IN THE JOINT TRAVEL REGULATIONS. AS AN EXCEPTION TO THE GENERAL ENTITLEMENT OF MEMBERS UNDER PARAGRAPH 4250 OF THOSE REGULATIONS TO PER DIEM FOR PERIODS OF TRAVEL AND TEMPORARY DUTY OUTSIDE THE CONTINENTAL UNITED STATES, SUBPARAGRAPH 4250-8 PROHIBITS PAYMENT OF THE ALLOWANCES ,FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL.' SIMILAR PROVISION FOR TEMPORARY DUTY IN THE UNITED STATES IS CONTAINED IN PARAGRAPH 4201-8 OF THE REGULATIONS. THE PURPOSE OF THAT EXCEPTION IS TO DENY PER DIEM WHEN TEMPORARY DUTY OR TRAINING DUTY IS PERFORMED ON GOVERNMENT-OWNED VESSELS BECAUSE OF A CONSIDERATION THAT SUBSISTENCE FACILITIES ARE AVAILABLE THERE, THE USE OF WHICH WOULD NOT INVOLVE THE ABOVE-NORMAL SUBSISTENCE EXPENSES FOR WHICH PER DIEM IS AUTHORIZED. COMP. GEN. 626. THE REGULATIONS, HOWEVER, CONTAIN NO PROVISION WHICH WOULD PERMIT PAYMENT OF THE PER DIEM ALLOWANCE ON THE BASIS THAT CONDITIONS OR CIRCUMSTANCES ABOARD SHIP MADE QUARTERS UNAVAILABLE. THEREFORE, SINCE YOU WERE PERFORMING TEMPORARY DUTY WHILE TEMPORARILY ASSIGNED TO THE U.S.S. HAZEL (AN29) DURING THE PERIOD OF YOUR CLAIM, PAYMENT OF PER DIEM FOR THAT PERIOD IS PROHIBITED BY THE REGULATIONS REGARDLESS OF THE FACT THAT QUARTERS WERE NOT AVAILABLE ABOARD THAT VESSEL.

THE TAXI SERVICES FOR WHICH YOU CLAIM REIMBURSEMENT APPEAR TO HAVE INVOLVED TRAVEL IN THE VICINITY OF THE DUTY STATION TO AND FROM LODGINGS AND PLACE OF DUTY. EXPENSES SO INCURRED ORDINARILY ARE CONSIDERED AS PERSONAL OBLIGATIONS NOT CHARGEABLE TO THE GOVERNMENT. SEE IN THAT CONNECTION PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS. REIMBURSEMENT FOR THE HIRE OF COMMERCIAL TRANSPORTATION, SUCH AS TRUCK HIRE, WHILE CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THE DUTY STATION IS AUTHORIZED ONLY IF APPROVED AS BEING ADVANTAGEOUS TO THE GOVERNMENT. SEE PARAGRAPH 046377, NAVY COMPTROLLER MANUAL. NO SUCH APPROVAL FOR THE HIRE BY YOU OF TRUCKS INCIDENT TO THE DUTY IN QUESTION APPEARS IN THE RECORD AVAILABLE TO US. IN THE ABSENCE OF THAT APPROVAL NO BASIS EXISTS FOR REIMBURSING YOUR EXPENDITURES FOR THAT PURPOSE.

ACCORDINGLY, THE SETTLEMENT OF JULY 23, 1959, WAS CORRECT AND IS SUSTAINED.

IF THE OTHER MEMBERS OF EXPLOSIVE ORDNANCE DISPOSAL TEAM TEN HAVE BEEN PAID PER DIEM FOR TEMPORARY DUTY ABOARD THE U.S.S. HAZEL (AN29) UNDER CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN YOUR CASE, SUCH PAYMENTS AFFORD NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.