B-144933, FEB. 16, 1961

B-144933: Feb 16, 1961

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THE PERMANENT DUTY STATION OF UTILITY SQUADRON TWO WAS TRANSFERRED FROM QUONSET POINT. HE HAS PRESENTED A VOUCHER FOR PAYMENT OF PER DIEM ON THE BASIS THAT SINCE HE WAS ON TEMPORARY DUTY AT OCEANA ON MAY 18. WHEN IT WAS DESIGNATED AS THE PERMANENT DUTY STATION OF HIS MOBILE UNIT. HE WAS IN A TEMPORARY DUTY STATUS WHEN HE RETURNED TO QUONSET POINT. CONCERNING THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION FOR MEMBERS ATTACHED TO A NAVY MOBILE UNIT WHICH WAS PHYSICALLY RELOCATED WE HELD THAT THE PERMANENT CHANGE OF STATION DID NOT OCCUR UNTIL THE UNIT ACTUALLY MOVED. THE HOLDING IN THAT DECISION IS FOR APPLICATION IN THIS CASE. OCEANA IN EFFECT WAS HIS TEMPORARY DUTY STATION AND QUONSET POINT REMAINED AS HIS PERMANENT DUTY STATION UNTIL THE PHYSICAL MOVEMENT OF HIS MOBILE UNIT WAS ACCOMPLISHED.

B-144933, FEB. 16, 1961

TO DISBURSING OFFICER, THROUGH COMPTROLLER OF THE NAVY, DEPARTMENT OF THE NAVY:

BY FOURTH INDORSEMENT DATED JANUARY 24, 1961, PDTATAC CONTROL NO. 61-1, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED HERE YOUR LETTER OF SEPTEMBER 8, 1960, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO LIEUTENANT (JG) LAURENCE J. SCAHILL'S ENTITLEMENT TO PER DIEM UNDER THE CIRCUMSTANCES STATED BELOW.

ORDERS DATED MAY 4, 1960, TRANSFERRED THE MEMBER ON OR ABOUT MAY 5, 1960, FROM HIS DUTY STATION WITH UTILITY SQUADRON TWO, UNITED STATES NAVAL AIR STATION, QUONSET POINT, RHODE ISLAND, TO UTILITY SQUADRON TWO DETACHMENT FIFTEEN AT UNITED STATES NAVAL AIR STATION, OCEANA, VIRGINIA BEACH, VIRGINIA, FOR TEMPORARY ADDITIONAL DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS IN CONNECTION WITH OPERATIONAL CONTROL OF THE DETACHMENT BY COMMANDING OFFICER, UTILITY SQUADRON FOUR. ON MAY 18, 1960, THE PERMANENT DUTY STATION OF UTILITY SQUADRON TWO WAS TRANSFERRED FROM QUONSET POINT, RHODE ISLAND, TO OCEANA VIRGINIA, EFFECTIVE JULY 1, 1960. ON MAY 19, 1960, THE MEMBER FERRIED THE AIRCRAFT BACK TO QUONSET POINT AND REPORTED TO UTILITY SQUADRON DETACHMENT.

HE HAS PRESENTED A VOUCHER FOR PAYMENT OF PER DIEM ON THE BASIS THAT SINCE HE WAS ON TEMPORARY DUTY AT OCEANA ON MAY 18, 1960, WHEN IT WAS DESIGNATED AS THE PERMANENT DUTY STATION OF HIS MOBILE UNIT, HE WAS IN A TEMPORARY DUTY STATUS WHEN HE RETURNED TO QUONSET POINT. THEREFORE, HE CLAIMS PER DIEM FOR THE PERIOD MAY 20 TO JULY 7, 1960, AT THE LATTER PLACE.

IN OUR DECISION OF JANUARY 10, 1961, B-144372 (COPY ENCLOSED), CONCERNING THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION FOR MEMBERS ATTACHED TO A NAVY MOBILE UNIT WHICH WAS PHYSICALLY RELOCATED WE HELD THAT THE PERMANENT CHANGE OF STATION DID NOT OCCUR UNTIL THE UNIT ACTUALLY MOVED. THE HOLDING IN THAT DECISION IS FOR APPLICATION IN THIS CASE. THUS, WHILE A PAPER TRANSFER OF THE MEMBER'S PERMANENT DUTY STATION HAD OCCURRED, OCEANA IN EFFECT WAS HIS TEMPORARY DUTY STATION AND QUONSET POINT REMAINED AS HIS PERMANENT DUTY STATION UNTIL THE PHYSICAL MOVEMENT OF HIS MOBILE UNIT WAS ACCOMPLISHED. COMPARE 38 COMP. GEN. 697. HENCE, LIEUTENANT (JG) SCAHILL'S CHANGE OF STATION INCIDENT TO THE RELOCATION OF HIS UNIT DID NOT BECOME EFFECTIVE UNTIL AFTER HE WAS REQUIRED TO AND DID REPORT AT HIS DUTY STATION AT OCEANA ON JULY 7, 1960.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.