B-145355, APR. 28, 1961

B-145355: Apr 28, 1961

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YOU WERE TRANSFERRED FROM THE U.S.S. WHERE YOU WERE TO REPORT TO THE COMMANDANT. UPON COMPLETION OF THE TEMPORARY DUTY AS COMMANDING OFFICER YOU WERE TO REPORT TO THE COMMANDER. THOSE ORDERS WERE AMENDED BY ORDERS DATED JULY 28. THAT YOU WERE ASSIGNED TO DUTY ABOARD THE U.S.S. YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THAT PERIOD WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT YOU DID NOT REPORT TO YOUR PERMANENT STATION UNTIL OCTOBER 24. IN YOUR PRESENT LETTER YOU SAY THAT YOUR DUTY ASSIGNMENTS HAVE BEEN SOLELY IN THE PEARL HARBOR AREA DURING THE 19 MONTHS THAT HAVE ELAPSED SINCE YOU FIRST BECAME ELIGIBLE FOR THE TEMPORARY LODGING ALLOWANCE AND YOU EXPRESS THE BELIEF THAT DECISION B -143587 DATED NOVEMBER 14.

B-145355, APR. 28, 1961

TO LIEUTENANT COMMANDER MORRIS R. GRADY:

THERE HAS BEEN RECEIVED BY FIRST ENDORSEMENT YOUR LETTER OF FEBRUARY 6, 1961, REQUESTING REVIEW OF SETTLEMENT OF OCTOBER 12, 1960, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE PERIOD MAY 31, 1959, THROUGH JULY 21, 1959.

BY ORDERS DATED APRIL 29, 1959, YOU WERE TRANSFERRED FROM THE U.S.S. RASHER (SSR-269) TO PEARL HARBOR, HAWAII, WHERE YOU WERE TO REPORT TO THE COMMANDANT, FOURTEENTH NAVAL DISTRICT,"FOR TEMPORARY DUTY AS PROSPECTIVE COMMANDING OFFICER IN CONNECTION WITH THE REACTIVATION OF THE USS KRAKEN (SS-370) AND FOR DUTY AS COMMANDING OFFICER OF THAT VESSEL WHEN PLACED IN COMMISSION.' UPON COMPLETION OF THE TEMPORARY DUTY AS COMMANDING OFFICER YOU WERE TO REPORT TO THE COMMANDER, SUBMARINE FORCE, U.S. PACIFIC FLEET, FOR TEMPORARY DUTY ON HIS STAFF AND ON BOARD A SUBMARINE OF THAT FORCE AND FOR FURTHER ASSIGNMENT TO DUTY ABOARD A SUBMARINE BASED AT PEARL HARBOR. THOSE ORDERS WERE AMENDED BY ORDERS DATED JULY 28, 1959, TO PROVIDE THAT UPON DETACHMENT FROM TEMPORARY DUTY ABOARD THE U.S.S. KRAKEN (SS-370) YOU WOULD REPORT TO THE COMMANDER, SUBMARINE FORCE, PACIFIC FLEET, FOR DUTY ON HIS STAFF INSTEAD OF FOR TEMPORARY DUTY. ENDORSEMENTS ON YOUR ORDERS SHOW THAT YOU REPORTED TO THE COMMANDANT, FOURTEENTH NAVAL DISTRICT FOR TEMPORARY DUTY ON JUNE 5, 1959; THAT YOU REPORTED TO THE COMMANDER, SUBMARINE FORCE, U.S. PACIFIC FLEET, FOR DUTY ON OCTOBER 24, 1959, AND THAT YOU WERE ASSIGNED TO DUTY ABOARD THE U.S.S. GUDGEON (SS-567) ON THAT DATE.

THE RECORD SHOWS THAT YOU AND YOUR DEPENDENTS (WIFE AND TWO CHILDREN) ARRIVED AT PEARL HARBOR ON MAY 31, 1959, AND OCCUPIED ACCOMMODATIONS AT HALE CROTEN HOTEL, HONOLULU, FROM THAT DATE THROUGH JULY 21, 1959. YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THAT PERIOD WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT YOU DID NOT REPORT TO YOUR PERMANENT STATION UNTIL OCTOBER 24, 1959. IN YOUR PRESENT LETTER YOU SAY THAT YOUR DUTY ASSIGNMENTS HAVE BEEN SOLELY IN THE PEARL HARBOR AREA DURING THE 19 MONTHS THAT HAVE ELAPSED SINCE YOU FIRST BECAME ELIGIBLE FOR THE TEMPORARY LODGING ALLOWANCE AND YOU EXPRESS THE BELIEF THAT DECISION B -143587 DATED NOVEMBER 14, 1960, AFFORDS A BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM.

PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (B), PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS UPON INITIAL ARRIVAL AT A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND PENDING ASSIGNMENT OF GOVERNMENT QUARTERS, OR PENDING COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE. IN THE DECISION OF NOVEMBER 14, 1960, MENTIONED ABOVE, IT WAS HELD, AMONG OTHER THINGS, THAT A MEMBER WHO, WHILE IN RECEIPT OF TRAVEL PER DIEM INCIDENT TO A PERMANENT CHANGE OF STATION TO A VESSEL HAVING A HOME PORT OUTSIDE THE UNITED STATES, HAS HIS DEPENDENTS ARRIVE AT THE HOME PORT PRIOR TO HIS REPORTING TO PERMANENT DUTY IS ENTITLED TO RECEIVE THE TRAVEL PER DIEM UNTIL REPORTING ABOARD THE VESSEL AND THAT WHILE HIS RIGHT TO STATION ALLOWANCES IS NOT AFFECTED BY THE RECEIPT OF PER DIEM FOR TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD THE VESSEL, THE FACT THAT HE IS IN A PER DIEM STATUS REQUIRES THAT THE TEMPORARY LODGING ALLOWANCE UNDER PARAGRAPH 4303-3 OF THE JOINT TRAVEL REGULATIONS BE REDUCED BY THAT PART OF THE ALLOWANCE PAYABLE FOR THE MEMBER.

THAT DECISION, PUBLISHED AT 40 COMP. GEN. 271, CONTEMPLATES SITUATIONS WHERE A MEMBER HAVING ORDERS TO DUTY ABOARD A SPECIFIC VESSEL PERFORMS TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD THE VESSEL FOR DUTY. SUCH WAS NOT THE CASE HERE. YOUR ORDERS DIRECTED YOUR TRANSFER TO PEARL HARBOR FOR TEMPORARY DUTY ABOARD THE U.S.S. KRAKEN (SS-370), UPON COMPLETION OF WHICH YOU WERE TO REPORT TO THE COMMANDER, SUBMARINE FORCE, U.S. PACIFIC FLEET, FOR TEMPORARY DUTY ON THAT STAFF AND ON BOARD A SUBMARINE, AND THENCE FOR FURTHER ASSIGNMENT TO DUTY ABOARD A SUBMARINE BASED AT PEARL HARBOR. WHILE THE ORDERS OF APRIL 29, 1959, DID NOT ASSIGN YOU TO DUTY ABOARD A SPECIFIC VESSEL, SINCE THEY DID PROVIDE, UPON COMPLETION OF THE DIRECTED TEMPORARY DUTY, FOR YOUR ASSIGNMENT TO A VESSEL BASED AT PEARL HARBOR, AND SINCE UNDER YOUR ORDERS AS AMENDED YOU WERE IN FACT ASSIGNED TO DUTY ABOARD A VESSEL HAVING ITS HOME PORT THERE, THE ORDERS WILL BE ACCEPTED AS DIRECTING A PERMANENT CHANGE OF STATION TO SUCH A VESSEL. ACCORDINGLY, SINCE HOTEL AND RESTAURANT FACILITIES WERE USED DURING THE PERIOD CLAIMED, YOU ARE ENTITLED TO THE TEMPORARY LODGING ALLOWANCE FOR SUCH PERIOD. SINCE YOU WERE IN A TEMPORARY DUTY STATUS FOR THE ENTIRE PERIOD CLAIMED, HOWEVER, THE AMOUNT PAYABLE CANNOT INCLUDE AN AMOUNT FOR YOURSELF BUT MUST BE LIMITED TO THE AMOUNT DUE FOR THREE DEPENDENTS ONLY. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.

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