B-146173, AUG. 3, 1961

B-146173: Aug 3, 1961

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USNR: REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. WHILE YOU WERE AT ARGENTIA. WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 23. THE PERMANENT DUTY STATION OF AIRBORNE EARLY WARNING SQUADRON ELEVEN (VW-11) WAS CHANGED. YOU WERE PAID PER DIEM FROM APRIL 23 TO JULY 31. FOR THE REASON THAT PER DIEM IS NOT PAYABLE FOR DUTY PERFORMED AT A MEMBER'S PERMANENT DUTY STATION. YOU SAY THAT THE ORDERS DIRECTING THE TEMPORARY DUTY HERE INVOLVED WERE ISSUED BY COMPETENT AUTHORITY. THAT AT THE TIME THE ORDERS WERE ISSUED IT WAS COMMON KNOWLEDGE THAT THE HOME PORT OF THE SQUADRON WOULD BE CHANGED ON AUGUST 1. ON SUCH BASIS YOU REQUEST THAT YOUR CASE BE RECONSIDERED AND IN THE EVENT THERE IS NO CHANGE IN THE INITIAL DECISION THAT YOU BE ADVISED OF APPEAL PROCEDURES IN ORDER THAT THE MATTER MAY BE PURSUED FURTHER.

B-146173, AUG. 3, 1961

TO LIEUTENANT STANLEY F. BLASCHKE, USNR:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1961, AND ENCLOSURES, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $558,REPRESENTING PER DIEM ERRONEOUSLY PAID TO YOU FOR THE PERIOD APRIL 30 TO JULY 31, 1958, WHILE YOU WERE AT ARGENTIA, NEWFOUNDLAND.

BY ORDERS DATED APRIL 23, 1958, YOU, AS A MEMBER OF AIRBORNE EARLY WARNING SQUADRON ELEVEN (VW-11), WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 23, 1958, FROM NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, TO NAVAL AIR STATION, ARGENTIA, NEWFOUNDLAND, FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF APPROXIMATELY THREE MONTHS AND UPON COMPLETION THEREOF TO RETURN TO YOUR DUTY STATION. BY CHIEF OF NAVAL OPERATIONS DISPATCH DATED APRIL 29, 1958, THE PERMANENT DUTY STATION OF AIRBORNE EARLY WARNING SQUADRON ELEVEN (VW-11) WAS CHANGED, EFFECTIVE AUGUST 1, 1958, FROM NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, TO NAVAL AIR STATION, ARGENTIA. YOU ARRIVED AT ARGENTIA ON APRIL 23, 1958. YOU WERE PAID PER DIEM FROM APRIL 23 TO JULY 31, 1958. OUR DEFENSE ACCOUNTING AND AUDITING DIVISION TOOK AN EXCEPTION TO THE PAYMENT OF PER DIEM FROM APRIL 30 TO JULY 31, 1958, IN THE AMOUNT OF $558, FOR THE REASON THAT PER DIEM IS NOT PAYABLE FOR DUTY PERFORMED AT A MEMBER'S PERMANENT DUTY STATION.

IN YOUR LETTER OF APRIL 11, 1961, YOU SAY THAT THE ORDERS DIRECTING THE TEMPORARY DUTY HERE INVOLVED WERE ISSUED BY COMPETENT AUTHORITY; THAT YOU COMPLETED THE DUTY AS DIRECTED ON JULY 31, 1958; AND THAT AT THE TIME THE ORDERS WERE ISSUED IT WAS COMMON KNOWLEDGE THAT THE HOME PORT OF THE SQUADRON WOULD BE CHANGED ON AUGUST 1, 1958. ON SUCH BASIS YOU REQUEST THAT YOUR CASE BE RECONSIDERED AND IN THE EVENT THERE IS NO CHANGE IN THE INITIAL DECISION THAT YOU BE ADVISED OF APPEAL PROCEDURES IN ORDER THAT THE MATTER MAY BE PURSUED FURTHER.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. PARAGRAPH 4209 OF THE JOINT TRAVEL REGULATIONS (CHANGE 65, JANUARY 1, 1958), PROVIDES THAT A MEMBER WHO RECEIVES PERMANENT CHANGE OF STATION ORDERS AT A TEMPORARY DUTY STATION WHICH DESIGNATE HIS TEMPORARY DUTY STATION AS HIS NEW PERMANENT STATION EFFECTIVE (1) IMMEDIATELY, (2) DURING THE CONTINUATION OF THE TEMPORARY DUTY PERIOD, OR (3) UPON COMPLETION OF TEMPORARY DUTY, WILL NOT BE ENTITLED TO PER DIEM AT THAT STATION "BEGINNING ON THE DATE OF RECEIPT OF SUCH PERMANENT CHANGE OF STATION ORDERS," NOR TO ALLOWANCES FOR TRAVEL TO THE OLD PERMANENT STATION UNLESS THE PERMANENT CHANGE OF STATION ORDERS SPECIFICALLY DIRECT HIS RETURN THERETO ON OFFICIAL BUSINESS. IDENTICAL PROVISIONS WERE PUBLISHED IN PARAGRAPH 4258 (CHAPTER 4, PART F) OF THE REGULATIONS BY CHANGE 76, JANUARY 1, 1959.

AS POINTED OUT IN OUR DECISION OF APRIL 15, 1959, B-138885, 38 COMP. GEN. 697, TO THE SECRETARY OF THE NAVY, IT CONSISTENTLY HAS BEEN HELD THAT WHEN A MEMBER IS DIRECTED TO REPORT FOR PERMANENT DUTY AT A STATION TO WHICH HE WAS ORDERED BECOMES HIS DESIGNATED PLACE OF DUTY AND, IN EFFECT, HIS PERMANENT STATION, AND THAT NO RIGHT TO PER DIEM ACCRUES DURING THE PERIOD HE PERFORMS ,TEMPORARY DUTY" BECAUSE HE IS NOT TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE MEANING OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT. 34 COMP. GEN. 427.

ON THE BASIS OF AND FOR THE REASONS POINTED OUT IN 38 COMP. GEN. 697, COPY ENCLOSED, IT MUST BE CONCLUDED THAT YOU WERE NOT ENTITLED TO THE PER DIEM PAYMENTS MADE TO YOU IN THE SUM OF $558 FOR THE PERIOD APRIL 30 TO JULY 31, 1958. SUCH AMOUNT SHOULD BE REFUNDED.

CONCERNING YOUR REQUEST FOR INFORMATION AS TO APPEAL PROCEDURES, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE IN CASES SUCH AS YOURS IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS AND AGENCIES INVOLVED IN THE MATTER. 28 COMP. GEN. 69 AND 31 COMP. GEN. 596.