B-146670, OCT. 11, 1961

B-146670: Oct 11, 1961

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USNR: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2. WHICH CLAIM WAS DISALLOWED BY OUR OFFICE ON JULY 6. YOU WERE ORDERED UPON COMPLETION OF A COURSE OF INSTRUCTION AND WHEN DIRECTED BY YOUR COMMANDING OFFICER TO REPORT TO THE COMMANDER. IT IS SHOWN BY THIRD ENDORSEMENT DATED JULY 20. YOU WERE DETACHED FROM TEMPORARY DUTY EFFECTIVE DECEMBER 1. YOU WERE PAID PER DIEM FOR THE PERIODS YOU WERE ON TEMPORARY ADDITIONAL DUTY JULY 27 TO 31. WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 4201-8. YOU WERE ATTACHED TO THE U.S.S. YOU STATE THAT QUARTERS WERE NOT AVAILABLE TO YOU ABOARD THE U.S.S. PIEDMONT (AD-17) AND YOU WERE REQUIRED TO LIVE ASHORE IN BACHELOR OFFICERS' QUARTERS. IS MORE APPLICABLE IN YOUR CASE.

B-146670, OCT. 11, 1961

TO LIEUTENANT (JG) LAWRENCE J. METTLES (SC), USNR:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2, 1961, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PER DIEM WHILE IN A TEMPORARY DUTY STATUS JULY 20 TO DECEMBER 1, 1959, PURSUANT TO BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 1, 1959, WHICH CLAIM WAS DISALLOWED BY OUR OFFICE ON JULY 6, 1961.

THE RECORD SHOWS THAT BY BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 1, 1959, YOU WERE ORDERED UPON COMPLETION OF A COURSE OF INSTRUCTION AND WHEN DIRECTED BY YOUR COMMANDING OFFICER TO REPORT TO THE COMMANDER,CRUISER- DESTROYER FORCE, PACIFIC FLEET, FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT TO DUTY BY THE CHIEF OF NAVAL PERSONNEL. IT IS SHOWN BY THIRD ENDORSEMENT DATED JULY 20, 1959, THAT YOU REPORTED THAT DAY AS DIRECTED ABOARD THE U.S.S. PIEDMONT (AD-17) AT SAN DIEGO, CALIFORNIA. PURSUANT TO FIRST ENDORSEMENT TO ORDERS OF NOVEMBER 3, 1959, YOU WERE DETACHED FROM TEMPORARY DUTY EFFECTIVE DECEMBER 1, 1959, AND REPORTED AT YOUR NEW DUTY STATION DECEMBER 6, 1959. YOU WERE PAID PER DIEM FOR THE PERIODS YOU WERE ON TEMPORARY ADDITIONAL DUTY JULY 27 TO 31, 1959, UNDER ORDERS OF JULY 24, 1959, AND AUGUST 17 TO 21, 1959, UNDER ORDERS OF AUGUST 17, 1959.

YOUR CLAIM FOR PER DIEM FOR THE PERIOD JULY 20 THROUGH DECEMBER 1, 1959, LESS PER DIEM PAID AS INDICATED ABOVE, WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 4201-8, JOINT TRAVEL REGULATIONS, PROHIBITS THE PAYMENT OF PER DIEM FOR ANY PERIOD OF TEMPORARY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL AND, EXCEPT DURING THE PERIODS OF ADDITIONAL TEMPORARY DUTY, YOU WERE ATTACHED TO THE U.S.S. PIEDMONT (AD-17). IN YOUR LETTER OF AUGUST 2, 1961, YOU STATE THAT QUARTERS WERE NOT AVAILABLE TO YOU ABOARD THE U.S.S. PIEDMONT (AD-17) AND YOU WERE REQUIRED TO LIVE ASHORE IN BACHELOR OFFICERS' QUARTERS, AT THE NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, AND YOU HAD TO COMMUTE BACK AND FORTH FROM THE VESSEL TO YOUR SHORE QUARTERS. FOR THAT REASON, YOU BELIEVE YOUR ASSIGNMENT SHOULD BE CONSIDERED AS AN EXCEPTION TO THE RULE STATED IN PARAGRAPH 4201-8 OF THE REGULATIONS AND THAT PARAGRAPH 4205, TABLE OF PER DIEM RATES WITHIN THE UNITED STATES, SITUATION E (4), IS MORE APPLICABLE IN YOUR CASE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), 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 UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4200 PROVIDES, GENERALLY, THAT MEMBERS ARE ENTITLED TO PER DIEM ALLOWANCES FOR ALL PERIODS OF TEMPORARY DUTY AND TRAVEL IN CONNECTION THEREWITH, WITHIN THE UNITED STATES. AS AN EXCEPTION TO THE GENERAL ENTITLEMENT OF MEMBERS TO PER DIEM FOR PERIODS OF TRAVEL AND TEMPORARY DUTY, PARAGRAPH 4201-8 PROHIBITS PAYMENT OF THE ALLOWANCES "FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL.' THE PURPOSE OF THAT EXCEPTION IS TO DENY PER DIEM WHERE 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. 38 COMP. GEN. 626. THE REGULATIONS, HOWEVER, CONTAIN NO PROVISION WHICH WOULD PERMIT THE PAYMENT OF THE PER DIEM ALLOWANCE ON THE BASIS THAT CONDITIONS OR CIRCUMSTANCES ABOARD SHIP MADE QUARTERS UNAVAILABLE. THE PROVISIONS OF PARAGRAPH 4205, TABLE OF PER DIEM RATES WITHIN THE UNITED STATES, SITUATION E (4), ARE NOT FOR APPLICATION IN YOUR CASE AS THEY APPLY ONLY TO MEMBERS WHO ARE OTHERWISE ENTITLED TO PER DIEM WHILE PERFORMING TEMPORARY DUTY OTHER THAN ABOARD A GOVERNMENT VESSEL.

ACCORDINGLY, THE DISALLOWANCE OF JULY 6, 1961, WAS PROPER AND IS SUSTAINED.

ORIGINAL ORDERS DATED JUNE 1, 1959, JULY 24, 1959, AUGUST 7, 1959, AUGUST 17, 1959, AND NOVEMBER 3, 1959, WITH ENDORSEMENTS, ARE RETURNED HEREWITH.