B-148925, JUL. 6, 1962

B-148925: Jul 6, 1962

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 30. YOU WERE DIRECTED. TO THESE ORDERS SHOWS THAT YOU WERE DETACHED THAT DATE FROM YOUR STATION IN MADRID. FOR TRANSPORTATION TO THE CONTINENTAL UNITED STATES BUT THAT TRANSPORTATION SPACE WAS NOT AVAILABLE UNTIL JULY 19. GOVERNMENT QUARTERS AND MESS FACILITIES WERE NOT AVAILABLE TO YOU AT TORREJON AIR BASE. FOR THE REASON THAT SINCE YOUR LAST PERMANENT DUTY STATION WAS MADRID. BECAUSE YOU WERE REQUIRED TO DISESTABLISH YOUR HOUSEHOLD AND TO SEEK TEMPORARY LODGING. THAT ALL CONDITIONS NECESSARY TO PLACE YOU IN A TRAVEL STATUS WERE MET DURING THE PERIOD YOU WERE AWAITING TRANSPORTATION TO THE CONTINENTAL UNITED STATES. SINCE THE TORREJON AIR BASE TO WHICH YOU REPORTED ON JUNE 30 IS LOCATED BEYOND THE CORPORATE LIMITS OF MADRID.

B-148925, JUL. 6, 1962

TO LIEUTENANT SHANE A. CUNNINGHAM, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1962, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF SETTLEMENT DATED OCTOBER 18, 1961, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JUNE 30 TO JULY 18, 1961.

BY ORDERS DATED APRIL 14, 1961, YOU WERE DIRECTED, WHEN DETACHED ON OR ABOUT JULY 1 FROM THE U.S. NAVAL ACTIVITIES, MADRID, SPAIN, TO PROCEED TO THE CONTINENTAL UNITED STATES, THEN TO FORT GEORGE G. MEADE, MARYLAND, AND REPORT FOR DUTY. SECOND ENDORSEMENT DATED JUNE 30, 1961, TO THESE ORDERS SHOWS THAT YOU WERE DETACHED THAT DATE FROM YOUR STATION IN MADRID, AND THIRD ENDORSEMENT DATED JULY 19, 1961, SHOWS THAT YOU REPORTED JUNE 30 TO TORREJON AIR BASE, MADRID, SPAIN, FOR TRANSPORTATION TO THE CONTINENTAL UNITED STATES BUT THAT TRANSPORTATION SPACE WAS NOT AVAILABLE UNTIL JULY 19, 1961. GOVERNMENT QUARTERS AND MESS FACILITIES WERE NOT AVAILABLE TO YOU AT TORREJON AIR BASE. OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM IN THE SETTLEMENT OF OCTOBER 18, 1961, FOR THE REASON THAT SINCE YOUR LAST PERMANENT DUTY STATION WAS MADRID, SPAIN, YOU DID NOT ENTER INTO A TRAVEL STATUS UNTIL YOU DEPARTED FROM THERE ON JULY 19, 1961. YOU CONTEND THAT YOU BORE EXPENSES BEYOND THOSE WHICH CAN BE CONSIDERED NORMAL, OR REASONABLE, BECAUSE YOU WERE REQUIRED TO DISESTABLISH YOUR HOUSEHOLD AND TO SEEK TEMPORARY LODGING, APPARENTLY DUE TO THE TRANSFER OF THE ACTIVITY TO WHICH YOU HAD BEEN ATTACHED FROM MADRID, AND THAT ALL CONDITIONS NECESSARY TO PLACE YOU IN A TRAVEL STATUS WERE MET DURING THE PERIOD YOU WERE AWAITING TRANSPORTATION TO THE CONTINENTAL UNITED STATES, SINCE THE TORREJON AIR BASE TO WHICH YOU REPORTED ON JUNE 30 IS LOCATED BEYOND THE CORPORATE LIMITS OF MADRID.

THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO THE STATUTORY AUTHORITY CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A), AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS. UNDER THE PROVISIONS OF PARAGRAPH 3050-1 OF SUCH REGULATIONS THE TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUE ONLY WHILE THE MEMBER IS IN A "TRAVEL STATUS" AND HE SHALL BE DEEMED TO BE IN SUCH A STATUS WHILE PERFORMING TRAVEL AWAY FROM HIS PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. IN CONSONANCE WITH THIS BASIC REQUIREMENT THAT A TRAVEL STATUS IS NECESSARY TO ENTITLEMENT TO TRAVEL ALLOWANCES, PARAGRAPH 4250-6 OF THE REGULATIONS SPECIFICALLY PROVIDES THAT PER DIEM IS NOT AUTHORIZED FOR ANY PERIOD PRIOR TO THE DAY OF DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION OR FOR TEMPORARY DUTY WITHIN THE LIMITS OF THE PERMANENT DUTY STATION.

WHILE YOU REPORTED ON JUNE 30 TO TORREJON AIR BASE FOR TRANSPORTATION, YOU WERE NOT REQUIRED TO LEAVE MADRID UNTIL NECESSARY ON JULY 19 TO REPORT FOR THE FIRST AVAILABLE TRANSPORTATION SPACE TO THE UNITED STATES AND YOU REMAINED IN MADRID UNTIL THAT DATE. UNDER THE GOVERNING REGULATIONS YOU DID NOT ENTER A TRAVEL STATUS FOR PER DIEM PURPOSES UNTIL YOU NECESSARILY DEPARTED YOUR OLD DUTY STATION TO COMPLY WITH YOUR ORDERS. ACCORDINGLY, SINCE YOUR OLD DUTY STATION WAS AT MADRID NO AUTHORITY EXISTS TRAVEL STATUS PRIOR TO YOUR NECESSARY DEPARTURE FROM THAT CITY ON JULY 19, 1961.

WITH REGARD TO YOUR STATEMENT THAT MORE THAN NORMAL EXPENSES WERE INCURRED BECAUSE OF THE UNUSUAL CIRCUMSTANCES INVOLVED IN YOUR CASE, PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS PROVIDES AUTHORITY FOR THE PAYMENT OF A TEMPORARY LODGING ALLOWANCE PROVIDED TO COMPENSATE FOR THE INCREASED EXPENSES INCURRED WHERE A MEMBER IS REQUIRED TO SECURE HOTEL ACCOMMODATIONS DURING THE LAST TEN DAYS BEFORE DEPARTURE FROM AN OVERSEAS DUTY STATION ON PERMANENT CHANGE OF STATION ORDERS BECAUSE GOVERNMENT QUARTERS ARE NOT FURNISHED. IF GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU IN MADRID DURING THE LAST TEN DAYS BEFORE YOUR DEPARTURE ON JULY 19, IT IS ASSUMED THAT YOU RECEIVED THAT ALLOWANCE.

ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM MUST BE SUSTAINED. ENCLOSURES 1, 4 AND 5 TO YOUR LETTER ARE RETURNED HEREWITH IN ACCORDANCE WITH YOUR REQUEST.