B-150303, JAN. 15, 1963

B-150303: Jan 15, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USAF: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7. YOU WERE RELIEVED FROM DUTY AT THAT STATION AND ASSIGNED DUTY AT MAKUNG. STATED THAT STATION ALLOWANCE OF $6 WAS AUTHORIZED EFFECTIVE THE SAME DATE. YOU WERE PAID A DAILY COST OF LIVING STATION ALLOWANCE AS FOR AN OFFICER (0-3) WITHOUT DEPENDENTS AT $0.45 A DAY. YOU WERE DIRECTED TO PROCEED ON OR ABOUT JULY 1. THE RECORD SHOWS YOU WERE PAID PER DIEM COMMENCING JULY 1. IT APPEARS THAT YOU WERE ON DUTY AT MAKUNG UP TO MIDNIGHT. WAS MERELY A CONTINUATION OF THE DUTY DIRECTED BY THE EARLIER ORDERS WITHOUT ANY INTERVENING RETURN TO TAIWAN OR DEPARTURE FROM MAKUNG. WAS ADMINISTRATIVELY DISAPPROVED FOR THE REASON THAT THE COMMANDING OFFICER OF THE HEADQUARTERS WHICH ISSUED THE ORDERS OF APRIL 28.

B-150303, JAN. 15, 1963

TO CAPTAIN JOSEPH D. SCHNEIDER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1962, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 31, 1962, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD APRIL 29 TO JUNE 30, 1960, WHILE AT MAKUNG, PENGHU ISLAND.

BY PARAGRAPH 6, SPECIAL ORDERS NO. 269, HEADQUARTERS, 6214TH TACTICAL GROUP (PACAF), USAF, APO 140, SAN FRANCISCO, CALIFORNIA, DATED APRIL 28, 1960, YOU WERE RELIEVED FROM DUTY AT THAT STATION AND ASSIGNED DUTY AT MAKUNG, PENGHU ISLAND. THE ORDERS DIRECTED THAT YOU PROCEED ON OR ABOUT APRIL 29, 1960, AND STATED THAT STATION ALLOWANCE OF $6 WAS AUTHORIZED EFFECTIVE THE SAME DATE. YOUR ITINERARY SHOWS THAT YOU DEPARTED THE TAINAN AIR STATION, TAIWAN, APRIL 29, 1960, AND ARRIVED AT MAKUNG THE SAME DAY. IT APPEARS THAT DURING THE PERIOD COVERED BY YOUR CLAIM, APRIL 29 TO JUNE 30, 1960, YOU WERE PAID A DAILY COST OF LIVING STATION ALLOWANCE AS FOR AN OFFICER (0-3) WITHOUT DEPENDENTS AT $0.45 A DAY. BY PARAGRAPH 10, SPECIAL ORDERS NO. 454, ISSUED JULY 26, 1960, BY THE SAME HEADQUARTERS, YOU WERE DIRECTED TO PROCEED ON OR ABOUT JULY 1, 1960, FROM TAINAN, TAIWAN, TO MCKUNG, PONG HU (SIC), ON TEMPORARY DUTY FOR APPROXIMATELY 90 DAYS AND UPON COMPLETION TO RETURN TO THAT STATION. THE RECORD SHOWS YOU WERE PAID PER DIEM COMMENCING JULY 1, 1960. IT APPEARS THAT YOU WERE ON DUTY AT MAKUNG UP TO MIDNIGHT, JUNE 30, 1960, AND, INSOFAR AS THE RECORD BEFORE US SHOWS, THE DUTY DIRECTED BY THE ORDERS OF JULY 26, 1960, WAS MERELY A CONTINUATION OF THE DUTY DIRECTED BY THE EARLIER ORDERS WITHOUT ANY INTERVENING RETURN TO TAIWAN OR DEPARTURE FROM MAKUNG.

YOUR CLAIM FOR PER DIEM AT $6 A DAY FOR THE PERIOD APRIL 29 TO JUNE 30, 1960, WAS ADMINISTRATIVELY DISAPPROVED FOR THE REASON THAT THE COMMANDING OFFICER OF THE HEADQUARTERS WHICH ISSUED THE ORDERS OF APRIL 28, 1960, REPORTED THAT THE ORDERS PLACED YOU IN A PERMANENT DUTY STATUS AT THE STATION INVOLVED AND YOU WERE PROPERLY AUTHORIZED AND PAID A STATION ALLOWANCE DURING THAT PERIOD. YOUR CLAIM WAS SUBSEQUENTLY SUBMITTED TO OUR OFFICE FOR CONSIDERATION AND BY SETTLEMENT DATED OCTOBER 31, 1962, IT WAS DISALLOWED FOR THE REASON THAT MAKUNG WAS YOUR DESIGNATED POST OF DUTY AND YOU WERE NOT TRAVELING AWAY FROM YOUR DESIGNATED POST OF DUTY SO AS TO BE IN A TRAVEL STATUS TO ENTITLE YOU TO PER DIEM FOR THE PERIOD OF YOUR CLAIM.

YOU CONTEND THAT THE ORDERS OF APRIL 28, 1960, WERE INTENDED TO BE TEMPORARY DUTY ORDERS SINCE THEY AUTHORIZED A STATION ALLOWANCE OF $6 PER DAY. ALSO, YOU SAY YOU HAD JUST REPORTED TO THE 6214TH TACTICAL GROUP A WEEK PRIOR TO THE ORDERS AND, CONTRARY TO THE STATEMENT IN THE ORDERS THAT YOU WERE RELIEVED FROM DUTY, YOU HAD NOT BEEN RELIEVED FROM DUTY WITH THAT GROUP. YOU EXPRESS THE VIEW THAT THE ISSUANCE OF THE ORDERS OF JULY 26, 1960, BY THE SAME HEADQUARTERS THAT ISSUED THE ORDERS OF APRIL 28, 1960, PLACING YOU ON TEMPORARY DUTY AT THE SAME STATION COMMENCING JULY 1, 1960, SUBSTANTIATES YOUR CONTENTION THAT THE ORDERS OF APRIL 28, 1960, WERE NOT INTENDED TO BE PERMANENT CHANGE OF STATION ORDERS.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, AUTHORIZES PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER IS IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION. PARAGRAPH 1150-10 DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 3003-2 DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR RETURN TO THE OLD PERMANENT STATION.

WHETHER A PARTICULAR DUTY ASSIGNMENT IS TEMPORARY OR PERMANENT IS A QUESTION OF FACT FOR DETERMINATION UPON A CONSIDERATION OF SUCH FACTORS AS THE NATURE OF THE DUTY ASSIGNED, ITS DURATION, AND WHETHER THERE EXISTS OR HAS BEEN ASSIGNED ANOTHER STATION TO WHICH THE MEMBER MUST PROCEED UPON ITS COMPLETION TO RESUME THE NORMAL FUNCTION OF HIS OFFICE. THE CITED REGULATIONS REQUIRE THAT SUCH INFORMATION SHALL BE CONTAINED IN THE ORDERS DIRECTING THE TEMPORARY ASSIGNMENT IN QUESTION.

THE ORDERS OF APRIL 28, 1960, DO NOT PROVIDE THAT THE ASSIGNMENT AT MAKUNG, PENGHU ISLAND, WAS A TEMPORARY DUTY ASSIGNMENT NOR DO THEY PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR RETURN TO THE OLD PERMANENT STATION. FURTHERMORE, THE COMMANDING OFFICER OF THE HEADQUARTERS WHICH ISSUED THE ORDERS REPORTED THAT TEMPORARY DUTY WAS NOT CONCERNED IN THIS INSTANCE BUT THAT YOU WERE PLACED ON PERMANENT DUTY STATUS AT THE OPERATING LOCATION INVOLVED AND WERE PROPERLY AUTHORIZED AND PAID A STATION ALLOWANCE (COST OF LIVING ALLOWANCE OF $0.45 PER DAY). STATION ALLOWANCES ARE NOT AUTHORIZED FOR TEMPORARY DUTY BUT ARE AUTHORIZED UNDER THE CIRCUMSTANCES PRESCRIBED IN THE JOINT TRAVEL REGULATIONS INCIDENT TO A MEMBER'S PERMANENT DUTY ASSIGNMENT OUTSIDE THE UNITED STATES. THE ORDERS OF JULY 26, 1960, PROVIDED FOR YOU TO PERFORM TEMPORARY DUTY AT THE STATION INDICATED AND UPON COMPLETION OF SUCH DUTY TO RETURN TO YOUR STATION. EXCEPT FOR THE FACT THAT THESE ORDERS PURPORT TO BE RETROACTIVELY EFFECTIVE TO JULY 1, 1960, THEY SEEM ON THEIR FACE TO COMPLY WITH THE REQUIREMENTS FOR A TEMPORARY DUTY ASSIGNMENT CONTAINED IN THE CITED REGULATIONS. HOWEVER, A MEMBER IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHEN IN A TRAVEL STATUS AWAY FROM HIS PERMANENT STATION. IN CONSONANCE WITH THIS BASIC CONCEPT, PARAGRAPH 4250- 6 OF THE REGULATIONS SPECIFICALLY PROVIDES THAT PER DIEM IS NOT AUTHORIZED FOR TEMPORARY DUTY AT A PERMANENT DUTY STATION. AS INDICATED ABOVE, THE ORDERS OF APRIL 28, 1960, DO NOT PROVIDE FOR THE PERFORMANCE OF TEMPORARY DUTY AT MAKUNG OR FOR A FURTHER ASSIGNMENT OR RETURN TO TAIWAN. THUS THE RECORD DOES NOT CLEARLY SUPPORT A CONCLUSION THAT A PERMANENT ASSIGNMENT WAS NOT CONTEMPLATED AS REPORTED BY THE COMMANDING OFFICER WHO ISSUED THE ORDERS. IN SUCH CIRCUMSTANCES WE MAY NOT PROPERLY ALLOW PER DIEM FOR THE PERIOD CLAIMED. ALSO, ON THE BASIS THAT THE ORDERS OF JULY 26, 1960, APPARENTLY PROVIDED FOR A TEMPORARY DUTY ASSIGNMENT AT YOUR PERMANENT STATION, IT APPEARS DOUBTFUL THAT PAYMENT OF PER DIEM FOR THE SUBSEQUENT PERIOD WAS PROPER. IT IS NOTED, HOWEVER, THAT WHILE THE ORDERS OF APRIL 28, 1960, DID NOT DIRECT THE PERFORMANCE OF TEMPORARY DUTY, THEY PRESCRIBED A STATION ALLOWANCE AT THE PER DIEM RATE AND DID NOT SPECIFICALLY STATE THAT THE ASSIGNMENT TO MAKUNG CONSTITUTED A PERMANENT CHANGE OF STATION. THEREFORE, IT IS CONCLUDED THAT THE PAYMENTS MADE FOR THE SUBSEQUENT PERIOD NEED NOT BE QUESTIONED. HOWEVER, FOR THE PERIOD OF YOUR CLAIM THE RECORD BEFORE US MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOU WERE ASSIGNED TO TEMPORARY DUTY AT MAKUNG BY THE ORDERS OF APRIL 28, 1960. ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF OCTOBER 31, 1962, WAS CORRECT AND IS SUSTAINED.