B-151111, JUNE 13, 1963, 42 COMP. GEN. 689

B-151111: Jun 13, 1963

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ELECTED TO REMAIN IN THE VICINITY OF THE OVERSEAS STATION AND WAS CHARGED LEAVE TO TO THE EXTENT AVAILABLE DURING THE PERIOD PRIOR TO PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST IS REGARDED AS COMING UNDER 37 U.S.C. 502 (A). SO THAT THE MEMBER IS ENTITLED TO THE HOUSING AND COST-OF-LIVING ALLOWANCES AND SPECIAL SEA AND FOREIGN DUTY PAY WHICH HE WOULD RECEIVE AT THAT LOCATION EVEN THOUGH NOT IN A DUTY STATUS. 1963: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. SPECIAL PAY FOR SEA AND FOREIGN DUTY IS AUTHORIZED TO ROBERT G. THE MEMBER WAS ORDERED TO PROCEED FROM U.S. UPON COMPLETION OF WHICH HE WAS TO RETURN TO KETCHIKAN. THE MEMBER WAS ADVISED THAT IN ACCORDANCE WITH RECOMMENDATION CONTAINED IN LETTER OF THE PRESIDENT.

B-151111, JUNE 13, 1963, 42 COMP. GEN. 689

MILITARY PERSONNEL - STATUS - AWAITING ORDERS STATUS PENDING RETIREMENT A COAST GUARD ENLISTED MEMBER WHO, AFTER DETACHMENT FROM AN OVERSEAS STATION IN AN AWAITING ORDERS STATUS PENDING DISABILITY RETIREMENT, ELECTED TO REMAIN IN THE VICINITY OF THE OVERSEAS STATION AND WAS CHARGED LEAVE TO TO THE EXTENT AVAILABLE DURING THE PERIOD PRIOR TO PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST IS REGARDED AS COMING UNDER 37 U.S.C. 502 (A), WHICH AUTHORIZES PAY AND ALLOWANCES TO MEMBERS DIRECTED TO BE ABSENT FROM DUTY DURING ACTION ON DISABILITY RETIREMENT FOR PERIODS LONGER THAN THE DAYS OF AUTHORIZED LEAVE, SO THAT THE MEMBER IS ENTITLED TO THE HOUSING AND COST-OF-LIVING ALLOWANCES AND SPECIAL SEA AND FOREIGN DUTY PAY WHICH HE WOULD RECEIVE AT THAT LOCATION EVEN THOUGH NOT IN A DUTY STATUS.

TO F. E. LAMBERT, UNITED STATES COAST GUARD, JUNE 13, 1963:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1963, FP-5, L-20, REQUESTING DECISION AS TO WHETHER PAYMENT OF HOUSING AND COST-OF-LIVING ALLOWANCES, AND SPECIAL PAY FOR SEA AND FOREIGN DUTY IS AUTHORIZED TO ROBERT G. LANGDON, DC1, USCG, FOR THE PERIOD DECEMBER 18, 1962, THROUGH FEBRUARY 15, 1963.

BY TRAVEL ORDER NO. 62363/172001035, DATED OCTOBER 15, 1962, THE MEMBER WAS ORDERED TO PROCEED FROM U.S. COAST GUARD BASE, KETCHIKAN, ALASKA, TO U.S. COAST GUARD BASE, SEATTLE, WASHINGTON, FOR TEMPORARY ADDITIONAL DUTY FOR APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD, UPON COMPLETION OF WHICH HE WAS TO RETURN TO KETCHIKAN, ALASKA. HE REPORTED AT SEATTLE ON OCTOBER 18, 1962, AND DEPARTED FOR HIS STATION ON DECEMBER 15, 1962. ORDER NO. 69005/13200123X, ISSUED ON DECEMBER 13, 1962, BY THE COMMANDER, THIRTEENTH COAST GUARD DISTRICT, EFFECTIVE UPON RECEIPT, THE MEMBER WAS ADVISED THAT IN ACCORDANCE WITH RECOMMENDATION CONTAINED IN LETTER OF THE PRESIDENT, PHYSICAL EVALUATION BOARD, DATED DECEMBER 4, 1962, HE WAS "DETACHED FROM ALL DUTIES PREVIOUSLY ASSIGNED," AND DIRECTED (1) TO REMAIN AT HIS RESIDENCE IN THE VICINITY OF HIS STATION; (2) PROCEED TO HIS HOME OF RECORD; OR (3) THE PLACE FROM WHICH ACCEPTED FOR ENLISTMENT, WHICHEVER HE MIGHT ELECT, TO AWAIT FURTHER ORDERS IN CONNECTION WITH DISABILITY RETIREMENT OR SEPARATION PROCEEDINGS. SUCH TRAVEL AS NECESSARY WAS AUTHORIZED AT PUBLIC EXPENSE. THE ORDER FURTHER ADVISED THE MEMBER TO NOTIFY HIS COMMANDING OFFICER OF ANY CHANGE OF ADDRESS WHILE AWAITING FINAL ACTION IN HIS CASE. THE ORDERS WERE ISSUED PURSUANT TO ARTICLE 17-C -40, COAST GUARD PERSONNEL MANUAL. THE MEMBER WAS INFORMED THAT WHILE HE WAS IN THIS "AWAITING ORDERS" STATUS HE WOULD BE ENTITLED TO ALLOWANCES FOR SUBSISTENCE AND QUARTERS AS AUTHORIZED IN THE COAST GUARD COMPTROLLER MANUAL AND THE COAST GUARD PERSONNEL MANUAL, PERTINENT EXTRACTS OF WHICH WERE ENCLOSED FOR HIS INFORMATION. THE RECORD SHOWS THAT LANGDON RECEIVED THE ORDERS ON DECEMBER 17, 1962, AT KETCHIKAN. HE WAS PAID HOUSING AND COST-OF-LIVING ALLOWANCES AND SPECIAL PAY FOR SEA AND FOREIGN DUTY THROUGH DECEMBER 17, 1962, AFTER WHICH DATE SUCH PAYMENTS WERE TERMINATED. IN A LETTER DATED JANUARY 23, 1963, LANGDON STATES THAT HE REMAINED IN THE VICINITY OF HIS OVERSEAS STATION BECAUSE HE BELIEVED THAT STATION ALLOWANCES WERE AUTHORIZED; THAT HE WAS NOTIFIED OTHERWISE BY THE MESSAGE ON JANUARY 15, 1963, AND SINCE IT THEN WAS MONETARILY IMPOSSIBLE FOR HIM TO MOVE TO A LESS EXPENSIVE AREA HE BELIEVES THE ALLOWANCES SHOULD BE PAID. BY ORDERS DATED FEBRUARY 4, 1963, THE MEMBER WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE FEBRUARY 15, 1963.

UNDER THE PROVISIONS OF 37 U.S.C. 405, THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS, INCLUDING A COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES, TO SUCH A MEMBER "WHO IS ON DUTY" OUTSIDE THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS. SECTION 305 OF TITLE 37, U.S.C. PROVIDES FOR SEA AND FOREIGN DUTY PAY FOR ENLISTED MEMBERS OF THE UNIFORMED SERVICES WHILE "ON SEA DUTY OR ON DUTY IN ANY PLACE OUTSIDE THE UNITED STATES,OR IN ALASKA OR HAWAII.' IN CONFORMITY WITH THOSE STATUTORY PROVISIONS, PARAGRAPH 4301 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT HOUSING AND COST-OF-LIVING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF DEFRAYING THE AVERAGE EXCESS COSTS EXPERIENCED BY THE MEMBERS "ON PERMANENT DUTY" AT PLACES OUTSIDE THE UNITED STATES. PARAGRAPH 2B01045, COAST GUARD COMPTROLLER MANUAL, DEFINES SPECIAL PAY FOR SEA AND FOREIGN DUTY AS A SPECIAL PAY AUTHORIZED FOR ENLISTED MEMBERS WHILE THEY ARE "ON SEA DUTY OR FOREIGN DUTY.' THUS, A DUTY STATUS IS CONTEMPLATED AND REQUIRED FOR PAYMENT OF THE HOUSING AND COST-OF-LIVING ALLOWANCES AND SPECIAL PAY FOR SEA AND FOREIGN DUTY.

ARTICLE 17-C-40, COAST GUARD PERSONNEL MANUAL, PROVIDES THAT AFTER THE PHYSICAL EVALUATION BOARD HAS ARRIVED AT ITS RECOMMENDED FINDINGS A RECOMMENDATION SHALL ALSO BE MADE AS TO THE ASSIGNMENT OF THE EVALUEE PENDING FINAL ACTION ON THE CASE, AND THAT THE BOARD MAY RECOMMEND CONTINUED TREATMENT, LIMITED OR FULL DUTY PENDING DISPOSITION OF THE CASE,"AWAITING ORDERS," OR SICK LEAVE. ALSO, IT PROVIDES THAT IF AN AWAITING ORDERS STATUS IS RECOMMENDED THE EVALUEE SHALL BE ADVISED THAT ANY PERIOD IN THAT STATUS WILL BE USED AGAINST HIS LEAVE ACCOUNT. ARTICLE 17-C-41 (E) PROVIDES THAT WHEN AN AWAITING ORDERS STATUS IS RECOMMENDED, THE EVALUEE SHALL BE ORDERED TO REMAIN AT HIS RESIDENCE IN THE VICINITY OF HIS STATION, OR TO RETURN TO HIS HOME OF RECORD OR THE PLACE FROM WHICH ACCEPTED FOR ENLISTMENT, WHICHEVER HE ELECTS, TO AWAIT FURTHER ORDERS IN CONNECTION WITH DISABILITY RETIREMENT OR SEPARATION PROCEEDINGS. FURTHER PROVIDES THAT EACH EVALUEE SHOULD BE ADVISED THAT WHILE IN AN AWAITING ORDERS STATUS HIS MOVEMENTS ARE UNRESTRICTED AND THAT HE MAY TRAVEL WHENEVER HE CHOOSES, PROVIDED HE REPORTS ANY CHANGE OF ADDRESS. THE MEMBER WAS DETACHED FROM DUTY AT THE COAST GUARD BASE, KETCHIKAN, ALASKA, PLACED IN AN AWAITING ORDERS STATUS IN ACCORDANCE WITH CONTROLLING REGULATIONS, AND GIVEN THE OPPORTUNITY TO ELECT WHETHER HE WOULD REMAIN IN THE VICINITY OF HIS STATION OR TRAVEL TO CERTAIN OTHER POINTS. HE ELECTED TO REMAIN IN THE VICINITY OF HIS OVERSEAS STATION.

IN THE INDICATED CIRCUMSTANCES IT APPEARS THAT THE MEMBER WAS AUTHORIZED TO BE ABSENT FROM DUTY TO AWAIT ORDERS PENDING DISABILITY RETIREMENT PROCEEDINGS WITHIN THE CONTEMPLATION OF 37 U.S.C. 502 (A) WHICH, IN PERTINENT PART PROVIDES THAT A MEMBER DIRECTED TO BE ABSENT FROM DUTY TO AWAIT ORDERS PENDING ACTION ON DISABILITY RETIREMENT PROCEEDINGS FOR A PERIOD LONGER THAN THE NUMBER OF DAYS OF AUTHORIZED LEAVE IS ENTITLED TO THE PAY AND ALLOWANCES TO WHICH HE WOULD BE ENTITLED IF NOT SO ABSENT. SINCE THE MEMBER, UNDER HIS ORDERS, COULD ELECT TO REMAIN AT HIS OVERSEAS STATION, AND PRESUMABLY WAS CHARGED WITH LEAVE TO THE EXTENT AVAILABLE, IT IS CONCLUDED THAT HE IS ENTITLED TO THE HOUSING AND COST-OF-LIVING ALLOWANCES AND SPECIAL SEA AND FOREIGN DUTY PAY WHICH HE WOULD RECEIVE AT THAT LOCATION IF NOT ABSENT FROM DUTY, FOR THE PERIOD DECEMBER 18, 1962, THROUGH FEBRUARY 15, 1963. COMPARE 32 COMP. GEN. 348. THE PAPERS WHICH ACCOMPANIED YOUR LETTER ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED.