B-153633, JUNE 30, 1964, 43 COMP. GEN. 833

B-153633: Jun 30, 1964

Additional Materials:

Contact:

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

 

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

WHICH SPECIFY THAT A MEMBER OF THE UNIFORMED SERVICES IS NOT TO REPORT TO THE NEW STATION PRIOR TO A PARTICULAR DATE. ARE DIRECTED TO BE MODIFIED BECAUSE THE MEMBER FOR PERSONAL REASONS HAS ARRIVED AT THE TEMPORARY DUTY STATION IN ADVANCE OF THE REPORTING DATE BUT THE MEMBER DOES NOT RECEIVE NOTICE OF THE CHANGE UNTIL SOMETIME AFTER THE RESPONSIBLE OFFICER AT THE STATION RECEIVED THE MODIFICATION DIRECTIVE. SERGEANT WYNN WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION TO MARINE CORPS. THE MEMBER WAS AUTHORIZED 30 DAYS' DELAY CHARGEABLE AS LEAVE AND 15 DAYS' PROCEED AND TRAVEL TIME FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE AND HE WAS DIRECTED TO REPORT AT HIS TEMPORARY DUTY STATION BY 2400.

B-153633, JUNE 30, 1964, 43 COMP. GEN. 833

ORDERS - AMENDMENT - EFFECTIVE DATE - NOTICE WHEN TEMPORARY DUTY ORDERS, WHICH SPECIFY THAT A MEMBER OF THE UNIFORMED SERVICES IS NOT TO REPORT TO THE NEW STATION PRIOR TO A PARTICULAR DATE, ARE DIRECTED TO BE MODIFIED BECAUSE THE MEMBER FOR PERSONAL REASONS HAS ARRIVED AT THE TEMPORARY DUTY STATION IN ADVANCE OF THE REPORTING DATE BUT THE MEMBER DOES NOT RECEIVE NOTICE OF THE CHANGE UNTIL SOMETIME AFTER THE RESPONSIBLE OFFICER AT THE STATION RECEIVED THE MODIFICATION DIRECTIVE, THE ORDERS MAY NOT BE REGARDED AS EFFECTIVELY AMENDED UNTIL THE MEMBER RECEIVES NOTICE OF THE AMENDMENT CHANGING THE EARLY REPORTING RESTRICTION IN THE ORIGINAL ORDERS AND, THEREFORE, THE MEMBER MAY ONLY BE PAID PER DIEM FOR TEMPORARY DUTY FROM THE DATE OF NOTICE OF THE AMENDED ORDERS.

TO LIEUTENANT COLONEL S. F. LEADER, UNITED STATES MARINE CORPS, JUNE 30, 1964:

BY SECOND INDORSEMENT DATED MAY 13, 1964, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF FEBRUARY 26, 1964, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYING PER DIEM TO ROBERT J. WYNN, STAFF SERGEANT, U.S. MARINE CORPS, FOR THE PERIOD FROM OCTOBER 22 TO NOVEMBER 1, 1963, UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 64-14.

BY PARAGRAPH 1, SPECIAL ORDER NO. 371-63, HEADQUARTERS, MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, DATED AUGUST 30, 1963, SERGEANT WYNN WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION TO MARINE CORPS, BASE, CAMP PENDLETON, CALIFORNIA, FOR TEMPORARY DUTY IN CONNECTION WITH PROCESSING AND FOR FURTHER TRANSFER WITH THE DECEMBER 1963 REPLACEMENT BATTALION, FOR DUTY AS A REPLACEMENT WITH THE FIRST MARINE AIRCRAFT WING, AIRCRAFT FLEET MARINE FORCE PACIFIC. THE MEMBER WAS AUTHORIZED 30 DAYS' DELAY CHARGEABLE AS LEAVE AND 15 DAYS' PROCEED AND TRAVEL TIME FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE AND HE WAS DIRECTED TO REPORT AT HIS TEMPORARY DUTY STATION BY 2400, NOVEMBER 18, 1963, BUT NOT PRIOR TO NOVEMBER 16, 1963. MEMORANDUM INDORSEMENT DATED OCTOBER 10, 1963, STATES THAT THE MEMBER REPORTED AT CAMP PENDLETON ON OCTOBER 10, 1963. SINCE SERGEANT WYNN REPORTED EARLIER THAN DIRECTED IN HIS ORDERS, IT APPEARS THAT THE TEMPORARY DUTY STATION REQUESTED ADVICE FROM MARINE CORPS HEADQUARTERS. BY MESSAGE OF OCTOBER 22, 1963, THE COMMANDANT OF THE MARINE CORPS DIRECTED THAT HE BE ASSIGNED TO THE NOVEMBER REPLACEMENT DRAFT AND THAT OTHER PROVISIONS OF HIS ORDERS REMAINED IN EFFECT. PURSUANT THERETO INDORSEMENTS DATED OCTOBER 28, 1963, WERE ISSUED TO THE MEMBER'S ORDERS PROVIDING THAT IN ACCORDANCE WITH THE MESSAGE FROM THE COMMANDANT OF THE MARINE CORPS, DATED OCTOBER 22, 1963, HIS BASIC ORDERS WERE THEREBY MODIFIED TO ASSIGN HIM TO THE NOVEMBER 1963 REPLACEMENT DRAFT IN LIEU OF THE DECEMBER 1963 REPLACEMENT DRAFT FOR TEMPORARY DUTY AND PROCESSING FOR TRANSFER TO THE FIRST MARINE AIR WING, AND THAT ON NOVEMBER 2, 1963, HE WOULD EMBARK AT SAN DIEGO, CALIFORNIA, AND DEPART FOR DUTY WITH THE NOVEMBER 1963 REPLACEMENT DRAFT. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AND UTILIZED BY THE MEMBER AT CAMP PENDLETON. THE RECORD SHOWS FURTHER THAT HE REPORTED AT HIS PERMANENT DUTY STATION ON NOVEMBER 20, 1963.

IN A LETTER DATED JANUARY 13, 1964, YOU REQUESTED INSTRUCTIONS FROM THE COMMANDANT OF THE MARINE CORPS STATING THAT IN VIEW OF THE PROVISIONS OF PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS DOUBT ARISES AS TO WHETHER PER DIEM SHOULD BE PAID FOR THE ENTIRE PERIOD THE MEMBER WAS AT CAMP PENDLETON, SINCE HE WAS PERFORMING DUTIES OF AN OFFICIAL NATURE EVEN THOUGH HE REPORTED PRIOR TO THE DATE SPECIFIED IN HIS ORDERS, OR WHETHER PER DIEM SHOULD COMMENCE OCTOBER 22, THE DATE THE MODIFICATION OF HIS ORDERS WAS DIRECTED, OR SHOULD NO PER DIEM BE PAID FOR THE ENTIRE PERIOD OF HIS STAY AT CAMP PENDLETON, SINCE THE EARLY REPORTING WAS FOR PERSONAL REASONS. IN HIS REPLY DATED JANUARY 27, 1964, THE COMMANDANT EXPRESSED THE OPINION THAT SERGEANT WYNN WAS NOT ENTITLED TO PER DIEM FOR THE PERIOD OCTOBER 11 THROUGH NOVEMBER 1, 1963, WHILE HE WAS AT CAMP PENDLETON, SINCE HIS ORDERS DIRECTED THAT HE REPORT NOT PRIOR TO NOVEMBER 16, 1963.

IN YOUR REQUEST FOR ADVANCE DECISION DATED FEBRUARY 26, 1964, YOU EXPRESS THE BELIEF THAT THE MEMBER WAS ENTITLED TO PER DIEM FOR THE PERIOD OCTOBER 22 TO NOVEMBER 1, 1963, FOR THE REASON THAT THE MESSAGE FROM THE COMMANDANT OF THE MARINE CORPS DATED OCTOBER 22, 1963, VOIDED THE DATE FIXED AS THE EARLIEST REPORTING DATE IN THE ORIGINAL ORDERS AND THE MEMBER WAS REQUIRED TO PERFORM CERTAIN DUTIES TO MAKE THE NOVEMBER DRAFT. FIRST INDORSEMENT DATED MARCH 16, 1964, THE COMMANDANT OF THE MARINE CORPS QUOTED THE MESSAGE DATED OCTOBER 22, 1963, AND STATED THAT THE RESTRICTIVE REPORTING REQUIREMENT IN THE ORDERS OF AUGUST 30, 1963, WAS NOT MODIFIED AND THEREFORE INDICATED THE OPINION THAT ENTITLEMENT TO PER DIEM DID NOT BEGIN UNTIL THE MEMBER WAS IN FACT ORDERED ON THE NEXT LEG OF HIS JOURNEY. IN THE SECOND INDORSEMENT BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE REFERENCE IS MADE TO OUR DECISION, B- 128835, DATED SEPTEMBER 4, 1956, AND THE VIEW IS EXPRESSED THAT UNDER THE PRINCIPLES OF THAT DECISION THE MEMBER WOULD BE ENTITLED TO PER DIEM FOR THE NUMBER OF DAYS HE WAS AT THE TEMPORARY DUTY STATION, NOT TO EXCEED THE AMOUNT THAT HE WOULD HAVE BEEN ENTITLED TO HAD HE REPORTED ON NOVEMBER 16, 1963, AS DIRECTED IN THE ORIGINAL ORDERS. THE COMMITTEE STATED FURTHER THAT HAD THE MEMBER REPORTED ON NOVEMBER 16 HE WOULD HAVE DEPARTED THE TEMPORARY DUTY STATION WITH THE DECEMBER REPLACEMENT DRAFT ON DECEMBER 2, 1963.

PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAY EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR ADDITIONAL DUTY.

WE HELD IN DECISION B-128835, DATED SEPTEMBER 4, 1956, THAT UNLESS ORDERS WHICH DIRECT A MEMBER TO REPORT TO A PORT OF EMBARKATION FOR PROCESSING AND FURTHER TRANSFER TO HIS NEW DUTY STATION, AND WHICH AUTHORIZE LEAVE TO BE TAKEN PRIOR TO REPORTING AT SUCH INTERMEDIATE STATION, FIX A DATE OF REPORTING TO COINCIDE WITH TRANSPORTATION TO BE AVAILABLE AT A PARTICULAR TIME IN ORDER TO AVOID UNNECESSARY DELAY WHILE AWAITING TRANSPORTATION, IT CANNOT BE SAID THAT UNNECESSARY TIME WAS SPENT AWAITING TRANSPORTATION BECAUSE OF REPORTING BEFORE EXPIRATION OF LEAVE IF THE MEMBER WAS FURNISHED THE FIRST AVAILABLE TRANSPORTATION AFTER REPORTING. HOWEVER, THE ORDERS THERE INVOLVED DID NOT CONTAIN ANY RESTRICTION ON REPORTING AT THE INTERMEDIATE STATION PRIOR TO A SPECIFIED DATE AND THEREFORE THE DECISION IS NOT CONTROLLING HERE. WHEN A MEMBER IS GRANTED A LEAVE OF ABSENCE PRIOR TO REPORTING TO A TEMPORARY DUTY STATION FOR THE PERFORMANCE OF DUTY DURING A FIXED PERIOD, A RESTRICTION PROPERLY MAY BE PLACED IN HIS ORDERS PROVIDING THAT HE SHALL NOT REPORT AT SUCH STATION PRIOR TO A SPECIFIED DATE CORRESPONDING WITH THE DUTY TO BE PERFORMED. IF THE MEMBER THEN DECIDES NOT TO USE THE LEAVE AUTHORIZED AND REPORTS AT THE TEMPORARY DUTY STATION PRIOR TO THE DATE SPECIFIED, HE IS NOT ENTITLED TO PER DIEM, IN THE ABSENCE OF A MODIFICATION OF HIS ORDERS, FOR THE PERIOD PRIOR TO THE EARLIEST DATE HE WAS AUTHORIZED TO REPORT AT SUCH STATION SINCE HE DID NOT REPORT THERE PURSUANT TO ORDERS OF COMPETENT AUTHORITY.

IN THIS CASE IT IS APPARENT THAT THE LIMITATION IN THE ORIGINAL ORDERS OF AUGUST 30, 1963, REQUIRING THE MEMBER TO REPORT AT CAMP PENDLETON NOT PRIOR TO NOVEMBER 16, 1963, FOR TEMPORARY DUTY IN CONNECTION WITH PROCESSING AND FURTHER TRANSFER WITH THE DECEMBER REPLACEMENT DRAFT, WAS FIXED ON THE BASIS OF THE EXPECTED TIME THAT WOULD BE REQUIRED IN ORDER TO DEPART THAT TEMPORARY DUTY STATION WITH THE DECEMBER REPLACEMENT DRAFT ON DECEMBER 2, 1963. IN VIEW THEREOF SERGEANT WYNN IS NOT ENTITLED TO PER DIEM FROM OCTOBER 11, 1963, THE DAY SUBSEQUENT TO THE DATE HE REPORTED AT CAMP PENDLETON UNDER THE ORIGINAL ORDERS, INASMUCH AS THE EARLY REPORTING WAS FOR PERSONAL REASONS. THE MESSAGE FROM THE COMMANDANT OF THE MARINE CORPS DATED OCTOBER 22, 1963, WAS NOT ADDRESSED TO WYNN, BUT TO THE RESPONSIBLE OFFICER AT CAMP PENDLETON, AND DIRECTED THE MODIFICATION OF THE ORIGINAL ORDERS OF AUGUST 30, 1963, TO PROVIDE FOR THE MEMBER'S ASSIGNMENT TO THE NOVEMBER 1963 REPLACEMENT DRAFT.

AS A GENERAL RULE AN ORDER, INDIVIDUAL IN ITS OPERATION, DOES NOT BECOME EFFECTIVE UNTIL DELIVERED TO THE PERSON CONCERNED, UNLESS HE HAD PRIOR KNOWLEDGE OF THE CONTENTS OF THE ORDER OR WAS RESPONSIBLE FOR ANY DELAY IN ITS DELIVERY. SEE 27 COMP. GEN. 176 AND B-147387, DATED OCTOBER 23, 1961. SEE, ALSO, PARAGRAPH 5002-2, MARINE CORPS PERSONNEL MANUAL. SINCE THE MESSAGE FROM THE COMMANDANT OF THE MARINE CORPS, DATED OCTOBER 22, 1963, WAS NOT ADDRESSED TO SERGEANT WYNN, AND THE MEMORANDUM INDORSEMENT OF OCTOBER 28, 1963, APPEARS TO HAVE BEEN THE FIRST ORDER RECEIVED BY HIM NOTIFYING HIM OF THE CHANGE IN HIS BASIC ORDERS AND ASSIGNING HIM TO TEMPORARY DUTY INCIDENT TO SUCH CHANGE, IT IS OUR VIEW THAT THE OCTOBER 28 AMENDMENT IN EFFECT SUPERSEDED THE EARLY REPORTING RESTRICTION IN HIS ORDERS. THEREFORE, HE MAY BE CONSIDERED AS PERFORMING NECESSARY TEMPORARY DUTY PURSUANT TO COMPETENT ORDERS WITHIN THE MEANING OF PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS FROM OCTOBER 28, 1963, AND HE IS ENTITLED TO PER DIEM FOR THE PERIOD OCTOBER 28 TO NOVEMBER 1, 1963. ACCORDINGLY, IF THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, IS CORRECTED TO SHOW THE PERIOD INVOLVED TO BE FROM OCTOBER 28 TO NOVEMBER 1, 1963, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.