B-154757, NOV. 25, 1964

B-154757: Nov 25, 1964

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MILITARY PAY DEPARTMENT: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 9. THE REQUEST FOR DECISION WAS ASSIGNED CONTROL NO. 64-24 BY THE PER DIEM. PACE WAS DETACHED FROM HIS DUTY STATION ON BOARD THE U.S.S. THE TRANSFER CODE ON THE ORDERS SHOWS THAT PACE WAS DETACHED FROM THE THOMAS JEFFERSON AT 8 A.M. THE CALHOUN WAS PLACED "IN SERVICE SPECIAL" ON FEBRUARY 1. APPARENTLY THE CALHOUN WAS COMMISSIONED ON APRIL 21. BY CHANGE 136 OF THE JOINT TRAVEL REGULATIONS THE "IN SERVICE SPECIAL" DATE WAS DELETED FROM THE LIMITATION FOR NUCLEAR POWERED SHIPS IN PARAGRAPH 4206 OF THE JOINT TRAVEL REGULATIONS. PACE'S ORDERS WERE ENDORSED TO GIVE EFFECT TO SUCH CHANGE. IT IS SUGGESTED IN ENDORSEMENT OF THE COMPTROLLER OF THE NAVY DATED JUNE 29.

B-154757, NOV. 25, 1964

TO MR. G. D. POLAND, DISBURSING OFFICER, MILITARY PAY DEPARTMENT:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 9, 1964, WITH ENCLOSURES, WHICH WE RECEIVED VIA COMMAND CHANNELS, REQUESTING DECISION AS TO THE LEGALITY OF PAYMENT OF PER DIEM TO LOOMIS L. PACE, 280 80 47, YNCA/SS), USN, FOR THE PERIOD FEBRUARY 6 TO APRIL 21, 1964, UNDER THE CIRCUMSTANCES DESCRIBED. THE REQUEST FOR DECISION WAS ASSIGNED CONTROL NO. 64-24 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED JANUARY 31, 1964, PACE WAS DETACHED FROM HIS DUTY STATION ON BOARD THE U.S.S. THOMAS JEFFERSON (SSBN-618) (BLUE) AT NEW LONDON, CONNECTICUT, AND AUTHORIZED 4 DAYS' PROCEED TIME AND 1 DAY TRAVEL TIME AND DIRECTED TO PROCEED TO NEWPORT NEWS, VIRGINIA, FOR TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OF THE U.S.S. JOHN C. CALHOUN (SSBN-630) AND DUTY ON BOARD THAT VESSEL FROM DATE OF BEING PLACED "IN SERVICE SPECIAL.' THE TRANSFER CODE ON THE ORDERS SHOWS THAT PACE WAS DETACHED FROM THE THOMAS JEFFERSON AT 8 A.M. ON JANUARY 31, 1964. THE CALHOUN WAS PLACED "IN SERVICE SPECIAL" ON FEBRUARY 1, 1964, AND HE REPORTED ON BOARD ON FEBRUARY 5, 1964. APPARENTLY THE CALHOUN WAS COMMISSIONED ON APRIL 21, 1964. BY CHANGE 136 OF THE JOINT TRAVEL REGULATIONS THE "IN SERVICE SPECIAL" DATE WAS DELETED FROM THE LIMITATION FOR NUCLEAR POWERED SHIPS IN PARAGRAPH 4206 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE FEBRUARY 1, 1964, AND ON MARCH 4, 1964, MR. PACE'S ORDERS WERE ENDORSED TO GIVE EFFECT TO SUCH CHANGE.

IT IS SUGGESTED IN ENDORSEMENT OF THE COMPTROLLER OF THE NAVY DATED JUNE 29, 1964, TO YOUR LETTER THAT IF THE ORDERS OF JANUARY 31, 1964, HAD BEEN ISSUED AFTER FEBRUARY 1, 1964, PACE WOULD HAVE BEEN ASSIGNED TO TEMPORARY DUTY UP TO THE DATE THE VESSEL WAS COMMISSIONED INSTEAD OF THE ,IN SERVICE SPECIAL" DATE, SINCE THE PERIOD OF TIME BETWEEN THE DATE HE WAS REQUIRED TO REPORT AND THE SCHEDULED DATE OF COMMISSIONING, OR JULY 31, 1964, WAS LESS THAN 6 MONTHS, AND THAT ORDINARILY HIS ORDERS WOULD HAVE BEEN MODIFIED BEFORE HE REPORTED ON BOARD TO ACCOMPLISH THE SAME RESULT BUT THROUGH ADMINISTRATIVE OVERSIGHT THIS WAS NOT DONE. YOUR QUESTION IS WHETHER IN THE CIRCUMSTANCES INVOLVED PACE MAY BE PAID PER DIEM UP TO THE DATE THE VESSEL WAS COMMISSIONED.

THERE WOULD APPEAR TO BE LITTLE DOUBT THAT THE INTENT OF THE ORDERS OF JANUARY 31, 1964, WAS TO DIRECT TEMPORARY DUTY FOR THE PERIOD OF THE FITTING OUT OF THE CALHOUN WITH DUTY ABOARD THEREAFTER TO THE EXTENT AUTHORIZED BY APPLICABLE REGULATIONS. THE INCLUSION OF THE PROVISION LIMITING SUCH TEMPORARY ASSIGNMENT TO NOT BEYOND THE DAY OF PLACING IN SERVICE SPECIAL, WAS REQUIRED BY PARAGRAPH 4206 OF THE JOINT TRAVEL REGULATIONS AS IN EFFECT ON THE DATE OF ISSUANCE OF THE ORDERS. ON THE EFFECTIVE DATE OF THE ORDERS, HOWEVER, PARAGRAPH 4206 HAD BEEN CHANGED TO PERMIT THE DIRECTION OF OTHERWISE QUALIFIED TEMPORARY DUTY IN CONNECTION WITH FITTING OUT ACTIVITIES TO CONTINUE UNTIL THE DATE OF COMMISSIONING WHEN THE PERIOD OF TEMPORARY DUTY WOULD NOT EXCEED 6 MONTHS.

WHILE THE ORDERS OF JANUARY 31, 1964, WERE NOT FORMALLY AMENDED PRIOR TO THEIR EFFECTIVE DATE TO GIVE EFFECT TO THE REGULATIONS APPLICABLE ON THAT DATE, WE BELIEVE THAT IN THE CIRCUMSTANCES INVOLVED, THEY PROPERLY MAY BE VIEWED AS DIRECTING TEMPORARY DUTY ON THE BASIS AUTHORIZED BY THE REGULATIONS ON THE EFFECTIVE DATE OF THE ORDERS. ACCORDINGLY, THE "IN SERVICE SPECIAL" PROVISIONS OF THE ORDERS MAY BE DISREGARDED IN ACCORDANCE WITH THE ENDORSEMENT OF MARCH 4, 1964, AND PAYMENT MADE TO PACE, TO THE EXTENT OTHERWISE AUTHORIZED, OF PER DIEM FOR THE PERIOD CLAIMED.