B-156199, APR. 16, 1965

B-156199: Apr 16, 1965

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USN: REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 12 AND 13. YOU WERE DIRECTED TO REPORT FOR TREATMENT AT THE U.S. YOU WERE DETACHED FROM DUTY AT THE U.S. YOU WERE DISCHARGED FROM TREATMENT AND DIRECTED TO REPORT TO THE CHIEF OF NAVAL PERSONNEL. UNDER THE INDICATED CIRCUMSTANCES IT IS CONSIDERED THAT THE NAVY SECURITY GROUP HEADQUARTERS REMAINED YOUR DESIGNATED POST OF DUTY FOR THE ENTIRE PERIOD INDICATED. YOUR CLAIM WAS DISALLOWED IN THE ABSENCE OF A SHOWING THAT THE PERFORMANCE OF THE TEMPORARY DUTY. COULD NOT REASONABLY HAVE BEEN ACCOMPLISHED WITHIN 10 HOURS EACH CALENDAR DAY. A MEMBER IS ENTITLED TO ALLOWANCES FOR ORDERED TRAVEL PERFORMED AWAY FROM HIS DESIGNATED POST OF DUTY REGARDLESS OF THE LENGTH OF TIME HE IS AWAY FROM THAT POST.

B-156199, APR. 16, 1965

TO LIEUTENANT COMMANDER RALPH W. TOBIAS, USN:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 12 AND 13, 1965, REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR OFFICE DATED FEBRUARY 11, 1965, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FROM AUGUST 20 TO OCTOBER 5, 1964.

BY LETTER ORDERS FROM THE COMMANDING OFFICER, U.S. NAVAL SECURITY STATION, WASHINGTON, D.C., DATED MAY 21, 1964, YOU WERE DIRECTED TO REPORT FOR TREATMENT AT THE U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, AND UPON DISCHARGE THEREFROM, IF FOUND FIT FOR FULL OR LIMITED DUTY, TO RETURN TO YOUR DUTY STATION AT THE NAVAL SECURITY STATION TO RESUME YOUR REGULAR DUTIES, UNLESS OTHERWISE DIRECTED. BY BUREAU OF NAVAL PERSONNEL ORDER 075571, DATED JULY 27, 1964, YOU WERE DETACHED FROM DUTY AT THE U.S. NAVAL SECURITY STATION TO CONTINUE TREATMENT AT THE HOSPITAL, AND BY LETTER FROM THE U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, DATED AUGUST 19, 1964, YOU WERE DISCHARGED FROM TREATMENT AND DIRECTED TO REPORT TO THE CHIEF OF NAVAL PERSONNEL, WASHINGTON, .C., FOR TEMPORARY DUTY WHILE AWAITING ACTION ON A BOARD OF MEDICAL SURVEY. BUREAU OF NAVAL PERSONNEL ORDER 084610, DATED OCTOBER 2, 1964, DETACHED YOU FROM YOUR TEMPORARY DUTY ASSIGNMENT AND DIRECTED YOU TO REPORT TO THE DIRECTOR, NAVY SECURITY GROUP, NAVY SECURITY GROUP HEADQUARTERS, WASHINGTON, D.C., FOR DUTY. UNDER THE INDICATED CIRCUMSTANCES IT IS CONSIDERED THAT THE NAVY SECURITY GROUP HEADQUARTERS REMAINED YOUR DESIGNATED POST OF DUTY FOR THE ENTIRE PERIOD INDICATED. SEE 43 COMP. GEN. 185.

THE RECORD SHOWS THAT ON AUGUST 20, YOU REPORTED TO THE BUREAU OF NAVAL PERSONNEL, NAVY ANNEX, ARLINGTON, VIRGINIA, FOR TEMPORARY DUTY, AND YOU CLAIM PER DIEM FOR THE PERIOD FROM AUGUST 20 TO OCTOBER 5, 1964, EXCEPT FOR A PERIOD OF LEAVE FROM AUGUST 25 TO SEPTEMBER 4, 1964. YOUR CLAIM WAS DISALLOWED IN THE ABSENCE OF A SHOWING THAT THE PERFORMANCE OF THE TEMPORARY DUTY, PLUS COMMUTING TIME, COULD NOT REASONABLY HAVE BEEN ACCOMPLISHED WITHIN 10 HOURS EACH CALENDAR DAY.

IN YOUR LETTER OF FEBRUARY 12, 1965, YOU FURNISH A DETAILED STATEMENT TO JUSTIFY YOUR CONTENTION THAT THE TIME SPENT ON TEMPORARY DUTY PLUS COMMUTING TIME FROM YOUR HOME IN BETHESDA, MARYLAND, EXCEEDED 10 HOURS EACH CALENDAR DAY. THE STATEMENT SHOWS THAT YOUR WORKING HOURS COVER PERIOD OF 8 1/2 HOURS AND YOUR TRAVEL FROM YOUR HOME IN BETHESDA, MARYLAND, TO YOUR TEMPORARY DUTY STATION AT THE BUREAU OF NAVAL PERSONNEL, NAVY ANNEX, ARLINGTON, VIRGINIA, AND RETURN, A DISTANCE OF ABOUT 11 MILES ONE WAY, ACCOUNTED FOR MORE THAN 1 1/2 HOURS TRAVELING TIME, FOR A TOTAL IN EXCESS OF 10 HOURS.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES IN PERTINENT PART THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES, A MEMBER IS ENTITLED TO ALLOWANCES FOR ORDERED TRAVEL PERFORMED AWAY FROM HIS DESIGNATED POST OF DUTY REGARDLESS OF THE LENGTH OF TIME HE IS AWAY FROM THAT POST. PARAGRAPH 4205-4 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT NO PER DIEM ALLOWANCE IS AUTHORIZED FOR A ROUND TRIP PERFORMED AWAY FROM THE DESIGNATED POST OF DUTY WITHIN A 10 HOUR PERIOD OF THE SAME CALENDAR DAY. PARAGRAPH 3050 2 OF THE REGULATIONS PROVIDES THAT A TRAVEL STATUS WILL COMMENCE WITH THE MEMBER'S DEPARTURE FROM THE PERMANENT DUTY STATION. PARAGRAPH 1150 10A DEFINES A PERMANENT STATION IN PERTINENT PART 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," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.

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

IN ACCORDANCE WITH YOUR REQUEST, WE ARE RETURNING YOUR ORDERS OF MAY 21, JULY 27, AUGUST 19, ..END :