B-157758, DEC. 2, 1965, 45 COMP. GEN. 300

B-157758: Dec 2, 1965

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WHO IS ABSENT MORE THAN 10 HOURS FROM THE SANDIA BASE INCIDENT TO REPORTING EARLY AT KIRTLAND TO PREPARE FOR A FLIGHT OF LESS THAN 10 HOURS WAS NOT IN A TRAVEL STATUS FROM THE TIME HE DEPARTED FROM HIS DESIGNATED POST AT SANDIA BASE. THE OFFICER IS NOT ENTITLED TO PER DIEM FOR AN ABSENCE OF LESS THAN 10 HOURS FROM KIRTLAND. ON THE BASIS THAT HE WAS AWAY FROM THE SANDIA BASE FOR A PERIOD OF MORE THAN 10 HOURS. 1965: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 6. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 65-29 BY THE PER DIEM. CAPTAIN DOLLAHON WAS AUTHORIZED TO PROCEED AS REQUIRED FROM THAT STATION TO PLACES WITHIN OR WITHOUT THE CONTINENTAL UNITED STATES DURING THE PERIOD FEBRUARY 3 THROUGH JUNE 30.

B-157758, DEC. 2, 1965, 45 COMP. GEN. 300

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TEMPORARY DUTY - NEAR PERMANENT DUTY STATION AN AIR FORCE OFFICER ISSUED BLANKET TRAVEL ORDERS BY HIS SANDIA BASE HEADQUARTERS FOR TEMPORARY DUTY BOTH AS AN AIDE-DE-CAMP AND AS AN ADDITIONAL CREW MEMBER OVER AND ABOVE THE MAXIMUM CREW COMPONENT, AND SPECIAL ORDERS AUTHORIZING HIM TO FLY AT ADJACENT KIRTLAND AIR FORCE BASE PURSUANT TO AFM 60-1 IN ORDER TO QUALIFY FOR FLYING PAY, WHO IS ABSENT MORE THAN 10 HOURS FROM THE SANDIA BASE INCIDENT TO REPORTING EARLY AT KIRTLAND TO PREPARE FOR A FLIGHT OF LESS THAN 10 HOURS WAS NOT IN A TRAVEL STATUS FROM THE TIME HE DEPARTED FROM HIS DESIGNATED POST AT SANDIA BASE, THE TEMPORARY DUTY TO PREVENT LOSS OF FLYING PAY HAVING BEEN PERFORMED AS A CREW MEMBER AT KIRTLAND AND NOT AS AN ADDITIONAL CREW MEMBER UNDER THE BLANKET TRAVEL ORDERS; THEREFORE, THE OFFICER IS NOT ENTITLED TO PER DIEM FOR AN ABSENCE OF LESS THAN 10 HOURS FROM KIRTLAND, HIS DUTY STATION FOR THE PURPOSE OF QUALIFYING FOR FLYING PAY, ON THE BASIS THAT HE WAS AWAY FROM THE SANDIA BASE FOR A PERIOD OF MORE THAN 10 HOURS.

TO LIEUTENANT COLONEL W. D. CARROLL, JR., DEPARTMENT OF THE ARMY, DECEMBER 2, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1965, FCCT4, REQUESTING A DECISION AS TO THE ENTITLEMENT OF CAPTAIN WILLIAM J. DOLLAHON, USAF, 57077A, FOR TRAVEL AND TEMPORARY DUTY FROM SANDIA BASE, NEW MEXICO, TO KIRTLAND AIR FORCE BASE, NEW MEXICO, AND FROM THERE TO OTHER BASES AND RETURN ON APRIL 28, 1965. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 65-29 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SANDIA BASE BLANKET TRAVEL ORDER (0002), DATED FEBRUARY 3, 1965, CAPTAIN DOLLAHON WAS AUTHORIZED TO PROCEED AS REQUIRED FROM THAT STATION TO PLACES WITHIN OR WITHOUT THE CONTINENTAL UNITED STATES DURING THE PERIOD FEBRUARY 3 THROUGH JUNE 30, 1965. THE ORDERS PROVIDED THAT THE TEMPORARY DUTY WAS FOR THE PURPOSE OF PERFORMING DUTIES AS AIDE-DE-CAMP TO COMMANDER, JTF-2, AND AUTHORIZED CAPTAIN DOLLAHON TO FLY AS AN ADDITIONAL CREW MEMBER OVER AND ABOVE MAXIMUM CREW COMPLEMENT. BY PARAGRAPH 2, KIRTLAND AIR FORCE BASE SPECIAL ORDER A-162, DATED MARCH 9, 1965, CAPTAIN DOLLAHON WAS ATTACHED TO 4900TH AIR BASE GROUP, AFSC, AT KIRTLAND AIR FORCE BASE FOR FLYING PURPOSES ONLY, EFFECTIVE MARCH 1, 1965. AUTHORITY FOR THE ASSIGNMENT IS SHOWN AS AFM 60-1. WHILE A COPY OF THAT MANUAL IS NOT AVAILABLE HERE, WE UNDERSTAND THAT IT RELATES TO THE ASSIGNMENT OF PERSONNEL TO AVIATION UNITS FOR FLYING PURPOSES IN ORDER TO QUALIFY FOR FLYING PAY. FLIGHTS FROM THE LATTER BASE INCIDENT TO THAT ASSIGNMENT APPARENTLY WERE PERFORMED UNDER SEPARATE FLIGHT ORDERS AS A CREW MEMBER. AS AN EXAMPLE THERE WAS FURNISHED A COPY OF FLIGHT ORDER NO. 557, DATED JUNE 10, 1965. THAT ORDER CONFIRMED PRIOR VERBAL ORDERS WHICH DIRECTED CAPTAIN DOLLAHON AND TWO OTHER MEMBERS TO PERFORM TEMPORARY DUTY AS AIRCREW MEMBERS IN CONJUNCTION WITH A MOVEMENT OF PERSONNEL, THE ITINERARY BEING FROM KIRTLAND AIR FORCE BASE, THE LOCATION OF THE HEADQUARTERS FROM WHICH THE DUTY WAS PERFORMED, TO ANOTHER BASE AND RETURN. IT IS NOTED, HOWEVER, THAT FLIGHT ORDERS WERE NOT FURNISHED FOR THE DAY IN QUESTION. APPARENTLY NONE WERE ISSUED FOR THE REASON THAT THE ABSENCE FROM KIRTLAND AIR FORCE BASE DID NOT EXCEED 10 HOURS. WHILE THE BLANKET ORDERS OF FEBRUARY 3, 1965, ARE LISTED ON CAPTAIN DOLLAHON'S TRAVEL VOUCHER AS AUTHORITY FOR THE TRAVEL, THE DUTY PERFORMED APPARENTLY WAS NOT OF THE TYPE AUTHORIZED BY THOSE ORDERS.

ON THE DATE IN QUESTION, APRIL 28, 1965, CAPTAIN DOLLAHON'S ITINERARY SHOWS THAT HE DEPARTED SANDIA BASE AT 0630 HOURS, AND ARRIVED AT KIRTLAND AIR FORCE BASE AT 0645. THE DISTANCE INVOLVED IS SAID TO BE APPROXIMATELY 3 MILES. AT KIRTLAND AIR FORCE BASE HE PERFORMED REQUIRED DUTIES WHICH INCLUDED PROCESSING FOR FLIGHT AND PILOTING A MILITARY AIRCRAFT CARRYING OTHER MEMBERS ON TEMPORARY DUTY TO LOS ALAMITOS NAVAL AIR STATION, CALIFORNIA, AND NELLIS AIR FORCE BASE, NEVADA. HE DEPARTED KIRTLAND AIR FORCE BASE ON THE FLIGHT AT 0845, RETURNED THERE AT 1800 AND ARRIVED AT SANDIA BASE AT 1815. THUS, HE WAS ABSENT FROM SANDIA BASE FOR MORE THAN 10 HOURS, BUT WAS AWAY FROM KIRTLAND AIR FORCE BASE ON FLIGHT FOR LESS THAN 10 HOURS. YOU QUESTION WHETHER HE IS ENTITLED TO PER DIEM FOR TEMPORARY DUTY FROM THE TIME HE ARRIVED AT KIRTLAND AIR FORCE BASE TO INITIALLY PROCESS THE AIRCRAFT FOR FLIGHT UNTIL HIS RETURN TO KIRTLAND AIR FORCE BASE ON COMPLETION OF TEMPORARY DUTY, AN ELAPSED TIME OF MORE THAN 10 HOURS. BASICALLY, THE QUESTION IS WHETHER THE MEMBER WAS IN A TRAVEL STATUS FROM THE TIME HE DEPARTED SANDIA BASE UNTIL HIS RETURN THERETO OR WHETHER KIRTLAND AIR FORCE BASE WAS THE MEMBER'S BASIC DUTY STATION FOR PER DIEM PURPOSES FOR THE DUTY INVOLVED.

IN THE SECOND INDORSEMENT TO YOUR LETTER, HEADQUARTERS FIELD COMMAND, DASA, SANDIA BASE, STATED THAT THE REQUIREMENT FOR PERSONNEL TO ARRIVE AT KIRTLAND AIR FORCE BASE 1 1/2 HOURS PRIOR TO DEPARTURE OF THE FLIGHT IS BASED ON OPERATING INSTRUCTIONS 554, 4900TH AIR BASE GROUP, KIRTLAND AIR FORCE BASE. ALSO, IT IS STATED THAT AFTER A CAREFUL STUDY OF CERTAIN DECISIONS OF THIS OFFICE (B-143072, OCTOBER 18, 1960, AND B-144955, APRIL 13, 1961) AND TELEPHONIC CONTACT WITH THE ALBUQUERQUE CITY PLANNING COMMISSION, IT IS BELIEVED THAT SANDIA BASE AND KIRTLAND AIR FORCE BASE, ALTHOUGH ADJACENT, ARE SEPARATE PERMANENT DUTY STATIONS, AS DEFINED IN PARAGRAPH M1150-10, JOINT TRAVEL REGULATIONS. WHILE THAT INDORSEMENT FURTHER STATES THAT KIRTLAND AIR FORCE BASE IS LOCATED PARTLY WITHIN THE CITY LIMITS OF ALBUQUERQUE, IT DOES NOT CONTAIN A DEFINITE STATEMENT AS TO WHETHER SANDIA BASE IS OR IS NOT WITHIN THE CITY LIMITS, AND IT APPEARS FROM THE RAND-MCNALLY ROAD ATLAS, 41ST ED. ON FILE IN THIS OFFICE THAT BOTH BASES MAY BE PARTLY WITHIN THE CITY LIMITS OF ALBUQUERQUE.

PARAGRAPH M1150-10A OF THE JOINT TRAVEL REGULATIONS DEFINES A PERMANENT 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," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.

ENTITLEMENT TO PER DIEM AND OTHER TRAVEL ALLOWANCES UNDER THE PROVISIONS OF 37 U.S.C. 404 IS DEPENDENT UPON MEMBERS BEING IN A TRAVEL STATUS AWAY FROM THEIR DESIGNATED POST OF DUTY. PARAGRAPH M3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS ONLY WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION ON PUBLIC BUSINESS PURSUANT TO COMPETENT ORDERS, SUCH STATUS TO COMMENCE WITH DEPARTURE FROM THE PERMANENT DUTY STATION AND TO TERMINATE WITH RETURN TO THE PERMANENT DUTY STATION. PARAGRAPH M3002-1 OF THE REGULATIONS PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR REIMBURSEMENT OF TRAVEL EXPENSES. PARAGRAPH M4205-2 OF THE REGULATIONS PROVIDES FOR PER DIEM FOR ABSENCE FROM THE PERMANENT STATION IN A TRAVEL STATUS IN EXCESS OF 10 HOURS IN THE SAME CALENDAR DAY.

IN THE DECISION OF OCTOBER 18, 1960, B-143072, WE CONCLUDED THAT UNDER THE APPLICABLE LAWS AND REGULATIONS THE MEMBER THERE INVOLVED (CASE NO. 2) WAS NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT BROOKS AIR FORCE BASE, TEXAS, WHILE STATIONED AT KELLY AIR FORCE BASE, TEXAS, FOR THE REASON THAT BROOKS AIR FORCE BASE IS LOCATED WITHIN THE CORPORATE LIMITS OF SAN ANTONIO, TEXAS, AND SO WITHIN THE AREA OF HIS DUTY STATION WHICH IS ALSO LOCATED, IN PART, IN SAN ANTONIO. THAT DECISION WAS AFFIRMED BY DECISION B-143072 OF NOVEMBER 3, 1961, COPY ENCLOSED, IN WHICH IT FURTHER WAS HELD THAT MEMBERS ON TEMPORARY DUTY AT LACKLAND AIR FORCE BASE WHILE ASSIGNED TO DUTY AT KELLY AIR FORCE BASE WERE ENTITLED TO PER DIEM (ALTHOUGH LOCATED NEARER TO KELLY AIR FORCE BASE THAN BROOKS AIR FORCE BASE) FOR THE REASON THAT LACKLAND AIR FORCE BASE IS LOCATED OUTSIDE THE CORPORATE LIMITS OF SAN ANTONIO AND SO OUTSIDE THE AREA OF KELLY AIR FORCE BASE.

IN THE DECISION OF APRIL 13, 1961, B-144955, IT WAS HELD THAT A MEMBER STATIONED AT MIRAMAR, CALIFORNIA, WAS ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT NAVAL AIR STATION, NORTH ISLAND, CALIFORNIA, WHEN ABSENT FROM HIS DUTY STATION FOR MORE THAN 10 HOURS FOR THE REASON THAT WHILE BOTH STATIONS USE SAN DIEGO AS A POSTAL ADDRESS, THEY ARE DISTINCT LOCALITIES OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN DIEGO.

IN THE PRESENT CASE, IT IS NOT ENTIRELY CLEAR WHETHER SANDIA BASE AND KIRTLAND AIR FORCE BASE ARE IN PART WITHIN THE SAME CITY AND THEREFORE TO BE REGARDED AS THE SAME STATION FOR TRAVEL AND PER DIEM PURPOSES. HOWEVER, ASIDE FROM SUCH DOUBT IT APPEARS THAT CAPTAIN DOLLAHON'S ASSIGNMENT TO THE 4900TH AIR BASE GROUP, AFSC, AT KIRTLAND AIR FORCE BASE UNDER THE ORDERS OF MARCH 9, 1965, WAS PURSUANT TO AFM 60-1 TO PREVENT LOSS OF FLYING PAY. THE TEMPORARY DUTY APPARENTLY WAS PERFORMED AS A CREW MEMBER INCIDENT TO SUCH ASSIGNMENT TO THE AVIATION UNIT AT KIRTLAND AIR FORCE BASE RATHER THAN AS AN ADDITIONAL CREW MEMBER UNDER THE BLANKET TRAVEL ORDER OF FEBRUARY 3, 1965, AND KIRTLAND AIR FORCE BASE APPEARS TO BE THE OFFICER'S BASIC DUTY ASSIGNMENT FOR SUCH FLYING DUTY. THEREFORE, THE PERIOD AWAY FROM HIS STATION WOULD BE THE PERIOD HE WAS ABSENT FROM KIRTLAND AIR FORCE BASE, OR LESS THAN 10 HOURS. IT IS ASSUMED THAT IT WAS ON SUCH BASIS THAT NO WRITTEN ORDERS WERE ISSUED TO COVER THE DUTY.

CONSEQUENTLY, ON THE PRESENT RECORD THERE APPEARS NO PROPER BASIS FOR PAYMENT OF PER DIEM FOR THE DAY IN QUESTION AND, ACCORDINGLY, THE PAPERS WILL BE RETAINED HERE.