B-158500, MAR. 24, 1966

B-158500: Mar 24, 1966

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PARRISH: REFERENCE IS MADE TO YOUR LETTER RECEIVED JANUARY 21. WHICH WERE CANCELLED EFFECTIVE JULY 2. YOU WERE DIRECTED TO PROCEED TO PRESTWICK AIR FORCE BASE. CONCURRENT TRAVEL OF YOUR DEPENDENT WIFE WAS AUTHORIZED. SHOWS THAT YOU REPORTED AT PRESTWICK AIR FORCE BASE AS DIRECTED AND YOU WERE FURTHER DIRECTED TO REPORT ON JULY 2. A FURTHER MEMORANDUM ENDORSEMENT STATED THAT THE PRIOR ENDORSEMENT WAS CANCELLED. COPIES OF VARIOUS MESSAGES ON FILE WITH YOUR CLAIM INDICATE THAT WHILE YOU WERE ON DUTY AT EDZELL. AFTER YOUR RETURN YOU WERE ADVISED THAT ORDERS DIRECTING YOUR TRANSFER TO THE FLEET RESERVE WOULD BE ISSUED TO BE EFFECTIVE JULY 31. THIS EFFECTIVE DATE WAS LATER EXTENDED TO NOT EARLIER THAN AUGUST 2.

B-158500, MAR. 24, 1966

TO ROY M. PARRISH:

REFERENCE IS MADE TO YOUR LETTER RECEIVED JANUARY 21, 1966, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED DECEMBER 29, 1965, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM JULY 2 TO AUGUST 8, 1965, UNDER PERMANENT CHANGE OF STATION ORDERS DATED JUNE 22, 1965, WHICH WERE CANCELLED EFFECTIVE JULY 2, 1965.

BY STANDARD TRANSFER ORDERS PREPARED JUNE 22, 1965, AT THE U.S. NAVY SECURITY GROUP ACTIVITY EDZELL, EDZELL, SCOTLAND, YOU WERE DIRECTED TO PROCEED TO PRESTWICK AIR FORCE BASE, PRESTWICK, SCOTLAND, TO REPORT NOT LATER THAN JULY 1, 1965, FOR TRANSPORTATION TO THE UNITED STATES AND FOR ULTIMATE DUTY ON BOARD THE U.S.S. NEWPORT NEWS (CA-148) AT NORFOLK, VIRGINIA. CONCURRENT TRAVEL OF YOUR DEPENDENT WIFE WAS AUTHORIZED. MEMORANDUM ENDORSEMENT DATED JULY 1, 1965, SHOWS THAT YOU REPORTED AT PRESTWICK AIR FORCE BASE AS DIRECTED AND YOU WERE FURTHER DIRECTED TO REPORT ON JULY 2, 1965, FOR TRANSPORTATION BY COMMERCIAL AIR TO NEW YORK CITY. A FURTHER MEMORANDUM ENDORSEMENT STATED THAT THE PRIOR ENDORSEMENT WAS CANCELLED, THAT NAVY SECURITY GROUP ACTIVITY EDZELL REQUESTED YOUR RETURN THERE DUE TO CANCELLATION OF YOUR ORDERS, AND THAT YOU DEPARTED PRESTWICK ON JULY 2, 1965, TO RETURN TO EDZELL.

COPIES OF VARIOUS MESSAGES ON FILE WITH YOUR CLAIM INDICATE THAT WHILE YOU WERE ON DUTY AT EDZELL, SCOTLAND, YOU HAD REQUESTED A TRANSFER TO THE FLEET RESERVE. HOWEVER, YOU RECEIVED THE ORDERS OF JUNE 22, 1965, PRIOR TO ANY NOTIFICATION AS TO THE DISPOSITION OF YOUR REQUEST. AFTER YOUR RETURN YOU WERE ADVISED THAT ORDERS DIRECTING YOUR TRANSFER TO THE FLEET RESERVE WOULD BE ISSUED TO BE EFFECTIVE JULY 31, 1965. THIS EFFECTIVE DATE WAS LATER EXTENDED TO NOT EARLIER THAN AUGUST 2, 1965. IT APPEARS THAT UPON YOUR RETURN TO YOUR OLD DUTY STATION, NO GOVERNMENT QUARTERS WERE AVAILABLE AND YOU AND YOUR WIFE WERE REQUIRED TO LIVE IN HOTEL ACCOMMODATIONS FROM JULY 2 UNTIL YOUR SUBSEQUENT DEPARTURE ON AUGUST 8, 1965. THE RECORD INDICATES FURTHER THAT YOU WERE PAID FOR YOUR TRAVEL AND THAT OF YOUR WIFE FOR THE DISTANCE FROM EDZELL TO PRESTWICK AND RETURN AND THAT YOU WERE ALSO PAID $170 AS TEMPORARY LODGING ALLOWANCE FOR THE LAST 10 DAYS OF YOUR STAY AT EDZELL.

BY TRANSMITTAL LETTER DATED NOVEMBER 24, 1965, THE COMPTROLLER OF THE NAVY FORWARDED YOUR CLAIM FOR PER DIEM FOR THE PERIOD JULY 2 TO AUGUST 8, 1965, FOR SETTLEMENT BY OUR OFFICE, STATING THAT UPON YOUR DETACHMENT FROM THE U.S. NAVY SECURITY GROUP ACTIVITY EDZELL YOU ENTERED IN A TRAVEL STATUS AS DEFINED IN PARAGRAPH M3050, JOINT TRAVEL REGULATIONS, AND THAT YOU WERE IN A TEMPORARY DUTY STATUS FROM JULY 2 TO AUGUST 8, 1965, BUT BECAUSE OF THE ABSENCE OF ORDERS DIRECTING SUCH TEMPORARY DUTY, THE CLAIM COULD NOT BE SETTLED LOCALLY. HOWEVER, BY SETTLEMENT DATED DECEMBER 29, 1965, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED.

IN YOUR RECENT LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM, YOU STATED AS A BASIS FOR YOUR CLAIM THE ADDITIONAL COST YOU INCURRED IN RETURNING TO YOUR DUTY STATION AFTER YOU WERE ADVISED UPON REPORTING FOR TRANSPORTATION TO THE UNITED STATES THAT YOUR ORDERS OF JUNE 22, 1965, HAD BEEN CANCELLED. YOU EXPLAINED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE, YOUR HOUSEHOLD GOODS HAD BEEN TRANSFERRED, AND YOU WERE FORCED TO LIVE IN A HOTEL DURING THE HIGH POINT IN SCOTLAND'S HOLIDAY SEASON WHEN ACCOMMODATIONS WERE LIMITED AND EXTREMELY EXPENSIVE.

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

"1. IF THE ORDERS ARE CANCELLED, ROUND-TRIP ALLOWANCES FOR THE DISTANCE FROM THE OLD DUTY STATION TO THE POINT WHERE THE CANCELLATION WAS RECEIVED, NOT TO EXCEED THE DISTANCE FROM THE OLD DUTY STATION TO THE COMTEMPLATED NEW STATION AND RETURN; * * *.'

CANCELLATION OF PERMANENT CHANGE OF STATION ORDERS WITHOUT THE ISSUANCE OF ADDITIONAL ORDERS RESULTS IN A REQUIREMENT THAT THE MEMBER RETURN TO HIS OLD STATION TO RESUME HIS PRIOR STATUS AND DUTY ASSIGNMENT. HENCE, ALTHOUGH YOU HAD BEEN DETACHED FROM YOUR DUTY STATION AT EDZELL, SCOTLAND, WHEN YOU TRAVELED TO PRESTWICK, SCOTLAND, FOR TRANSPORTATION TO THE UNITED STATES, IT AGAIN BECAME YOUR PERMANENT DUTY STATION WHEN YOU WERE REQUIRED TO RETURN AFTER THE CANCELLATION OF THE ORDERS. THEREFORE, YOUR ENTITLEMENT UNDER THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS WAS LIMITED TO THE ALLOWANCES AUTHORIZED UNDER PARAGRAPH M4156, CASE 4, OF THE REGULATIONS WHICH YOU APPARENTLY HAVE RECEIVED. NO PROVISION IS FOUND IN THE REGULATIONS FOR THE PAYMENT OF PER DIEM DURING THE PERIOD A MEMBER IS PERFORMING DUTY OR AWAITING FURTHER ASSIGNMENT WHILE AT HIS OLD PERMANENT DUTY STATION.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 29, 1965, DISALLOWING YOUR CLAIM WAS PROPER AND UPON REVIEW IS SUSTAINED.