B-159688, SEP. 15, 1966

B-159688: Sep 15, 1966

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TO THE SECRETARY OF THE NAVY: FURTHER REFERENCE IS MADE TO LETTER OF JUNE 30. THE REQUEST WAS ASSIGNED CONTROL NO. 66-27 BY THE DEPARTMENT OF DEFENSE PER DIEM. WAS DETACHED FROM HIS ASSIGNMENT ON BOARD THE JEFFERSON AND DIRECTED TO PROCEED FROM HIS ASSIGNMENT ON TEMPORARY DUTY FOR TRAHAB (TRAINING AND REHABILITATION) AT NEW LONDON. QUESTION HAS ARISEN AS TO WHETHER UNDERWOOD IS ENTITLED TO PER DIEM ALLOWANCES WHILE ASSIGNED TO TEMPORARY DUTY FOR PROCESSING FOR SEPARATION TO THE NAVAL RESERVE. IN THE LETTER THE ASSISTANT SECRETARY SAYS THAT PER DIEM WAS NOT PAYABLE TO UNDERWOOD WHILE HE WAS A MEMBER OF THE OFF-SHIP CREW ON TEMPORARY DUTY FOR TRAHAB UNDER THE PROVISIONS OF PARAGRAPH M4205-5 FOOTNOTE Y.

B-159688, SEP. 15, 1966

TO THE SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO LETTER OF JUNE 30, 1966, FROM THE ASSISTANCE SECRETARY OF THE NAVY REQUESTING DECISION AS TO THE PROPRIETY OF PAYMENT OF PER DIEM TO A MEMBER OF THE NAVY ON TEMPORARY DUTY FOR TRAHAB (TRAINING AND REHABILITATION) DUTY AT NEW LONDON, CONNECTICUT, THE HOME PORT OF HIS SHIP, U.S.S. THOMAS JEFFERSON (SSBN 618), UPON DETACHMENT FROM HIS SHIP UNDER ORDERS DIRECTING HIM TO REPORT TO THE U.S. SUBMARINE BASE, NEW LONDON, CONNECTICUT, FOR SEPARATION PROCESSING INCIDENT TO HIS TRANSFER TO THE U.S. NAVAL RESERVE UNDER THE CIRCUMSTANCES DESCRIBED.

THE REQUEST WAS ASSIGNED CONTROL NO. 66-27 BY THE DEPARTMENT OF DEFENSE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED MAY 24, 1965, U.S.S. THOMAS JEFFERSON (SSBN 618) (BLUE) AT NEW LONDON, CONNECTICUT, JOHN MATHEW UNDERWOOD, 514 42 98, ET1 (SS) ( 3353/0000 ( USN, WAS DETACHED FROM HIS ASSIGNMENT ON BOARD THE JEFFERSON AND DIRECTED TO PROCEED FROM HIS ASSIGNMENT ON TEMPORARY DUTY FOR TRAHAB (TRAINING AND REHABILITATION) AT NEW LONDON, CONNECTICUT, AND REPORT TO THE U.S. NAVAL SUBMARINE BASE, NEW LONDON, CONNECTICUT, NOT LATER THAN MAY 24, 1965, FOR SEPARATION AND TRANSFER TO THE NAVAL RESERVE. QUESTION HAS ARISEN AS TO WHETHER UNDERWOOD IS ENTITLED TO PER DIEM ALLOWANCES WHILE ASSIGNED TO TEMPORARY DUTY FOR PROCESSING FOR SEPARATION TO THE NAVAL RESERVE.

IN THE LETTER THE ASSISTANT SECRETARY SAYS THAT PER DIEM WAS NOT PAYABLE TO UNDERWOOD WHILE HE WAS A MEMBER OF THE OFF-SHIP CREW ON TEMPORARY DUTY FOR TRAHAB UNDER THE PROVISIONS OF PARAGRAPH M4205-5 FOOTNOTE Y, JOINT TRAVEL REGULATIONS, AND PARAGRAPH 4057-3, NAVY TRAVEL INSTRUCTIONS, BUT THAT IT IS UNDERSTOOD THAT ONCE THE MEMBER'S STATUS IS CHANGED FROM THAT OF UNDERGOING TRAINING AND REHABILITATION AT THE HOME PORT OF HIS SUBMARINE AND HE IS ORDERED TO ANOTHER ACTIVITY ON TEMPORARY DUTY, EVEN THOUGH IT IS WITHIN THE LIMITS OF THE HOME PORT, HE ENTERS A TRAVEL STATUS AND ENTITLEMENT TO PER DIEM ALLOWANCES EXISTS.

DOUBT AS TO ENTITLEMENT ARISES BECAUSE THE JOINT TRAVEL REGULATIONS IN PARAGRAPH M4201-4 PROHIBIT THE PAYMENT OF PER DIEM ALLOWANCES WHEN A MEMBER IS ORDERED TO PERFORM TEMPORARY DUTY AT AN ACTIVITY WITHIN THE LIMITS OF HIS PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH M1150 10 OF THESE REGULATIONS. SPECIFICALLY, THE ASSISTANT SECRETARY ASKS WHETHER OR NOT A MEMBER IS ENTITLED TO PER DIEM AT A TEMPORARY DUTY STATION AT THE HOME PORT WHEN HE IS DETACHED FROM TRAHAB DUTY AT THE HOME PORT UNDER ORDERS DIRECTING SUCH TEMPORARY DUTY, OR WHETHER THE HOME PORT MUST BE CONSIDERED HIS PERMANENT DUTY STATION.

THE PERTINENT STATUTE, 37 U.S.C. 404 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POST OF DUTY.

PARAGRAPH M1150-10A OF THE JOINT TRAVEL REGULATIONS DEFINES A PERMANENT DUTY STATION AS THE ,POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN FOR "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 * * *.'

UNDER THE JOINT TRAVEL REGULATIONS (PARAGRAPHS M1150-10A AND M3050) A MEMBER MAY NOT BE ALLOWED PER DIEM FOR TEMPORARY DUTY PERFORMED AT A STATION WHICH IS WITHIN THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH HIS PERMANENT DUTY STATION IS SITUATED. HOWEVER, THOSE REGULATIONS AND DECISIONS OF THIS OFFICE RECOGNIZE THAT A VESSEL IS THE PERMANENT STATION OF A MEMBER WHO IS ASSIGNED TO DUTY ON BOARD SUCH VESSEL; THAT THE HOME YARD AND HOME PORT OF THE VESSEL ALSO ARE HIS PERMANENT STATION, BUT ONLY FOR THE PURPOSE OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, AND THAT THE HOME ESTABLISHED BY THE MEMBER AT THE HOME YARD OR HOME PORT OF THE VESSEL ON WHICH HE IS ASSIGNED IS NOT REGARDED AS A PART OF HIS PERMANENT STATION FOR PER DIEM PURPOSES. SEE B-127774, AUGUST 2, 1956; 44 COMP. GEN. 262, AND B-158218, FEBRUARY 7, 1966, 45 COMP. GEN. -

THEREFORE, EXCEPT FOR PERIODS WHEN MEMBERS ATTACHED TO THE OFF-SHIP CREW OF A TWO-CREW NUCLEAR POWERED SUBMARINE ARE ASSIGNED TO TEMPORARY DUTY AT THE HOME PORT FOR TRAINING AND REHABILITATION, FOR WHICH PER DIEM ALLOWANCES ARE NOT PAYABLE BECAUSE OF ADMINISTRATIVE RESTRICTION INSTITUTED UNDER AUTHORITY OF PARAGRAPH M4205-5 FOOTNOTE Y, WHEN SHIP BASED MEMBERS ARE ORDERED ASHORE AND ARE AWAY FROM AND OUT OF THE CONTROL OF THEIR ASSIGNED VESSELS DURING A PERIOD OF TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY DIRECTED IN THEIR ORDERS, AT THE HOME PORT OR ELSEWHERE, THEY ARE IN A TRAVEL STATUS AND ARE ENTITLED TO PER DIEM.

UNDERWOOD'S ORDERS SHOW THAT HE WAS DETACHED FROM THE JEFFERSON AND DIRECTED TO PROCEED TO THE U.S. NAVAL BASE, NEW LONDON, CONNECTICUT, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. UPON COMPLETION OF THE PROCESSING HE WAS TO PROCEED TO HIS HOME FOR RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE U.S. NAVAL RESERVE. THEREFORE, UPON DETACHMENT FROM THE JEFFERSON HE ACQUIRED A TRAVEL STATUS INCIDENT TO DIRECTED PERMANENT CHANGE OF STATION, LAST DUTY STATION TO HOME OF RECORD, AND HE WOULD BE ENTITLED TO TRAVEL PER DIEM ALLOWANCE TO THE EXTENT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS.