B-171923, APR 29, 1971

B-171923: Apr 29, 1971

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CLAIMANT WAS AUTHORIZED UPON REASSIGNMENT FROM VIETNAM TO CAMP ZAMA. UNDER THESE CIRCUMSTANCES PER DIEM FOR TIME AT CAMP ZAMA IS NOT ALLOWED SINCE EMPLOYEE IS NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT HIS PERMANENT STATION. ALTHOUGH EMPLOYEE WAS AUTHORIZED TO STOP OVER IN HONOLULU ON THE WAY TO AND FROM JAPAN. REQUESTING A DECISION WHETHER PAYMENT IS AUTHORIZED TO MR. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 71- 6 AND FORWARDED HERE UNDER SECOND INDORSEMENT DATED FEBRUARY 12. HE WAS ASSIGNED TO CAMP ZAMA FOR DUTY AND PLACED ON TEMPORARY DUTY AT THE SAME PLACE FOR 30 DAYS. A DELAY OF 10 DAYS WAS AUTHORIZED IN HONOLULU EN ROUTE TO WASHINGTON. 5 DAYS LEAVE WAS AUTHORIZED IN HONOLULU EN ROUTE TO JAPAN.

B-171923, APR 29, 1971

MILITARY PERSONNEL - CHANGE OF STATION - PER DIEM DISALLOWING CLAIM OF WILLIAM S. MOYER, DAC, FOR PER DIEM FOR TEMPORARY DUTY AT NEW DUTY STATION AND FOR STOPOVERS MADE ON WAY TO NEW STATION. CLAIMANT WAS AUTHORIZED UPON REASSIGNMENT FROM VIETNAM TO CAMP ZAMA, JAPAN, 30 DAYS HOME LEAVE IN THE CONTINENTAL U.S. AND CONCURRENT TRAVEL OF DEPENDENTS FROM HONOLULU TO WASHINGTON, D.C. AND FROM THE LATTER CITY TO JAPAN. CLAIMANT ALSO SPENT 30 DAYS ON TEMPORARY DUTY ASSIGNMENT AT CAMP ZAMA AFTER DEPARTING FROM VIETNAM AND BEFORE BEGINNING REEMPLOYMENT LEAVE IN THE U.S. UNDER THESE CIRCUMSTANCES PER DIEM FOR TIME AT CAMP ZAMA IS NOT ALLOWED SINCE EMPLOYEE IS NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT HIS PERMANENT STATION. IN ADDITION, ALTHOUGH EMPLOYEE WAS AUTHORIZED TO STOP OVER IN HONOLULU ON THE WAY TO AND FROM JAPAN, SUCH STOPOVERS MUST BE REGARDED AS BEING FOR HIS PERSONAL CONVIENCE (TO PICK UP DEPENDENTS AND PROVIDE FOR SHIPMENT OF HOUSEHOLD GOODS) PRECLUDING ANY PAYMENT OF PER DIEM.

TO MAJOR R. G. FRIEDMAN:

WE AGAIN REFER TO YOUR LETTER OF JUNE 26, 1970, REFERENCE USARJ CO FA, REQUESTING A DECISION WHETHER PAYMENT IS AUTHORIZED TO MR. WILLIAM S. MOYERS, DAC, ON ENCLOSED VOUCHERS REPRESENTING HIS CLAIMS FOR TRAVEL PERFORMED BY HIM AND HIS DEPENDENTS IN CONJUNCTION WITH PERMANENT CHANGE OF ASSIGNMENT AND REEMPLOYMENT LEAVE, AND FOR PER DIEM FOR TEMPORARY DUTY AT THE NEW DUTY STATION. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 71- 6 AND FORWARDED HERE UNDER SECOND INDORSEMENT DATED FEBRUARY 12, 1971, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

UPON COMPLETION OF A TOUR OF DUTY IN THE REPUBLIC OF VIETNAM, MR. MOYERS SIGNED A RENEWAL AGREEMENT FOR A NEW TOUR OF DUTY AT CAMP ZAMA, JAPAN. TRAVEL ORDER NO. 145-69, DATED MAY 21, 1969, HE WAS ASSIGNED TO CAMP ZAMA FOR DUTY AND PLACED ON TEMPORARY DUTY AT THE SAME PLACE FOR 30 DAYS. THE ORDERS AUTHORIZED 30 DAYS HOME LEAVE IN THE CONTINENTAL UNITED STATES AND CONCURRENT TRAVEL OF DEPENDENTS (SONS) FROM HONOLULU, HAWAII, TO WASHINGTON, D.C., AND FROM THE LATTER CITY TO JAPAN. A DELAY OF 10 DAYS WAS AUTHORIZED IN HONOLULU EN ROUTE TO WASHINGTON, D. C., FOR THE PURPOSE OF PICKING UP THE DEPENDENTS, AND 5 DAYS LEAVE WAS AUTHORIZED IN HONOLULU EN ROUTE TO JAPAN. APPARENTLY, THE DELAY ON THE RETURN TRIP WAS TO ARRANGE FOR SHIPMENT OF HOUSEHOLD EFFECTS.

THE EMPLOYEE DEPARTED VIETNAM ON JUNE 3, 1969, AND ARRIVED AT CAMP ZAMA THE SAME DAY FOR TEMPORARY DUTY. UPON COMPLETION OF SUCH DUTY, HE DEPARTED CAMP ZAMA ON JULY 14, 1969, FOR REEMPLOYMENT LEAVE IN THE CONTINENTAL UNITED STATES. HE FIRST TRAVELED TO HONOLULU WHERE HE WAS JOINED BY THREE DEPENDENTS WHO ACCOMPANIED HIM TO WASHINGTON, D. C. HE AND THE DEPENDENTS RETURNED TO CAMP ZAMA VIA HONOLULU. HE ARRIVED AT CAMP ZAMA ON AUGUST 14, 1969, WITH TWO DEPENDENTS. THE THIRD JOINED HIM AT HIS STATION 2 WEEKS LATER.

IN THESE CIRCUMSTANCES YOU REQUEST OUR DECISION ON QUESTIONS STATED IN YOUR BASIC LETTER OF NOVEMBER 6, 1969, AS FOLLOWS:

"A. IS THE EMPLOYEE ENTITLED TO PER DIEM FOR THE PERIOD OF TDY PERFORMED AT CAMP ZAMA, JAPAN FROM 3 JUNE 1969 TO 14 JULY 1969?

"B. ARE MAC EXCESS COSTS PROPERLY CHARGEABLE TO EMPLOYEE FOR THE EMPLOYEE'S 'STOP-OVERS' IN HAWAII ENROUTE TO AND FROM CONUS DURING RE EMPLOYMENT LEAVE, UNDER PROVISIONS OF USARPAC GPCO-FF LETTER, SUBJECT: 'GOV'T COSTS OF OFFICIAL PASSENGER TRAVEL BY MILITARY AIRLIFT COMMAND', 20 AUGUST 1968?

"C.ARE MAC EXCESS COSTS PROPERLY CHARGEABLE TO EMPLOYEE FOR DEPENDENTS' 'STOP-OVERS' IN HAWAII ENROUTE FROM CONUS IN CONJUNCTION WITH EMPLOYEE'S RE-EMPLOYMENT LEAVE?"

SECTION 5702(A) OF TITLE 5, U.S.C., PROVIDES THAT AN EMPLOYEE WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY IS ENTITLED TO A PER DIEM ALLOWANCE PRESCRIBED BY THE AGENCY CONCERNED. PARAGRAPH C1100 OF THE JOINT TRAVEL REGULATIONS FOR CIVILIAN PERSONNEL OF THE MILITARY DEPARTMENTS DEFINES "TEMPORARY DUTY STATION" AS THE LOCATION OF AN ACTIVITY, AREA, OR PLACE OF DUTY TO WHICH AN EMPLOYEE IS ASSIGNED TEMPORARILY IN CONNECTION WITH GOVERNMENT BUSINESS AND FROM WHICH HE WILL PROCEED OR RETURN TO HIS PERMANENT DUTY STATION. THE SAME PARAGRAPH DEFINES "TEMPORARY DUTY TRAVEL" AS TRAVEL TO ONE OR MORE PLACES AWAY FROM A PERMANENT DUTY STATION TO PERFORM DUTY FOR A TEMPORARY PERIOD OF TIME AND UPON COMPLETION OF ASSIGNMENT RETURN TO OR PROCEED TO PERMANENT DUTY STATION.

PARAGRAPH C3001-1 OF THE SAME REGULATIONS PROVIDES THAT TEMPORARY DUTY TRAVEL INCLUDES ASSIGNMENTS OF A TEMPORARY NATURE AWAY FROM AN EMPLOYEE'S PERMANENT DUTY STATION. IN ADDITION, PARAGRAPH 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROMULGATED BY THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO 5 U.S.C. 5707, PROVIDES THAT PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION.

IT LONG HAS BEEN THE VIEW OF THIS OFFICE THAT AN EMPLOYEE IS NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT HIS PERMANENT STATION. 30 COMP. GEN. 94 (1950) AND 32 COMP. GEN. 493 (1953). SEE ALSO 34 COMP. GEN. 427 (1955) AND 38 COMP. GEN. 697 (1959). SINCE UNDER THE ORDERS OF MAY 21, 1969, CAMP ZAMA WAS MR. MOYERS' DESIGNATED PERMANENT STATION AT THE TIME THE TEMPORARY DUTY WAS PERFORMED NO PER DIEM IS AUTHORIZED.

SECTION 5728 OF TITLE 5, U.S.C., AUTHORIZED THE EXPENSES OF ROUND TRIP TRAVEL OF AN EMPLOYEE AND TRANSPORTATION OF HIS IMMEDIATE FAMILY FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF HIS ACTUAL RESIDENCE AT THE TIME OF HIS APPOINTMENT OR TRANSFER TO THE POST OF DUTY, AFTER HE HAS SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OUTSIDE THE CONTINENTAL UNITED STATES AND IS RETURNING TO HIS ACTUAL PLACE OF RESIDENCE TO TAKE LEAVE BEFORE SERVING AT THE SAME OR ANOTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES UNDER A WRITTEN AGREEMENT MADE BEFORE DEPARTING FROM THE POST OF DUTY.

PARAGRAPH C4152-1A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT RENEWAL AGREEMENT TRAVEL IS ALLOWED FROM AN EMPLOYEE'S OVERSEAS POST OF DUTY TO THE EMPLOYEE'S PLACE OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT AND TRANSFER TO THE OVERSEAS DUTY POST AND RETURN TO THE SAME OR ANOTHER OVERSEAS POST OF DUTY. PARAGRAPH C6000 OF THOSE REGULATIONS PROVIDES THAT TRAVEL PERFORMED OTHER THAN BY THE USUALLY TRAVELED ROUTE MUST BE JUSTIFIED AS OFFICIALLY NECESSARY. WHEN FOR HIS OWN CONVENIENCE, A PERSON TRAVELS BY AN INDIRECT ROUTE, OR INTERRUPTS TRAVEL BY A DIRECT ROUTE, THE EXPENSE WILL BE BORNE BY HIM.

PARAGRAPH C7004 OF THE JOINT TRAVEL REGULATIONS, AS EFFECTIVE DURING THE PERIOD HERE INVOLVED, PROVIDED THAT TRANSPORTATION OF AN EMPLOYEE'S DEPENDENTS COULD BE AUTHORIZED IN CONNECTION WITH RENEWAL AGREEMENT OF THE EMPLOYEE AND THAT THE POINT OF DESTINATION MUST BE THE SAME AS THAT FOR THE EMPLOYEE. IT FURTHER PROVIDED THAT DEPENDENTS WHO DID NOT TRAVEL TO AN OVERSEAS STATION DURING THE PRECEDING TOUR OF DUTY WOULD BE AUTHORIZED ROUND-TRIP OR ONE-WAY TRAVEL, AS APPROPRIATE, IN CONNECTION WITH THE EMPLOYEE'S RENEWAL AGREEMENT.

IN THE PRESENT CASE, THE EMPLOYEE'S TRAVEL WAS AUTHORIZED FROM HIS OVERSEAS POST OF DUTY, CAMP ZAMA, TO HIS RESIDENCE, WASHINGTON, D. C., AND RETURN BY THE USUALLY TRAVELED ROUTE. HE WAS PERMITTED TO STOP OVER AT HAWAII EN ROUTE TO THE UNITED STATES AS WELL AS ON THE WAY BACK TO JAPAN. HOWEVER, SUCH STOPOVERS MUST BE REGARDED AS BEING FOR HIS PERSONAL CONVENIENCE THUS PRECLUDING ANY PAYMENT OF PER DIEM FOR SUCH STOPOVERS. THE SAME WOULD BE APPLICABLE TO DEPENDENTS.

THE VOUCHERS ARE RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.