B-176232, DEC 21, 1972

B-176232, DEC 21, 1972

MILITARY PERSONNEL - PER DIEM EXPENSES - TEMPORARY DUTY PRIOR TO RELOCATION DECISION ALLOWING THE PAYMENT OF PER DIEM EXPENSES FOR LT. (JG) MICHAEL E. MAIERLA INCIDENT TO THE RELOCATION OF PATROL SQUADRON 8 FROM PATUXENT RIVER, MD., TO THE NAVAL AIR STATION, BRUNSWICK, ME. CLAIMANT'S REPORTING FOR TEMPORARY DUTY AT PATUXENT, PRIOR TO THE RELOCATION OF HIS SQUADRON AT BRUNSWICK, ME., IS REIMBURSABLE FOR PER DIEM UNDER JTR M3003-2A WHICH DEFINES "TEMPORARY DUTY" AS A DUTY STATION OTHER THAN THE PERMANENT STATION. ALSO, JTR M4209 ALLOWS REIMBURSEMENT WHEN A MEMBER IS DIRECTED TO REPORT TO THE PERMANENT STATION UPON COMPLETION OF DUTY AT THE TEMPORARY STATION. ACCORDINGLY, PAYMENT OF PER DIEM IS ALLOWED ONLY FOR CLAIMANT'S EXPENSES INCURRED AT PATUXENT RIVER, MD., THE TEMPORARY DUTY STATION.

TO MR. R. T. BABBIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29, 1972, RECEIVED IN THIS OFFICE JUNE 14, 1972, IN WHICH YOU REQUEST A DECISION AS TO THE LEGALITY OF PAYMENT OF PER DIEM ALLOWANCE IN THE CASE OF LIEUTENANT (JG) MICHAEL E. MAIERLE, XXX-XX-XXXX, USN. YOUR SUBMISSION HAS BEEN ASSIGNED PDTATAC CONTROL NO. 72-21 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

ON FEBRUARY 16, 1971, THE CHIEF OF NAVAL OPERATIONS PROMULGATED A CHANGE OF PERMANENT DUTY STATION OF PATROL SQUADRON 8 FROM PATUXENT RIVER, MARYLAND, TO NAVAL AIR STATION, BRUNSWICK, MAINE, EFFECTIVE JULY 1, 1971.

BY BUPERS ORDER 103657 DATED DECEMBER 16, 1970, LIEUTENANT MAIERLE WAS ORDERED ON COMPLETION OF INSTRUCTION AT NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, TO REPORT FOR TEMPORARY DUTY AT NORFOLK, VIRGINIA, FOR ABOUT 9 WEEKS UPON COMPLETION OF WHICH HE WAS TO REPORT TO PATROL SQUADRON 30, NAS PATUXENT RIVER, MARYLAND, FOR TEMPORARY DUTY FOR ABOUT 8 WEEKS AND ON COMPLETION OF THAT DUTY HE WAS TO PROCEED TO THE PORT IN WHICH PATROL SQUADRON 8 MAY BE.

WHILE PERFORMING TEMPORARY DUTY AT NORFOLK, VIRGINIA, LIEUTENANT MAIERLE WAS INFORMED OF THE ABOVE-MENTIONED MESSAGE OF THE CHIEF OF NAVAL OPERATIONS WHICH CHANGED THE HOME PORT OF PATROL SQUADRON 8 FROM PATUXENT RIVER, MARYLAND, TO NAS BRUNSWICK, MAINE, EFFECTIVE JULY 1, 1971. HE WAS ALSO INFORMED THAT REIMBURSEMENT FOR DEPENDENT TRAVEL AND SHIPMENT OF HOUSEHOLD GOODS TO NAS PATUXENT RIVER COMMENCING AFTER FEBRUARY 16, 1971, PURSUANT TO HIS BUPERS ORDER WOULD NOT BE AUTHORIZED.

THE RECORD INDICATES THAT LIEUTENANT MAIERLE REPORTED FOR DUTY WITH PATROL SQUADRON 30, NAS PATUXENT RIVER, MARYLAND, APRIL 7, 1971, AND AND DEPARTED PATROL SQUADRON 30, JUNE 8, 1971, REPORTING TO PATROL SQUADRON 8 PATUXENT RIVER, MARYLAND, JUNE 8, 1971. ORDERS WERE ISSUED JUNE 8, 1971, DIRECTING HIM TO REPORT TO PATROL SQUADRON 8, NAS BRUNSWICK, MAINE, NOT LATER THAN JUNE 30, 1971. HE DEPARTED NAS PATUXENT RIVER, MARYLAND, JUNE 9, 1971, AND REPORTED FOR DUTY JUNE 30, 1971, AT NAS BRUNSWICK, MAINE.

YOU INDICATE THAT LIEUTENANT MAIERLE HAS BEEN PAID A DISLOCATION ALLOWANCE AND DEPENDENTS' TRAVEL FROM PENSACOLA, FLORIDA, TO BRUNSWICK, MAINE. YOU REQUEST A DECISION CONCERNING HIS ENTITLEMENT TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AT PATUXENT RIVER.

BY SECOND ENDORSEMENT TO YOUR LETTER THE DIRECTOR, NAVY MILITARY PAY SYSTEM INDICATES THAT SINCE LIEUTENANT MAIERLE WAS ADVISED THAT PATROL SQUADRON 8'S PERMANENT DUTY STATION WOULD BE BRUNSWICK, MAINE, AND NOT PATUXENT IT APPEARS HE MAY BE ENTITLED TO PER DIEM FOR THE ENTIRE PERIOD OF TIME WHILE AT PATUXENT RIVER.

THE CHIEF OF NAVAL PERSONNEL IN THE THIRD ENDORSEMENT TO YOUR LETTER INDICATES THAT LIEUTENANT MAIERLE REPORTED FOR DUTY JUNE 8, 1971, TO PATROL SQUADRON 8, PATUXENT RIVER, MARYLAND, AND WAS ORDERED TO BRUNSWICK, MAINE, BY ORDERS OF JUNE 8 WHICH ALLOWED 2 DAYS' TRAVEL, 4 DAYS' PROCEED AND UNSPECIFIED DELAY TO COUNT AS LEAVE. HE ALSO STATES THAT ALTHOUGH LIEUTENANT MAIERLE DEPARTED PATUXENT RIVER JUNE 9, 1971, AND REPORTED TO BRUNSWICK, MAINE, JUNE 30, 1971, HE WAS NOT REQUIRED TO COMMENCE TRAVEL IN COMPLIANCE WITH HIS ORDERS UNTIL JUNE 29, 1971. THEREFORE, IN VIEW OF OUR DECISION B-151257, JULY 22, 1963, 43 COMP. GEN. 73, JUNE 29, 1971, WAS THE EFFECTIVE DATE OF HIS ORDERS AND THERE APPEARS TO BE NO ENTITLEMENT TO PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AT PATUXENT RIVER, MARYLAND.

SECTION 404(A) OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED "WHEN AWAY FROM HIS DESIGNATED POST OF DUTY." CONSEQUENTLY, REGARDLESS OF ANY OTHER CONSIDERATIONS, NO AUTHORITY EXISTS FOR THE PAYMENT OF THOSE ALLOWANCES INCIDENT TO TEMPORARY DUTY UNLESS SUCH TEMPORARY DUTY IS PERFORMED AT A POINT REMOVED FROM THE MEMBER'S DESIGNATED POST OF DUTY OR PERMANENT STATION.

IT IS WELL ESTABLISHED THAT A MEMBER WHO, AFTER DETACHMENT FROM HIS OLD PERMANENT STATION, PERFORMS TEMPORARY DUTY AT HIS NEW PERMANENT STATION WHICH IS THEN HIS DESIGNATED POST OF DUTY MAY NOT BE VIEWED AS BEING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE CONTEMPLATION OF 37 U.S.C. 404, DURING THE PERIOD OF SUCH TEMPORARY DUTY. 37 COMP. GEN. 140 (1957); 38 COMP. GEN. 656 (1959) AND 38 COMP. GEN. 697, 699 (1959).

PARAGRAPH M3003-2A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE TERM "TEMPORARY DUTY" MEANS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION. PARAGRAPH M4209 OF THESE REGULATIONS PROVIDES FURTHER THAT A MEMBER WILL NOT BE ENTITLED TO PER DIEM FOR TEMPORARY DUTY UNDER ORDERS WHICH DESIGNATE HIS TEMPORARY DUTY STATION AS HIS PERMANENT STATION, EFFECTIVE EITHER IMMEDIATELY OR ON A LATER DATE, UNLESS THE CHANGE-OF STATION ORDERS SPECIFICALLY DIRECT HIS RETURN TO THE OLD PERMANENT STATION ON OFFICIAL BUSINESS. 34 COMP. GEN. 427 (1955).

HOWEVER, IN THE CASE BEFORE US LIEUTENANT MAIERLE WAS SPECIFICALLY INFORMED THAT THE TRANSPORTATION OF HOUSEHOLD GOODS AND DEPENDENT TRAVEL WERE NOT AUTHORIZED TO PATUXENT RIVER, MARYLAND. HE REPORTED TO PATROL SQUADRON 8 AT PATUXENT RIVER ON JUNE 8 AND WAS IMMEDIATELY ISSUED ORDERS AUTHORIZING HIM TO DEPART ON LEAVE AND REPORT AT BRUNSWICK NOT LATER THAN JULY 1, 1971, THE EFFECTIVE DATE OF THE SQUADRON'S CHANGE OF PERMANENT STATION. HENCE, IT APPARENTLY WAS NOT INTENDED THAT HE WOULD ACTUALLY REPORT TO PATROL SQUADRON 8 FOR THE PURPOSE OF PERFORMING HIS NORMAL DUTIES UNTIL AFTER THE SQUADRON HAD MOVED TO NAS BRUNSWICK, MAINE. THUS, IT IS OUR VIEW THAT LIEUTENANT MAIERLE MAY BE CONSIDERED AS CONTINUING IN A TEMPORARY DUTY STATUS WHILE HE REMAINED AT PATUXENT RIVER, MARYLAND.

ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH AND PAYMENT OF PER DIEM ALLOWANCE FOR THE PERIOD OF TEMPORARY DUTY AT PATUXENT RIVER, MARYLAND IS AUTHORIZED.