B-181346, JAN 17, 1975

B-181346: Jan 17, 1975

Additional Materials:

Contact:

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

 

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

WHERE MEMBER OF UNIFORMED SERVICES IS ORDERED TO MAKE PERMANENT CHANGE OF STATION FROM FORT MYER. TRAVEL STATUS AND ENTITLEMENT TO PER DIEM DOES NOT EXIST SINCE THE TEMPORARY DUTY WAS PERFORMED WITHIN THE LIMITS OF HIS OLD PERMANENT STATION (FORT MYER AND ROSSLYN BOTH BEING LOCATED IN ARLINGTON COUNTY. THE OFFICER WAS DIRECTED TO PERFORM PERMANENT CHANGE OF STATION TRAVEL FROM FORT MYER. NUMEROUS ORDERS WERE ISSUED SUBSEQUENTLY TO SPECIAL ORDERS NO. 14. HE WAS PAID THE APPROPRIATE TRAVEL AND TRANSPORTATION ALLOWANCES FOR THIS DUTY AND RETURNED TO FORT MYER UPON COMPLETION THEREOF. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE IN WEST VIRGINIA AND ROUND-TRIP TRANSPORTATION WAS PROVIDED.

B-181346, JAN 17, 1975

WHERE MEMBER OF UNIFORMED SERVICES IS ORDERED TO MAKE PERMANENT CHANGE OF STATION FROM FORT MYER, VIRGINIA, TO SOUTH VIETNAM WITH TEMPORARY DUTY EN ROUTE AT ROSSLYN, VIRGINIA, TRAVEL STATUS AND ENTITLEMENT TO PER DIEM DOES NOT EXIST SINCE THE TEMPORARY DUTY WAS PERFORMED WITHIN THE LIMITS OF HIS OLD PERMANENT STATION (FORT MYER AND ROSSLYN BOTH BEING LOCATED IN ARLINGTON COUNTY, VIRGINIA), NOTWITHSTANDING FACT THAT MEMBER PERFORMED TEMPORARY DUTY IN FLORIDA PRIOR TO DUTY AT ROSSLYN, SINCE JOINT TRAVEL REGULATIONS PROVIDE THAT A TRAVEL STATUS COMMENCES WITH HIS DEPARTURE FROM HIS PERMANENT STATION AND TERMINATES ON RETURN TO THAT STATION OR UPON REPORTING TO A NEW PERMANENT STATION. SEE PARAGRAPHS 3050-2, 3050-3, AND 1150-10A OF 1 JOINT TRAVEL REGULATIONS.

LIEUTENANT COLONEL ANCIL L. DENZLER - PER DIEM ALLOWANCE FOR TEMPORARY DUTY:

THIS ACTION ARISES AS A RESULT OF AN APPEAL BY LIEUTENANT COLONEL ANCIL L. DENZLER, USA, OF A SETTLEMENT DATED MARCH 12, 1974, BY THE TRANSPORATION AND CLAIMS DIVISION OF THIS OFFICE WHICH DENIED HIS CLAIM FOR PER DIEM ALLOWANCES FOR A PERIOD OF DUTY PERFORMED BY HIM AT THE FOREIGN SERVICE INSTITUTE, ROSSLYN, VIRGINIA, AND CACAPON STATE PARK, WEST VIRGINIA.

BY SPECIAL ORDERS NO. 14, DATED JULY 20, 1971, THE OFFICER WAS DIRECTED TO PERFORM PERMANENT CHANGE OF STATION TRAVEL FROM FORT MYER, VIRGINIA, TO SOUTH VIETNAM WITH A REPORTING DATE OF JUNE 13, 1972. THIS ORDER ALSO DIRECTED THE OFFICER TO PERFORM TEMPORARY DUTY EN ROUTE AT THE FOREIGN SERVICE INSTITUTE, ROSSLYN, VIRGINIA, FOR THE PERIOD JANUARY 13, 1972, TO MAY 3, 1972. NUMEROUS ORDERS WERE ISSUED SUBSEQUENTLY TO SPECIAL ORDERS NO. 14, WHICH AMENDED THE ORIGINAL ORDER, BY CHANGING REPORTING DATES, CHANGING THE TEMPORARY DUTY AT ROSSLYN, AND BY DIRECTING ADDITIONAL TRAVEL IN CONNECTION WITH TEMPORARY DUTY AT EGLIN AIR FORCE BASE, FLORIDA.

PURSUANT TO THE VARIOUS ORDERS ISSUED THE OFFICER PERFORMED TRAVEL INCIDENT TO ORDERED TEMPORARY DUTY AT EGLIN AIR FORCE BASE, FLORIDA, AND HULBERT AIR FORCE BASE, FLORIDA, DEPARTING FROM HIS PERMANENT DUTY STATION, FORT MYER, ON NOVEMBER 28, 1971. HE WAS PAID THE APPROPRIATE TRAVEL AND TRANSPORTATION ALLOWANCES FOR THIS DUTY AND RETURNED TO FORT MYER UPON COMPLETION THEREOF.

SUBSEQUENTLY, HE ATTENDED THE FOREIGN SERVICE INSTITUTE IN ROSSLYN, VIRGINIA, FROM JANUARY 13, 1972, THROUGH MAY 19, 1972, WITH THE EXCEPTION OF A PERIOD OF TEMPORARY DUTY AT CACAPON STATE PARK, WEST VIRGINIA, FROM FEBRUARY 9 THROUGH 11, 1972. GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE IN WEST VIRGINIA AND ROUND-TRIP TRANSPORTATION WAS PROVIDED.

THE RECORD INDICATES THAT THE MEMBER SIGNED OUT FROM FORT MYER, VIRGINIA, ON MAY 20, 1972, TO COMMENCE HIS TRAVEL TO SOUTH VIETNAM.

THE MEMBER'S CLAIM WAS DENIED BY THE SETTLEMENT OF MARCH 12, 1974, ON THE BASIS THAT THE PERIOD OF TEMPORARY DUTY IN ARLINGTON, VIRGINIA, WAS PERFORMED WITHIN THE LIMITS OF HIS OLD PERMANENT STATION AND THUS NO ENTITLEMENT TO PER DIEM ALLOWANCE UNDER THE REGULATIONS IN EFFECT AT THE TIME EXISTED. THERE WAS ALSO NOTED THE FACT THAT AS A RESULT OF THE NUMEROUS ORDERS ISSUED IN THIS CASE THAT IT APPEARED THAT THE ATTENDANCE AT THE COURSE AT ROSSLYN WAS ONLY AUTHORIZED RATHER THAN DIRECTED. IT WAS ALSO NOTED THAT THE DUTY AT CACAPON STATE PARK, WEST VIRGINIA, WAS PERFORMED WHILE IN A GROUP TRAVEL STATUS AND THAT NO PER DIEM ALLOWANCE IS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH M4201-11 OF 1 JOINT TRAVEL REGULATIONS (1 JTR) IN SUCH CIRCUMSTANCES.

PARAGRAPH M3050-1 OF 1 JTR PROVIDES IN PERTINENT PART THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS. PERSONS SHALL BE DEEMED TO BE IN TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS.

TRAVEL STATUS COMMENCES WITH THE MEMBER'S DEPARTURE FROM HIS PERMANENT DUTY STATION AND TERMINATES ON HIS RETURN TO HIS PERMANENT STATION OR UPON HIS REPORTING TO A NEW PERMANENT STATION. SEE PARAGRAPHS 3050-2 AND 3050- 3, 1 JTR. PARAGRAPH M1150-10A, 1 JTR, PROVIDES THAT A PERMANENT DUTY STATION IS DEFINED AS THE POST OF DUTY TO WHICH A MEMBER IS ASSIGNED, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED.

IN THIS CONNECTION, IT IS NOTED THAT ROSSLYN, VIRGINIA, AND FORT MYER, VIRGINIA, ARE BOTH WITHIN THE CORPORATE LIMITS OF ARLINGTON, VIRGINIA, AND THAT IT HAS BEEN HELD THAT A PERMANENT DUTY ASSIGNMENT AT A STATION IN ARLINGTON COUNTY, VIRGINIA, SHOULD BE CONSIDERED AS A PERMANENT DUTY ASSIGNMENT WITHIN THE CORPORATE LIMITS OF A CITY (BOUNDARIES OF THE COUNTY) WITHIN THE CONTEMPLATION OF PARAGRAPH 1150 10A OF 1 JTR. SEE 52 COMP. GEN. 751 (1973).

THUS, WHILE THE ORDERS ISSUED IN THIS CASE SEEM TO INDICATE THE MEMBER WAS IN A TRAVEL STATUS DURING THE ENTIRE PERIOD INVOLVED, THE FACTS AS PRESENTED SHOW THE MEMBER PERFORMED TEMPORARY DUTY IN FLORIDA AND THEN RETURNED TO HIS OLD PERMANENT STATION (FORT MYER) PRIOR TO REPORTING TO HIS NEW PERMANENT STATION. IN THAT CONNECTION THE RECORD INDICATES AS NOTED ABOVE THAT HE SIGNED OUT FROM HIS OLD DUTY STATION FORT MYER ON MAY 20, 1972, TO COMMENCE TRAVEL TO HIS NEW PERMANENT DUTY STATION IN VIETNAM. THUS, WHILE PERFORMING TEMPORARY DUTY DURING THE PERIOD INVOLVED, HE WAS NOT IN A TRAVEL STATUS WITHIN THE MEANING OF THAT TERM AS DEFINED IN THE JOINT TRAVEL REGULATIONS SO AS TO BE ENTITLED TO PER DIEM ALLOWANCES FOR THE PERIOD SINCE THE TEMPORARY DUTY WAS PERFORMED IN ARLINGTON COUNTY IN WHICH BOTH ROSSLYN AND FORT MYER ARE BOTH LOCATED. INDICATED ABOVE, THE DUTY AT CACAPON STATE PARK, WEST VIRGINIA, WAS PERFORMED WHILE IN A GROUP TRAVEL STATUS, GOVERNMENT TRANSPORTATION, QUARTERS AND MESSING FACILITIES BEING PROVIDED AND AS A RESULT NO PER DIEM ALLOWANCE IS AUTHORIZED. SEE PARAGRAPH M4201-11 OF 1 JTR, IN EFFECT AT THE TIME.

ACCORDINGLY, THE ACTION OF THE TRANSPORTATION AND CLAIMS DIVISION IN DISALLOWING THE CLAIM MUST BE SUSTAINED.