Entitlement of Military Member to Per Diem Allowance While Performing Temporary Duty

A Marine Corps disbursing officer requested an advance decision concerning an enlisted member's entitlement to per diem allowace for a period of temporary duty under instruction. Upon completion of his basic training, the newly enlisted member was assigned to three subsequent periods of temporary duty with no permanent duty station designated. During the last period of temporary duty, the member was advanced $35 per day for living expenses, because the commanding officer had stated that adequate quarters were unavailable and that the use of Government messing facilities was considered impracticable. The disbursing officer questioned the member's entitlement to the per diem allowance. A regulation provides that members of the uniformed services are entitled to travel and transportation allowances upon a change of permanent station or when away from their designated post of duty. Members are entitled to travel and transportation allowances only while actually in a "travel status;" temporary duty is included in the definition of "travel status." However, the same regulation provides that no per diem allowance is payable for periods of temporary duty performed by a member who is ordered to active duty under orders which do not designate a specific duty station to which the member is to proceed upon the completion of the temporary duty. GAO has previously held that a newly enlisted member who, on completion of basic training, receives orders to temporary duty and further assignment is not entitled to per diem for the periods of temporary duty. In the present case, it was concluded that the member was not entitled to receive a per diem allowance. Because he had no other station designated as his permanent duty station, the temporary duty station constituted his only designated post of duty. Thus, while serving there, he would not be traveling away from a permanent station. Consequently, the member was not in a travel status, and payment of the per diem allowance was unauthorized.