B-79676, SEPTEMBER 14, 1948, 28 COMP. GEN. 166

B-79676, SEPTEMBER 14, 1948, 28 COMP. GEN. 166

SUBSISTENCE - PER DIEMS - NAVAL RESERVE OFFICERS ORDERED FROM PLACE OF TEMPORARY ACTIVE DUTY TO ANOTHER PLACE FOR TEMPORARY ADDITIONAL DUTY NAVAL RESERVE OFFICERS WHO ARE ORDERED TO PROCEED TO A SPECIFIC LOCATION FOR TEMPORARY ACTIVE DUTY AND WHO SUBSEQUENTLY ARE ORDERED TO ONE OR MORE OTHER LOCATIONS FOR TEMPORARY ADDITIONAL DUTY UPON THE COMPLETION OF WHICH THEY ARE TO RETURN TO THEIR ORIGINAL TEMPORARY DUTY STATION MAY BE CONSIDERED FOR THE PERIOD OF SUCH TEMPORARY ADDITIONAL DUTY AS BEING "AWAY FROM THEIR DESIGNATED POSTS OF DUTY" WITHIN THE MEANING OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, SO THAT PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID WHILE ON SUCH TEMPORARY ADDITIONAL DUTY. 26 COMP. GEN. 557, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 14, 1948:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23, 1948, WITH ENCLOSURES, WHEREIN YOU REQUEST A DECISION AS TO WHETHER PERSONNEL OF THE NAVAL RESERVE WHO ARE ORDERED TO PROCEED TO A SPECIFIC LOCATION FOR TEMPORARY ACTIVE DUTY AND WHO SUBSEQUENTLY ARE ORDERED TO ONE OR MORE OTHER LOCATIONS FOR TEMPORARY ADDITIONAL DUTY UPON COMPLETION OF WHICH THEY ARE TO RETURN TO THE FORMER PLACE, MAY BE PAID A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE WHILE ON SUCH TEMPORARY ADDITIONAL DUTY.

THE OBJECT AND PURPOSE OF SUCH CONTEMPLATED ASSIGNMENTS ARE SET FORTH IN A LETTER DATED JUNE 30, 1948, FROM THE CHIEF OF NAVAL PERSONNEL (TRANSMITTED AS AN ENCLOSURE) IN PART AS FOLLOWS:

SUBJECT: PERSONNEL ON TEMPORARY ACTIVE DUTY, PAYMENT OF PER DIEM TO -- 1REQUEST FOR DECISION CONCERNING.

REF: (A) BUPERS LTR PERS-1D9-DEH SER. F-683 DTD 21 APRIL 1948.

(B) COMP./GEN DECISION B-74143 DTD 13 APRIL 1948.

ENCL: (A) COPY OF REFERENCE (A).

1. REFERENCE (A) ESTABLISHED A TEMPORARY ACTIVE DUTY STATUS IN ORDER TO PROVIDE FOR THE EMPLOYMENT ON ACTIVE DUTY, FOR SHORT PERIODS, OF LIMITED NUMBERS OF QUALIFIED NAVAL RESERVE PERSONNEL IN CONNECTION WITH THE ORGANIZATION, ADMINISTRATION, AND TRAINING OF THE NAVAL RESERVE. PERSONNEL SO ORDERED WILL BE USED TO COMPLETE PROJECTS OF A TRANSIENT NATURE, THE ACCOMPLISHMENT OF WHICH IS PRESENTLY BEING HINDERED THROUGH A LACK OF PERSONNEL IN ACTIVE DUTY ALLOWANCES.

2. IT IS PLANNED TO ORDER THESE TEMPORARY ACTIVE DUTY PERSONNEL DIRECTLY TO LOCATIONS AT WHICH THEIR SERVICES MAY BE UTILIZED IN ACCOMPLISHING SPECIFIC PROJECTS FOR WHICH THE INDIVIDUALS ARE BEST QUALIFIED. WHILE A LARGE PERCENTAGE OF THESE TEMPORARY ACTIVE DUTY PERSONNEL WILL SPEND THEIR TOUR OF DUTY AT THE LOCATION TO WHICH ORIGINALLY ORDERED, IT IS PROBABLE THAT OTHERS, BECAUSE OF THEIR TECHNICAL ABILITIES AND THE NEED FOR THEIR SERVICES IN OTHER LOCATIONS, WILL BE ORDERED BY THE COGNIZANT COMMANDANT TO TEMPORARY ADDITIONAL DUTY IN OTHER CITIES WHERE THEIR SKILLS ARE REQUIRED IN OTHER NAVAL RESERVE FACILITIES. PERSONNEL IN THIS CATEGORY ARE THOSE QUALIFIED TO INSTALL SPECIALIZED TRAINING EQUIPMENT IN TRAINING CENTERS. OVER THE PERIOD OF THEIR TEMPORARY ACTIVE DUTY SUCH PERSONNEL MAY BE ORDERED SUCCESSIVELY BY THE COMMANDANT TO SEVERAL LOCATIONS IN THE NAVAL DISTRICT, WITHIN A REASONABLE DISTANCE OF THEIR PRIMARY DUTY STATION TO WHICH ORDERED BY THE BUREAU OF NAVAL PERSONNEL.

3. REFERENCE (B) STATES IN PART THAT RESERVE OFFICERS ORDERED TO TEMPORARY ACTIVE DUTY, FOR TRAINING DUTY, OR OTHERWISE, UPON COMPLETION OF WHICH THEY ARE TO RETURN TO THEIR HOMES AND CONSIDER THEMSELVES RELEASED FROM ACTIVE DUTY, ARE NOT ENTITLED TO BE PAID A PER DIEM IN LIEU OF SUBSISTENCE. WHILE THIS WORDING IS VERY GENERAL IN NATURE AND APPEARS TO PRECLUDE THE PAYMENT OF PER DIEM TO ANY PERSONNEL IN A TEMPORARY ACTIVE DUTY STATUS, IT IS CONSIDERED THAT THE CASE WHICH BROUGHT ABOUT THE DECISION FROM WHICH THE ABOVE IS QUOTED DIFFERS RADICALLY FROM THE ONE WHICH WILL BE PRESENTED BY IMPLEMENTATION OF REFERENCE (A).

THE FACTS UPON WHICH THE CONCLUSION WAS REACHED IN THE CITED DECISION OF APRIL 13, 1948, B-74143, WHICH INVOLVED TRAINING DUTY OF OFFICERS OF THE NAVAL RESERVE NEED NOT BE HERE REPEATED INASMUCH AS IT SEEMS TO BE RECOGNIZED THAT THE STATUS SOUGHT TO BE ESTABLISHED FOR PERSONNEL OF THE NAVAL RESERVE IN CONNECTION WITH ITS ORGANIZATION, ADMINISTRATION, AND TRAINING IS RADICALLY DIFFERENT.

THE SECOND PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 859, PROVIDES, IN PERTINENT PART, THAT---

* * * THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $7, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM SUCH POSTS. * * *

IT WILL BE NOTED THAT A PER DIEM IN LIEU OF SUBSISTENCE IS AUTHORIZED TO BE PRESCRIBED FOR OFFICERS ONLY FOR PERIODS THAT THEY ARE "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' DECISION OF FEBRUARY 4, 1947, 26 COMP. GEN. 557, IT WAS HELD THAT RETIRED NAVY OFFICERS AND NAVAL RESERVE OFFICERS WHO ARE ORDERED TO A PARTICULAR POINT FOR TEMPORARY ACTIVE DUTY, UPON THE COMPLETION OF WHICH THEY ARE TO RETURN TO THEIR HOMES, ARE NOT ENTITLED TO A PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD OF SUCH TEMPORARY DUTY. THAT DECISION WAS PREDICATED ON THE FACT THAT SINCE SUCH OFFICERS HAD NO PERMANENT STATION, EITHER ACTUAL OR POTENTIAL--- CF. 27 COMP. GEN. 253- - THE PLACE TO WHICH THEY WERE ORDERED FOR TEMPORARY ACTIVE DUTY CONSTITUTED THEIR ONLY DESIGNATED POST OF DUTY AND, HENCE, WHILE SO SERVING THEY WERE NOT TRAVELING AWAY FROM THEIR DESIGNATED POST OF DUTY. HOWEVER, IT SEEMS THAT IF SUCH AN OFFICER UNDER COMPETENT ORDERS IS DIRECTED TO PROCEED FROM THE PLACE TO WHICH HE WAS ORDERED FOR TEMPORARY ACTIVE DUTY TO ANOTHER PLACE FOR TEMPORARY ADDITIONAL DUTY, UPON COMPLETION OF WHICH HE IS TO RETURN TO THE FORMER PLACE, HE WOULD, DURING THE PERIOD OF HIS TEMPORARY ADDITIONAL DUTY, BE TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.

IT IS TO BE UNDERSTOOD, OF COURSE, THAT NOTHING HEREIN IS TO BE CONSIDERED AS APPROVING ANY PRACTICE OF ORDERING SUCH PERSONNEL TO TEMPORARY ACTIVE DUTY AT A PLACE OTHER THAN THE PLACE IT IS INTENDED THEIR PRIMARY DUTIES WILL BE PERFORMED AND THEN SUBSEQUENTLY ORDERING THEM TO ANOTHER PLACE--- WHERE THEIR PRIMARY DUTIES ACTUALLY WILL BE PERFORMED--- FOR TEMPORARY ADDITIONAL DUTY SOLELY FOR THE PURPOSE OF PAYING THEM A PER DIEM IN LIEU OF SUBSISTENCE AT THE LATTER PLACE. COMPARE DECISION OF APRIL 13, 1948, SUPRA. AND, IN THAT CONNECTION, THERE MAY BE FOR CONSIDERATION, IN PARTICULAR CASES, THE RELATIVE DURATION OF THE TIME SPENT BY AN OFFICER AT THE PLACE TO WHICH HE MAY BE ORDERED FOR TEMPORARY ACTIVE DUTY AND THE TIME HE MIGHT SPEND AT OTHER PLACES ON TEMPORARY ADDITIONAL DUTY.