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B-176653, DEC 13, 1972

B-176653 Dec 13, 1972
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THEN HE IS NOT ENTITLED TO ANY ALLOWANCES FOR TEMPORARY DUTY OR RETURN TRAVEL. RATHER HE IS ONLY ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES. HARRELL: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 27. TO TRAVEL ALLOWANCES INCIDENT TO TEMPORARY DUTY AND PERMANENT CHANGE-OF STATION TRAVEL WHICH WAS PERFORMED UNDER THE DESCRIBED CIRCUMSTANCES. WAS FORWARDED HERE ON JULY 26. COLONEL CASE WAS DIRECTED TO PERFORM TEMPORARY DUTY AT DAVIS-MONTHAN AIR FORCE BASE. THE ORDERS INDICATED THAT THIS TEMPORARY DUTY WAS IN CONJUNCTION WITH A PERMANENT CHANGE OF STATION TO DAVIS-MONTHAN AIR FORCE BASE. COLONEL CASE WAS TO RETURN TO HIS PERMANENT STATION. SPECIAL ORDER A-1003 WAS SUPPOSEDLY REVOKED BY SPECIAL ORDER A-1050.

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B-176653, DEC 13, 1972

MILITARY PERSONNEL - TEMPORARY DUTY - PERMANENT CHANGE OF STATION DECISION DENYING THE CLAIM OF LT. COL. TED K. CASE, USAF FOR TRAVEL ALLOWANCE INCIDENT TO TEMPORARY DUTY AND PERMANENT CHANGE OF STATION TRAVEL TO DAVIS-MONTHAN AIR FORCE BASE, ARIZ. WHERE A MEMBER RECEIVES A TEMPORARY DUTY ORDER AND PERMANENT CHANGE OF STATION ORDER AT THE SAME TIME, THEN HE IS NOT ENTITLED TO ANY ALLOWANCES FOR TEMPORARY DUTY OR RETURN TRAVEL, JTR, PARAGRAPH M4209, BUT RATHER HE IS ONLY ENTITLED TO PERMANENT CHANGE OF STATION ALLOWANCES.

TO MAJ. A. M. HARRELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 27, 1972, ACF, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPER ENTITLEMENT OF LIEUTENANT COLONEL TED K. CASE, XXX-XX-XXXX, USAF, TO TRAVEL ALLOWANCES INCIDENT TO TEMPORARY DUTY AND PERMANENT CHANGE-OF STATION TRAVEL WHICH WAS PERFORMED UNDER THE DESCRIBED CIRCUMSTANCES. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 72-35 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, AND WAS FORWARDED HERE ON JULY 26, 1972.

BY SPECIAL ORDERS TA-1227, JULY 23, 1971, COLONEL CASE WAS DIRECTED TO PERFORM TEMPORARY DUTY AT DAVIS-MONTHAN AIR FORCE BASE, ARIZONA. THE ORDERS INDICATED THAT THIS TEMPORARY DUTY WAS IN CONJUNCTION WITH A PERMANENT CHANGE OF STATION TO DAVIS-MONTHAN AIR FORCE BASE. UPON COMPLETION OF THIS TEMPORARY ASSIGNMENT, COLONEL CASE WAS TO RETURN TO HIS PERMANENT STATION, MYRTLE BEACH AIR FORCE BASE, SOUTH CAROLINA. SPECIAL ORDER A-1003, ALSO DATED JULY 23, 1971, DIRECTED COLONEL CASE TO PROCEED ON A PERMANENT CHANGE OF STATION TO DAVIS-MONTHAN AIR FORCE BASE.

SPECIAL ORDER A-1003 WAS SUPPOSEDLY REVOKED BY SPECIAL ORDER A-1050, JULY 28, 1971, WHICH INDICATED THAT NEW PERMANENT CHANGE-OF-STATION ORDERS WOULD BE PUBLISHED UPON SUCCESSFUL COMPLETION OF TRAINING. SPECIAL ORDER A-1109, AUGUST 5, 1971, PURPORTED TO REVOKE SPECIAL ORDER A-1050 AND TO REVALIDATE THE ORIGINAL PERMANENT CHANGE-OF-STATION ORDER, SPECIAL ORDER A -1003. FINALLY, SPECIAL ORDER TA-1320, AUGUST 10, 1971, SUPPOSEDLY RESCINDED SPECIAL ORDER TA-1227, THE ORIGINAL TEMPORARY DUTY ORDER. APPARENTLY, NONE OF THESE LATER ORDERS (A-1050, A-1109, TA-1320) WERE RECEIVED BY COLONEL CASE UNTIL HIS RETURN TO MYRTLE BEACH AIR FORCE BASE ON AUGUST 16, 1971. IN ADDITION, A STATEMENT SIGNED BY HIM INDICATES NO KNOWLEDGE ON HIS PART OF THE EXISTENCE OF THESE ORDERS UNTIL HE RETURNED FROM DAVIS-MONTHAN AIR FORCE BASE.

ON THE BASIS OF THE ABOVE FACTS, YOU HAVE ASKED FOR OUR DECISION ON THE FOLLOWING QUESTIONS:

"A. IS LT. COLONEL CASE ENTITLED TO TDY ALLOWANCES PERFORMED UNDER THE AUTHORITY OF S.O. TA-1227, 23 JULY 1971 AS DAVIS-MONTHAN AFB, AZ WAS NOT ONLY THE TDY POINT BUT LATER THE CONFIRMED PERMANENT CHANGE OF STATION POINT? OR,

"B. IS LT. COLONEL CASE ENTITLED ONLY TO REIMBURSEMENT FOR THE PERMANENT CHANGE OF STATION ALLOWANCES SINCE ORDERS WERE ISSUED AT HIS OLD STATION PRIOR TO HIS DEPARTURE FOR TDY?

"C. IF THE ANSWER TO B. ABOVE IS AFFIRMATIVE, MUST COLLECTION BE MADE FOR THE COST OF THE RETURN TRIP PORTION OF T/R R1, 600,955 ISSUED 23 JULY 1971?"

IN A SUBSEQUENT LETTER YOU ASK FOR A DECISION ON THE FOLLOWING ISSUE:

"3. FURTHER THERE IS REASONABLE DOUBT IF VALID PCS ORDERS HAVE BEEN ISSUED LT. COLONEL CASE, DUE TO THE REVOCATION ACTIONS OF THE ISSUING AUTHORITY 354TH CSGP (TAC), MYRTLE BEACH AFB, S.C. ***."

SECTION 404 OF TITLE 37, U.S. CODE, AUTHORIZES A MEMBER OF THE UNIFORMED SERVICE TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES IN CONJUNCTION WITH TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS. PARAGRAPH M4200 OF THE JOINT TRAVEL REGULATIONS ENTITLES A MEMBER TO RECEIVE PER DIEM AND TRANSPORTATION ALLOWANCES FOR TEMPORARY DUTY PERFORMED AWAY FROM HIS PERMANENT STATIONS. A MEMBER MAY NOT RECEIVE TEMPORARY DUTY ALLOWANCES AT HIS PERMANENT STATION.

PARAGRAPH M4209 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO RECEIVED PERMANENT CHANGE-OF-STATION ORDERS AT A TEMPORARY DUTY STATION DESIGNATING THE TEMPORARY DUTY STATION AS HIS NEW PERMANENT STATION SHALL NOT BE ENTITLED TO PER DIEM AT THAT STATION BEGINNING ON THE DATE OF RECEIPT OF SUCH PERMANENT CHANGE-OF-STATION ORDERS NOR TO ALLOWANCES FOR TRAVEL TO THE OLD PERMANENT STATION UNLESS THE PERMANENT CHANGE-OF-STATION ORDERS DIRECT A RETURN THERETO ON OFFICIAL BUSINESS. THEREFORE, IF A MEMBER RECEIVES PERMANENT CHANGE-OF STATION ORDERS PRIOR TO HIS DEPARTURE ON TEMPORARY DUTY, HIS TRAVEL IS PURSUANT TO THE PERMANENT CHANGE-OF-STATION ORDERS, AND HE IS NOT ENTITLED TO ANY ALLOWANCES FOR TEMPORARY DUTY OR RETURN TRAVEL.

ON THE BASIS OF THE RECORD PRESENTED, IT IS NOT ENTIRELY CLEAR WHEN COLONEL CASE RECEIVED SPECIAL ORDER A-1003, THE ORIGINAL PERMANENT CHANGE- OF-STATION ORDER. HOWEVER, SINCE SPECIAL ORDER A-1003 WAS DATED JULY 23, 1971, AS WAS SPECIAL ORDER TA-1227, THE TEMPORARY DUTY ORDER, AND SINCE COLONEL CASE RECEIVED THE LATTER ORDER, IT IS ASSUMED THAT HE RECEIVED SPECIAL ORDER A-1003 PRIOR TO HIS DEPARTURE FROM MYRTLE BEACH AIR FORCE BASE ON JULY 25, 1971. THEREFORE, PURSUANT TO PARAGRAPH M4209, COLONEL CASE IS NOT ENTITLED TO EITHER TEMPORARY DUTY ALLOWANCES OR RETURN TRAVEL TO HIS OLD PERMANENT STATION SINCE THERE IS NO INDICATION THAT HE WAS DIRECTED TO RETURN THERE ON OFFICIAL BUSINESS.

IF, HOWEVER, COLONEL CASE DID NOT, IN FACT, RECEIVE SPECIAL ORDER A 1003 PRIOR TO HIS DEPARTURE FROM MYRTLE BEACH AIR FORCE BASE, UPON PRESENTATION OF APPROPRIATE EVIDENCE WE WILL RECONSIDER THE MATTER.

WE BELIEVE THAT COLONEL CASE WAS TRANSFERRED PURSUANT TO VALID PERMANENT CHANGE-OF-STATION ORDERS AND THEREFORE IS ENTITLED TO PERMANENT CHANGE-OF- STATION ALLOWANCES.

SINCE COLONEL CASE APPARENTLY RETURNED TO HIS OLD STATION PURSUANT TO THE ERRONEOUS PROVISION IN HIS TEMPORARY DUTY ORDERS, COLLECTION FOR THE RETURN PORTION OF T/R R1, 600,955 IS NOT REQUIRED.

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