B-158797, APR. 8, 1966

B-158797, APR. 8, 1966

TO MR. ROBERT D. KIRKPATRICK:

THIS IS IN REPLY TO YOUR LETTER OF FEBRUARY 23, 1966, APPEALING FROM OUR OFFICE SETTLEMENT OF FEBRUARY 10, 1966, DENYING YOUR CLAIM TO PER DIEM FOR THE PERIOD FROM JULY 28, 1964, TO DECEMBER 11, 1964, WHILE YOU WERE STATIONED AT SOMERVILLE, TEXAS, AS AN EMPLOYEE OF THE ENGINEER DISTRICT OF FORT WORTH, TEXAS, DEPARTMENT OF THE ARMY.

THE RECORD INDICATES THAT IN THE COURSE OF YOUR EMPLOYMENT AS A REALTY SPECIALIST IN THE REAL ESTATE DIVISION AT FORTH WORTH YOU WERE ASSIGNED TO TEMPORARY DUTY ON PER DIEM AT SOMERVILLE IN CONNECTION WITH THE LAND ACQUISITION PROGRAM, EXCEPT FOR A FEW SHORT PERIODS, FROM APRIL 6, 1964, THROUGH JULY 9, 1964. IN LATE JULY 1964 YOUR SUPERIORS DETERMINED THAT SINCE THE GREATEST PART OF YOUR WORKLOAD FOR THE NEXT FOUR TO SIX MONTHS WOULD BE IN THE SOMERVILLE AREA A PERMANENT CHANGE OF STATION (PCS) ORDER SHOULD BE ISSUED CHANGING YOUR OFFICIAL DUTY STATION TO SOMERVILLE, ALTHOUGH YOUR POSITION WOULD STILL REMAIN UNDER THE JURISDICTION OF THE FORT WORTH OFFICE. SOMERVILLE IS (9) MILES DISTANT AND A PART OF THE FORT WORTH ENGINEER DISTRICT. YOU WERE ADVISED THAT YOU WERE BEING SHIFTED UNDER PCS ORDER AND INDICATED THAT YOU HAD NO HOUSEHOLD EFFECTS TO SHIP AND NO DEPENDENTS TRAVELING WITH YOU.

IN EFFECTING YOUR TRANSFER TO SOMERVILLE A CIVIL SERVICE COMMISSION STANDARD FORM 52 "REQUEST FOR PERSONNEL ACTION," DATED JULY 23, 1964, WAS EXECUTED REQUESTING A CHANGE OF DUTY STATION FOR YOU FROM FORT WORTH TO SOMERVILLE. IN RESPONSE TO THIS REQUEST A STANDARD FORM 50 "NOTIFICATION OF PERSONNEL ACTION" DATED JULY 24, 1964,WAS ISSUED CHANGING YOUR DUTY STATION FROM FORT WORTH TO SOMERVILLE. DEPARTMENT OF THE ARMY FORM 662 DATED JULY 27, 1964,"REQUEST AND AUTHORIZATION FOR MILITARY PERSONNEL TDY TRAVEL AND CIVILIAN PERSONNEL TDY AND PCS TRAVEL" AUTHORIZED YOUR TRAVEL ON A PERMANENT CHANGE OF STATION BASIS TO SOMERVILLE FROM FORT WORTH BY PRIVATELY-OWNED VEHICLE (POV) AT 12 CENTS PER MILE WITH $16 PER DIEM DURING THE PERIOD OF ACTUAL TRAVEL.

YOU ARRIVED IN SOMERVILLE ON JULY 28, 1964, AND REMAINED THERE UNTIL DECEMBER 11, 1964, EXCEPT FOR APPROXIMATELY 43 DAYS TDY AND 8 DAYS ANNUAL LEAVE. ON DECEMBER 15, 1964, YOUR DUTY STATION WAS CHANGED FROM SOMERVILLE TO FORT WORTH AND PURSUANT TO SUCH CHANGE YOU RETURNED TO THE REAL ESTATE DIVISION AT FORT WORTH.

IT IS YOUR CONTENTION THAT THE ACTION IN MOVING YOU FROM FORT WORTH TO SOMERVILLE COULD NOT BE REGARDED AS A PERMANENT CHANGE OF STATION SINCE NO POSITION HAD BEEN ESTABLISHED FOR YOU AT SOMERVILLE. YOU, THEREFORE, CONSIDERED THAT YOUR ASSIGNMENT AT SOMERVILLE WAS TEMPORARY IN NATURE AND THAT YOU ARE ENTITLED TO PER DIEM FOR SOME 88 DAYS AT THAT POST NOT OTHERWISE COVERED BY PER DIEM.

SECTION 6.2D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"IN ANY CASE WHERE THE EMPLOYEE'S TOUR OF TRAVEL REQUIRES MORE THAN 2 MONTHS' STAY AT A TEMPORARY DUTY STATION, CONSIDERATION SHOULD BE GIVEN EITHER TO A CHANGE IN THE OFFICIAL STATION OR A REDUCTION IN THE PER DIEM ALLOWANCE.'

DEPARTMENT OF THE ARMY REGULATIONS (CPR T3.4-5A (I) ( AND LOCAL REGULATIONS DEALING WITH THE SAME SUBJECT (FWDR 55-1-20, CHANGE 3, APRIL 27, 1964) HAD SIMILAR PROVISIONS. CONSEQUENTLY, IN INITIALLY EXAMINING YOUR PREVIOUS THREE MONTHS OF TDY AT SOMERVILLE, THE PROSPECT OF AN ADDITIONAL FOUR TO SIX MONTHS AT THE SAME PLACE, AND THEN CONCLUDING THAT A CHANGE IN YOUR OFFICIAL STATION WAS NECESSITATED, THE ENGINEER DISTRICT WAS COMPLYING WITH THE ABOVE STATUTORY REGULATIONS. WHILE YOUR JOB FOR PURPOSES OF ADMINISTRATIVE CONVENIENT REMAINED AT FORTH WORTH, NEVERTHELESS, AS FAR AS PER DIEM WAS CONCERNED YOUR OFFICIAL DUTY STATION (SYNONYMOUS WITH PERMANENT DUTY STATION) WAS SOMERVILLE. IN OTHER WORDS IT WAS NOT NECESSARY TO ESTABLISH A POSITION AT SOMERVILLE IN ORDER TO EFFECT A CHANGE OF STATION FOR TRAVEL PURPOSES. SEE 25 COMP. GEN. 136 AND 32 COMP. GEN. 87.

IT IS NOTED THAT PER DIEM WAS AUTHORIZED AND PAID IN CONNECTION WITH YOUR TDY AT FORT WORTH ON NOVEMBER 3 TO 5, 1964. THIS WAS ALSO CONSISTENT WITH THE DETERMINATION THAT SOMERVILLE WAS YOUR OFFICIAL DUTY STATION AT THAT TIME.

ON THE BASIS OF THE FOREGOING IT MUST BE CONCLUDED THAT SOMERVILLE WAS YOUR OFFICIAL DUTY STATION DURING THE PERIOD IN QUESTION, AND THEREFORE OUR OFFICE SETTLEMENT OF FEBRUARY 10, 1966, DENYING PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE AT THAT LOCATION MUST BE SUSTAINED.