B-156548, MAR 6, 1972, 51 COMP GEN 559

B-156548, MAR 6, 1972, 51 COMP GEN 559

TRAVEL EXPENSES - MILITARY PERSONNEL - MISCELLANEOUS EXPENSES - RESERVISTS ON TEMPORARY DUTY MEMBERS OF THE RESERVE COMPONENTS AWAY FROM HOME ON ACTIVE DUTY FOR LESS THAN 20 WEEKS, AND ENTITLED TO A PER DIEM AT THEIR PERMANENT STATION, MAY BE REIMBURSED SUCH MISCELLANEOUS EXPENSES AS ARE AUTHORIZED FOR REGULAR MEMBERS OF THE UNIFORMED SERVICES UNDER PART I, CHAPTER 4, VOLUME 1 OF THE JOINT TRAVEL REGULATIONS IN CONNECTION WITH TRAVEL OR TEMPORARY DUTY AND THE REGULATIONS AMENDED ACCORDINGLY IN VIEW OF THE PARITY INTENDED TO BE ACCOMPLISHED BY THE ADDITION OF CLAUSE (4) TO 37 U.S.C. 404(A) BY THE ACT OF DECEMBER 1, 1967, THE AMENDED REGULATIONS, OF COURSE, SUBJECT TO THE LIMITATIONS IN PART A, CHAPTER 6. HOWEVER, THE ENTITLEMENT TO TRAVEL BETWEEN PLACE OF LODGING OR MESSING AND DUTY AS PRESCRIBED IN PARAGRAPH M4413 MAY NOT BE AUTHORIZED SINCE UNDER CLAUSE (4) MEMBERS AT THEIR PERMANENT STATION PERFORMING ANNUAL TRAINING DUTY ARE NOT ENTITLED TO PER DIEM WHEN GOVERNMENT QUARTERS AND MESS ARE AVAILABLE.

TO THE SECRETARY OF THE NAVY, MARCH 6, 1972:

REFERENCE IS MADE TO LETTER OF OCTOBER 4, 1971, FROM THE ASSISTANT SECRETARY OF THE NAVY (MANPOWER AND RESERVE AFFAIRS) REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS, VOLUME 1, MAY BE AMENDED TO PROVIDE FOR THE PAYMENT OF THE SAME MISCELLANEOUS REIMBURSABLE EXPENSES PRESENTLY AUTHORIZED TO REGULAR MEMBERS OF THE UNIFORMED SERVICES UNDER PART I, CHAPTER 4, VOLUME 1 OF THE JOINT TRAVEL REGULATIONS, TO MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY FOR LESS THAN 20 WEEKS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 71-41 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY REFERS TO OUR DECISION IN 45 COMP. GEN. 30, IN WHICH WE SAID THAT WE WOULD NOT OBJECT TO THE AMENDMENT OF THE JOINT TRAVEL REGULATIONS TO PROVIDE MILITARY MEMBERS THE SAME TRAVEL REIMBURSEMENT RIGHTS PROVIDED FOR CIVILIAN EMPLOYEES IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR LOCAL TRANSPORTATION COSTS. THIS, HE SAYS, RESULTED IN THE ADDITION OF PARAGRAPH M4413 TO THE REGULATIONS AUTHORIZING DAILY TRAVEL EXPENSES FOR TRAVEL REQUIRED TO PROCURE SUITABLE MEALS AND LODGING TO MEMBERS WHILE ON TEMPORARY DUTY.

THE ASSISTANT SECRETARY CITES SECTION 3 OF THE ACT OF DECEMBER 1, 1967, PUBLIC LAW 90-168, 81 STAT. 525, WHICH AMENDED SECTION 404(A) OF TITLE 37, U.S.C. BY ADDING CLAUSE (4) THERETO TO PROVIDE FOR PAYMENT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, OF ALLOWANCES TO A MEMBER OF A RESERVE COMPONENT WHEN AWAY FROM HOME TO PERFORM DUTY. REFERS TO THE LEGISLATIVE HISTORY OF THAT ACT WHICH EXPRESSES AN INTENT TO PROVIDE THE SAME ENTITLEMENTS TO ALL MILITARY PERSONNEL IN THE MATTER OF PER DIEM ELIGIBILITY WHEN THE CIRCUMSTANCES ARE ESSENTIALLY THE SAME.

THE ASSISTANT SECRETARY THEREFORE ASKS WHETHER OUR OFFICE WOULD BE REQUIRED TO OBJECT TO AN AMENDMENT TO THE JOINT TRAVEL REGULATIONS PROVIDING REIMBURSEMENT TO MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY FOR LESS THAN 20 WEEKS FOR THE MISCELLANEOUS EXPENSES AUTHORIZED FOR MEMBERS ON EXTENDED ACTIVE DUTY UNDER PART I, CHAPTER 4, VOLUME 1 OF THE REGULATIONS, INCLUDING AN ENTITLEMENT TO REIMBURSEMENT FOR TRAVEL BETWEEN PLACES OF LODGING/MESSING AND DUTY AS PRESCRIBED IN PARAGRAPH M4413 OF THE REGULATIONS.

REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 404(A), CLAUSE (4), ARE CONTAINED IN PART A, CHAPTER 6, VOLUME 1, JOINT TRAVEL REGULATIONS. PARAGRAPH M6001 THEREOF PROVIDES, UNDER THE CIRCUMSTANCES THERE SPECIFIED, FOR ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE RESERVE COMPONENTS WHILE ON ACTIVE DUTY WITH OR WITHOUT PAY. PARAGRAPH M6001-1B AND 1D OF THE REGULATIONS PROVIDE THAT PART I, CHAPTER 4, JOINT TRAVEL REGULATIONS, IS APPLICABLE TO RESERVE MEMBERS WITHIN THE PURVIEW OF THAT PARAGRAPH, FOR THEIR TRAVEL TO AND FROM A PERMANENT DUTY STATION, AS WELL AS FOR TRAVEL AWAY FROM AND RETURN TO A PERMANENT STATION FOR THE PERFORMANCE OF TEMPORARY DUTY. HOWEVER, PART I, CHAPTER 4 OF THE REGULATIONS IS NOT MADE APPLICABLE TO SUCH MEMBERS DURING THE PERIODS THEY ARE PERFORMING DUTY AT THEIR PERMANENT DUTY STATIONS.

WE HAVE HELD THAT SECTION 404(A)(4) OF TITLE 37, U.S.C. PROVIDES AUTHORITY FOR THE ISSUANCE OF REGULATIONS AUTHORIZING PER DIEM TO MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY FOR LESS THAN 20 WEEKS IN ALL CASES WHERE MEMBERS OF THE REGULAR COMPONENTS PERFORMING SIMILAR DUTY AT A TEMPORARY DUTY STATION WOULD BE ENTITLED TO PER DIEM, EXCEPT THAT NO PER DIEM IS PAYABLE TO MEMBERS PERFORMING ANNUAL TRAINING DUTY WHEN GOVERNMENT QUARTERS AND A GOVERNMENT MESS ARE AVAILABLE. 49 COMP. GEN. 621 (1970). PARAGRAPH M4400 OF PART I, CHAPTER 4 OF THE REGULATIONS AUTHORIZES REIMBURSEMENT FOR THE EXPENSES SPECIFIED IN THAT PART TO ALL MEMBERS WHILE IN A TRAVEL AND TEMPORARY DUTY STATUS AND PARAGRAPH M4413 THEREOF AUTHORIZES REIMBURSEMENT OF TRANSPORTATION EXPENSES TO SUCH MEMBERS WHEN REQUIRED TO PROCURE SUITABLE LODGINGS OR MEALS WHILE AT A PLACE OF BUSINESS IN A TEMPORARY DUTY STATUS.

IN VIEW OF THE PARITY INTENDED TO BE ACCOMPLISHED BY THE ADDITION OF CLAUSE (4) TO 37 U.S.C. 404(A), WE WOULD NOT BE REQUIRED TO OBJECT TO THE ISSUANCE OF REGULATIONS WHICH WOULD PROVIDE MEMBERS OF THE RESERVE COMPONENTS AWAY FROM HOME ON ACTIVE DUTY FOR LESS THAN 20 WEEKS AND ENTITLED TO A PER DIEM AT THEIR PERMANENT DUTY STATION, AN ENTITLEMENT TO REIMBURSEMENT OF MISCELLANEOUS EXPENSES SIMILAR TO THE ENTITLEMENT AUTHORIZED IN PART I, CHAPTER 4, IN CONNECTION WITH TRAVEL OR TEMPORARY DUTY.

THESE REGULATIONS SHOULD, OF COURSE, BE SUBJECT TO THE LIMITATIONS NOW CONTAINED IN PART A, CHAPTER 6, PARTICULARLY THOSE ITEMIZED IN PARAGRAPH M6001 THEREOF. 48 COMP. GEN. 517 (1969).

SINCE IT IS CLEAR FROM THE LEGISLATIVE HISTORY OF CLAUSE (4) THAT MEMBERS AT THEIR PERMANENT DUTY STATION PERFORMING ANNUAL TRAINING DUTY ARE NOT ENTITLED TO PER DIEM WHEN GOVERNMENT QUARTERS AND A GOVERNMENT MESS ARE AVAILABLE, WE ARE OF THE OPINION THAT THERE IS NO AUTHORITY TO EXTEND THE ENTITLEMENTS PROVIDED IN PARAGRAPH M4413 OF THE REGULATIONS TO SUCH MEMBERS. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.