B-150370, DEC. 26, 1962

B-150370: Dec 26, 1962

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CAPTAIN DAVIS WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF EIGHT DAYS. THE MEMBERS WERE AUTHORIZED TO MAKE SUCH CHANGES IN THEIR ITINERARY AS MIGHT BE NECESSARY FOR THE ACCOMPLISHMENT OF THE MISSION. THE PURPOSE OF THE TEMPORARY DUTY WAS STATED TO PROVIDE AIR LIFT AUGMENTATION TO TACTICAL AIR COMMAND IN ACCORDANCE WITH CONTINENTAL AIR COMMAND OPERATION ORDER NO. 110-62. STATES IN PERTINENT PART THAT THE MISSION OF THE DIFFERENT ORGANIZATIONS THERE MENTIONED WAS TO PROVIDE AIR LIFT AUGMENTATION FOR TACTICAL AIR COMMAND TO MEET THEIR AIR LIFT COMMITMENTS THROUGH THE EXECUTION OF SPECIFIC PERSONNEL AND CARGO AIRLIFT MISSIONS UNDER THE OPERATIONAL CONTROL OF CONAC AND TO FURTHER THE DEGREE OF TRAINING AND COMBAT CAPABILITY OF THE AIR RESERVE TROOP CARRIER UNITS BY PERFORMANCE OF "LIVE" AIRLIFT MISSIONS.

B-150370, DEC. 26, 1962

TO CAPTAIN R. M. FLAHERTY, USAF, ACCOUNTING AND FINANCE OFFICER:

BY FIRST INDORSEMENT DATED NOVEMBER 26, 1962, THE PER DIEM, TRAVEL AND TRANSPORTATION COMMITTEE FORWARDED YOUR LETTER DATED SEPTEMBER 17, 1962, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT OF PER DIEM TO CAPTAIN JAMES W. DAVIS, A0841293, FOR THE PERIOD FROM AUGUST 4 TO 9, 1962, INCIDENT TO VERBAL ORDERS OF AUGUST 3, 1962, AS CONFIRMED AUGUST 23, 1962. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62-24.

BY RESERVE ORDER NO. E-1195, HEADQUARTERS, THIRD AIR FORCE RESERVE REGION (CONAC), USAF, DOBBINS AIR FORCE BASE, GEORGIA, DATED JULY 26, 1962, CAPTAIN DAVIS WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF EIGHT DAYS, AUGUST 3 TO 10, 1962, TO REPORT TO DETACHMENT 1, 445TH TROOP CARRIER WING, MEMPHIS MUNICIPAL AIRPORT, MEMPHIS, TENNESSEE, AUGUST 3, 1962, FOR THE PURPOSE OF PARTICIPATING IN A SPECIAL TOUR ON A CON TAC MISSION. SPECIAL ORDER NO. TE-30, ISSUED AUGUST 23, 1962, BY THE SAME HEADQUARTERS, CONFIRMED THE VERBAL ORDERS OF THE COMMANDER DETACHMENT 1, 445TH TROOP CARRIER WING, ISSUED AUGUST 3, 1962, WHICH ORDERED THE OFFICER AND OTHERS LISTED IN THE ORDER TO PROCEED ON A TEMPORARY DUTY ASSIGNMENT FOR A PERIOD OF SEVEN DAYS COMMENCING ON OR ABOUT AUGUST 3, 1962, FROM THEIR STATION AT MEMPHIS, TENNESSEE, TO CAMPBELL AUXILIARY AIR FORCE, KENTUCKY, VIA ANY POINT IN THE UNITED STATES AS DIRECTED BY THE COMMAND POST, HEADQUARTERS, CONTINENTAL AIR COMMAND, AND UPON COMPLETION TO RETURN TO THEIR STATION. THE MEMBERS WERE AUTHORIZED TO MAKE SUCH CHANGES IN THEIR ITINERARY AS MIGHT BE NECESSARY FOR THE ACCOMPLISHMENT OF THE MISSION. THE PURPOSE OF THE TEMPORARY DUTY WAS STATED TO PROVIDE AIR LIFT AUGMENTATION TO TACTICAL AIR COMMAND IN ACCORDANCE WITH CONTINENTAL AIR COMMAND OPERATION ORDER NO. 110-62.

OPERATION ORDER NO. 110-62, HEADQUARTERS, CONTINENTAL AIR COMMAND, ROBINS AIR FORCE BASE, GEORGIA, DATED MAY 29, 1962, STATES IN PERTINENT PART THAT THE MISSION OF THE DIFFERENT ORGANIZATIONS THERE MENTIONED WAS TO PROVIDE AIR LIFT AUGMENTATION FOR TACTICAL AIR COMMAND TO MEET THEIR AIR LIFT COMMITMENTS THROUGH THE EXECUTION OF SPECIFIC PERSONNEL AND CARGO AIRLIFT MISSIONS UNDER THE OPERATIONAL CONTROL OF CONAC AND TO FURTHER THE DEGREE OF TRAINING AND COMBAT CAPABILITY OF THE AIR RESERVE TROOP CARRIER UNITS BY PERFORMANCE OF "LIVE" AIRLIFT MISSIONS. THE ORDERS STATED FURTHER THAT APPROPRIATE ORDERS WOULD BE ISSUED CALLING CREWS TO DUTY AT HOME STATION FOR NINE DAYS COMMENCING ON A SATURDAY. CREWS WERE TO BE PLACED ON TEMPORARY DUTY TO PERFORM CON TAC MISSIONS AND PER DIEM WAS AUTHORIZED IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS AND PARAGRAPH 4F, AIR FORCE REGULATIONS 45-14. SUPPLEMENTAL INSTRUCTIONS CONTAINED IN ANNEX A TO THE ORDER, STATED THAT CREWS WERE TO BE CALLED TO DUTY AT THEIR HOME STATION AND PLACED ON TEMPORARY DUTY AS MISSION REQUIREMENT DICTATE BUT WERE NOT TO BE PERMITTED TO REMAIN AT ANY ONE LOCATION MORE THAN FOUR DAYS DURING THEIR NINE-DAY TOUR OF ACTIVE DUTY.

THE OFFICER'S ITINERARY SHOWS THAT HE DEPARTED FROM MEMPHIS MUNICIPAL AIRPORT, TENNESSEE, ON AUGUST 4, 1962, BY GOVERNMENT PLANE AND TRAVELED TO VARIOUS INSTALLATIONS PICKING UP AND DISCHARGING CARGO AND HE FINALLY ARRIVED AT HOMESTEAD AIR FORCE BASE, FLORIDA, ON AUGUST 10, 1962. HE DID NOT RETURN TO MEMPHIS, TENNESSEE, UNDER THESE ORDERS BUT WAS RELIEVED FROM ACTIVE DUTY AT MIDNIGHT AUGUST 10, 1962, AND ENTERED ON A TWO-DAY UNIT TRAINING STATUS AUGUST 11, 1962, DURING WHICH HE TRAVELED TO MEMPHIS, TENNESSEE.

IN YOUR LETTER, YOU STATE THAT OPERATION ORDER NO. 110-62, DIRECTS THAT THE HOME STATION BE DESIGNATED AS THE DUTY STATION OF MEMBERS ORDERED TO ACTIVE DUTY FOR THE SUPPORT MISSION SPECIFIED AND ASK WHETHER THIS MAY BE ACCEPTED AS AN ADMINISTRATIVE DETERMINATION THAT DETACHMENT 1, 445TH TROOP CARRIER WING, MEMPHIS MUNICIPAL AIRPORT, TENNESSEE, IS THE MEMBER'S DESIGNATED POST OF DUTY, WITHIN THE PURVIEW OF 38 COMP. GEN. 656, AND WHETHER PER DIEM PAYMENTS ARE PROPER FOR PERIODS OF TIME SPENT AWAY FROM THAT POST. IF THE REPLY IS NEGATIVE, YOU ASK TO BE ADVISED AS TO WHAT PLACE WOULD BE CONSIDERED AS THE DESIGNATED POST OF DUTY IN THIS CASE.

PARAGRAPH 6001 OF THE JOINT TRAVEL REGULATIONS WHICH AUTHORIZES TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF RESERVE COMPONENTS CALLED OR ORDERED TO ACTIVE DUTY FOR TRAINING WITH PAY, SPECIFICALLY PROVIDES THAT "NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION.' PARAGRAPH 1150-10A OF THE REGULATIONS DEFINES A MEMBER'S DESIGNATED POST OF DUTY OR PERMANENT DUTY STATION TO BE THE POST OF DUTY OR OFFICIAL STATION TO WHICH HE IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 3003-2A DEFINES "TEMPORARY DUTY" TO MEAN DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION. PARAGRAPH 4F, AIR FORCE REGULATIONS 45-15, REFERRED TO IN OPERATION ORDER NO. 110-62, PROVIDES THAT RESERVISTS WILL BE ORDERED TO ACTIVE DUTY AT THE PLACE WHERE THE TOUR OF DUTY IS TO BE PERFORMED AND THAT THEY MAY NOT BE PLACED ON TEMPORARY DUTY AWAY FROM THAT STATION AT ANY ONE LOCATION FOR MORE THAN 50 PERCENT OF THEIR TOUR.

IN 28 COMP. GEN. 166, WE HELD THAT NAVAL RESERVE OFFICERS ORDERED TO A SPECIFIC LOCATION FOR TEMPORARY ACTIVE DUTY AND SUBSEQUENTLY ORDERED TO ONE OR MORE OTHER LOCATIONS FOR TEMPORARY ADDITIONAL DUTY, UPON THE COMPLETION OF WHICH THEY ARE TO RETURN TO THEIR ORIGINAL STATION, MAY BE CONSIDERED FOR THE PERIOD OF SUCH TEMPORARY ADDITIONAL DUTY AS BEING "AWAY FROM THEIR DESIGNATED POST OF DUTY" AND ENTITLED TO PER DIEM DURING THAT PERIOD. IN 38 COMP. GEN. 656, WE STATED THAT A TEMPORARY DUTY TRAVEL STATUS CANNOT EXIST IN THE ABSENCE OF A DESIGNATED POST OF DUTY AWAY FROM WHICH TRAVEL IS BEING PERFORMED, CITING AS AUTHORITY CALIFANO V. UNITED STATES, CT.CL.NO. 86-58, DECIDED BY THE COURT OF CLAIMS ON MARCH 4, 1959. IT WAS CONCLUDED THAT WHERE CERTAIN OFFICERS CALLED TO ACTIVE DUTY WERE ASSIGNED TO A CITY FOR ORIENTATION AND DIRECTION REGARDING THEIR DUTY ASSIGNMENT ELSEWHERE IN A PARTICULAR AREA AND THERE WAS NO ADMINISTRATIVE DESIGNATION OF THAT CITY OR ANY OTHER PLACE IN THE AREA WHERE THE DUTY WAS PERFORMED AS THE POST OF DUTY, THEY WERE NOT CONSIDERED TO BE IN A TEMPORARY DUTY STATUS WHILE PERFORMING DUTY IN THE ASSIGNED AREA, IN THE ABSENCE OF A DESIGNATED POST OF DUTY AWAY FROM WHICH THEIR TRAVEL WAS PERFORMED. SEE ALSO 39 COMP. GEN. 753, IN WHICH WE HELD THAT A MEMBER ORDERED TO A SPECIFIC LOCATION FOR DUTY IN CONNECTION WITH WHICH A CONSIDERABLE AMOUNT OF TRAVEL IN THE FIELD INVOLVING SHORT STOPOVERS AT SEVERAL DIFFERENT LOCATIONS WAS CONTEMPLATED AFTER A PERIOD OF INDOCTRINATION AND TRAINING AT THAT PLACE AND, SUBSEQUENTLY, ORDERS ARE ISSUED DIRECTING THE PERFORMANCE OF TEMPORARY DUTY AWAY FROM AND RETURN TO THAT PLACE UPON COMPLETION OF SUCH DUTY, SUCH MEMBERS MAY BE REGARDED AS BEING IN A TRAVEL STATUS AWAY FROM THEIR PERMANENT DUTY STATION WHILE PERFORMING SUCH TEMPORARY DUTY IN THE FIELD.

THE RECORD SHOWS THAT CAPTAIN DAVIS WAS DIRECTED BY COMPETENT ORDERS TO REPORT TO HIS HOME STATION, DETACHMENT 1, 445TH TROOP CARRIER WING, MEMPHIS MUNICIPAL AIRPORT, TENNESSEE, ON AUGUST 3, 1962, FOR ACTIVE DUTY FOR TRAINING FOR A PERIOD OF EIGHT DAYS FOR THE PURPOSE OF PARTICIPATING ON A CON TAC MISSION. SUBSEQUENT ORDERS ISSUED AT THAT STATION DIRECTED HIM TO TRAVEL TO ONE OR MORE LOCATIONS FOR TEMPORARY DUTY UPON THE COMPLETION OF WHICH HE WAS TO RETURN TO HIS HOME STATION. WHILE THE ABSENCE FROM MEMPHIS MUNICIPAL AIRPORT DURING THE PERIOD IN QUESTION WAS FOR THE GREATER PORTION FOR THE ORDERED TOUR OF DUTY, THE NATURE OF THE OFFICER'S DUTY ASSIGNMENT REQUIRED HIM TO REPORT TO THAT STATION FOR HIS INSTRUCTION AND ORDERS AND RETURN TO THAT PLACE UPON COMPLETION OF HIS TEMPORARY DUTY ASSIGNMENT. ALSO, TEMPORARY DUTY WAS NOT PERFORMED AT ANY ONE LOCATION FOR A MAJORITY OF THE TOUR OF DUTY WITHIN THE RESTRICTION SET OUT IN PARAGRAPH 4 OF THE AIR FORCE REGULATIONS 45-14. IN THE CIRCUMSTANCES, MEMPHIS MUNICIPAL AIRPORT MAY BE CONSIDERED TO BE THE OFFICER'S DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES.

IT IS NOTED THAT THE SUBMITTED VOUCHER SHOWS A CREDIT OF $3.75, REPRESENTING REIMBURSEMENT FOR QUARTERS CHARGES PAID BY THE OFFICER, WHICH APPEARS TO BE IN THE NATURE OF SERVICE CHARGES FOR UTILIZATION OF GOVERNMENT QUARTERS AT THE FACILITIES WHERE HE REMAINED OVERNIGHT DURING HIS TRAVEL. HOWEVER, PART 1, CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS DOES NOT LIST SUCH CHARGES AS BEING REIMBURSABLE IN ADDITION TO THE PER DIEM DUE FOR THE TRAVEL PERFORMED. SINCE THE OFFICER WAS PAID PER DIEM FOR THE DAYS HE PAID THE CHARGES, HE IS NOT ENTITLED TO REIMBURSEMENT OF SUCH CHARGES IN ADDITION TO PER DIEM. ACCORDINGLY, PAYMENT OF THE VOUCHER RETURNED HEREWITH IS ..END :

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