B-152690, APR. 22, 1964

B-152690, APR. 22, 1964

TO THE SECRETARY OF THE NAVY:

BY LETTER DATED FEBRUARY 10, 1964, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED LETTER OF FEBRUARY 7, 1964, FROM THE UNDER SECRETARY OF THE NAVY, RELATIVE TO A REQUEST BY HIM PERTAINING TO THE EFFECTIVE DATE OF OUR DECISION 43 COMP. GEN. - , B- 152690, DATED DECEMBER 4, 1963. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 64-6.

IN HIS LETTER THE UNDER SECRETARY STATES THAT THE DECISION OF DECEMBER 4, 1963, HELD IN PERTINENT PART THAT TEMPORARY DUTY IN CONNECTION WITH FITTING OUT, REACTIVATION, OR CONVERSION OF A VESSEL WAS NOT INDETERMINATE TEMPORARY DUTY UNDER THE PROVISIONS OF PARAGRAPH 7007 OF THE JOINT TRAVEL REGULATIONS, AND MEMBERS ON TEMPORARY DUTY FOR 20 WEEKS OR MORE ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO AND FROM THE FITTING-OUT, REACTIVATION OR CONVERSION LOCATION. HE INDICATED THAT THE RETROACTIVE APPLICATION OF THIS DECISION PROBABLY WOULD REQUIRE THE ISSUANCE OF EXCEPTIONS TO PAYMENTS PREVIOUSLY MADE TO MEMBERS FOR TRANSPORTATION OF DEPENDENTS UNDER SUCH CIRCUMSTANCES, SINCE THESE PAYMENTS WERE CONSISTENT WITH THE PROVISIONS OF PARAGRAPH 7058 OF THE NAVY TRAVEL INSTRUCTIONS WHICH WERE IN EFFECT PRIOR TO APRIL 27, 1962, AND WHICH AUTHORIZED TRANSPORTATION OF DEPENDENTS TO AND FROM THE PLACE OF SUCH FITTING OUT, REACTIVATION OR CONVERSION, IF THE MEMBER'S TEMPORARY DUTY WAS FOR 20 WEEKS OR MORE. THE UNDER SECRETARY STATED FURTHER THAT UNDER PRESENT REGULATIONS IT HAS NOT BEEN CLEAR TO DISBURSING OFFICERS THAT SUCH TRANSPORTATION IS NO LONGER AUTHORIZED, AND THAT FOR THAT REASON THE NAVY TRAVEL INSTRUCTIONS WILL BE AMENDED AS SOON AS POSSIBLE TO CLEARLY SPELL OUT THE NON-ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS. THE MEANTIME, IT IS STATED, SECNAV NOTICE 7220, DATED DECEMBER 26, 1963, HAS BEEN ISSUED TO BRING THE MATTER TO THE ATTENTION OF ALL CONCERNED. THEREFORE REQUESTS THAT OUR AUDIT STAFF REFRAIN FROM TAKING EXCEPTIONS TO PAYMENTS OF THE TYPE INVOLVED WHICH WERE MADE BY DISBURSING OFFICERS BEFORE THE SECNAV NOTICE WAS RECEIVED.

IN OUR DECISION B-152690, DATED DECEMBER 4, 1963, WE HELD THAT TEMPORARY DUTY ORDERS IN CONNECTION WITH THE FITTING OUT OF A VESSEL AND DUTY ON BOARD THAT VESSEL WHEN COMMISSIONED WERE IN SUBSTANCE PERMANENT CHANGE OF STATION ORDERS TO THE VESSEL WITH INTERVENING PERIODS OF TEMPORARY DUTY, SUCH TEMPORARY DUTY BEING LIMITED TO THE FITTING-OUT PERIOD OF THE VESSEL. WE REFERRED TO INFORMATION FROM THE COMPTROLLER OF THE NAVY THAT PRIOR TO THE TIME THE ORIGINAL ASSIGNMENT ORDERS IN CONNECTION WITH CONVERSION AND FITTING OUT OF VESSELS ARE ISSUED A DETERMINATION HAS BEEN MADE AS TO WHETHER THE ASSIGNMENT TO SUCH DUTY IS TEMPORARY OR PERMANENT, BASED UPON THE CONTEMPLATED PERIOD OF SUCH DUTY AS DETERMINED FROM THE CONSTRUCTION SCHEDULE. THEREFORE WE HELD THAT THE PERIODS OF TEMPORARY DUTY IN SUCH ASSIGNMENTS ARE CONTEMPLATED TO BE OF SPECIFIC DURATION, AND SUCH TEMPORARY DUTY ORDERS MAY NOT BE CONSIDERED TO BE OF AN INDETERMINATE NATURE WITHIN THE MEANING OF PARAGRAPH 7007-1 OF THE JOINT TRAVEL REGULATIONS. WE ALSO REFERRED TO DECISION OF OUR OFFICE, B-144713, DATED MARCH 22, 1961, AND DEPARTMENT OF THE NAVY PERSONNEL CONTROL MEMORANDUM NO. 3-61, DATED FEBRUARY 8, 1961 (SEE IN THIS CONNECTION PARAGRAPH 3002 OF THE NAVY TRAVEL INSTRUCTIONS), AS SUPPORTING OUR CONTENTION THAT HAD IT BEEN CONTEMPLATED PROSPECTIVELY THAT THE DUTY IN OUTFITTING THE VESSEL WOULD EXCEED 6 MONTHS, PERMANENT CHANGE OF STATION ORDERS TO THE SHORE STATION INSTEAD OF THE SHIP WOULD HAVE BEEN REQUIRED. THIS REQUIRED A CONCLUSION THAT BONA FIDE EXTENSIONS OF TEMPORARY DUTY PERIODS BECAUSE OF CONSTRUCTION SLIPPAGES DO NOT HAVE THE EFFECT OF CHANGING THE ORIGINAL TEMPORARY DUTY ASSIGNMENT TO ONE IN AN INDETERMINATE STATUS BECAUSE OF THE COLLECTIVE ASSIGNMENT OF 20 WEEKS OR MORE SO AS TO AUTHORIZE THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO THE TEMPORARY DUTY STATION.

SECNAV NOTICE 7220, DATED DECEMBER 26, 1963, REFERS TO PARAGRAPH 7007, JOINT TRAVEL REGULATIONS, AND TO THE DECISION B-152690, DATED DECEMBER 4, 1963. IT DIRECTS COMMANDING OFFICERS TO GIVE WIDE DISSEMINATION TO THE CONTENTS OF THE NOTICE AND REQUESTS DISBURSING OFFICERS TO DISALLOW ANY TRAVEL CLAIMS FROM MEMBERS FOR TRANSPORTATION OF DEPENDENTS INCIDENT TO TEMPORARY DUTY IN CONNECTION WITH VESSEL FITTING OUT, REACTIVATION OR CONVERSION AFTER RECEIPT OF THE NOTICE.

AS INDICATED, THERE IS NO ENTITLEMENT UNDER THE PROVISIONS OF PARAGRAPH 7057 OF THE NAVY TRAVEL INSTRUCTIONS (RENUMBERED 7106 BY CHANGE 5, JULY 17, 1963) FOR TRANSPORTATION OF A MEMBER'S DEPENDENTS AT GOVERNMENT EXPENSE TO THE FITTING-OUT LOCATION OF A VESSEL UNDER ORIGINAL ASSIGNMENT ORDERS WHICH DIRECT HIM TO TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OR CONVERSION OF A VESSEL AND DUTY ON BOARD WHEN COMMISSIONED. HOWEVER, IN VIEW OF THE FACT THAT THE DECISION OF DECEMBER 4, 1963, WAS THE FIRST APPLICATION OF THE PERTINENT PROVISIONS OF THE NAVY TRAVEL INSTRUCTIONS AS PROMULGATED APRIL 27, 1962, AND THE CIRCUMSTANCES DESCRIBED IN THE LETTER OF THE ASSISTANT SECRETARY, THIS OFFICE WILL NOT OBJECT TO OTHERWISE PROPER PAYMENTS OF THE TYPE INVOLVED MADE PRIOR TO FEBRUARY 1, 1964, IT BEING ASSUMED THAT SECNAV NOTICE 7220 SHOULD HAVE BEEN ..END :