B-158797, MAY 19, 1966
Highlights
KIRKPATRICK: THIS IS IN REPLY TO YOUR LETTER OF MAY 2. AS INDICATED IN OUR PRIOR DECISION THIS ACTION WAS CONSISTENT WITH SECTION 6.2D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SUCH ACTION ALSO APPEARS TO BE IN LINE WITH OUR DECISIONS WHICH HAVE HELD THAT IT IS PROPER TO DESIGNATE AS AN EMPLOYEE'S HEADQUARTERS OR POST OF DUTY. THE PLACE WHERE THE GREATER PORTION OF HIS DUTIES ARE PERFORMED EVEN THOUGH SUCH PLACE BE AT A LOCATION OTHER THAN THAT OF THE DIVISIONAL HEADQUARTERS OF HIS ACTIVITY ESTABLISHED FOR ADMINISTRATIVE OR FUNCTIONAL PURPOSES. 25 COMP. WE ARE AWARE THAT DEPARTMENT OF THE ARMY REGULATIONS REQUIRE THE EXISTENCE OF A POSITION AND A VACANCY THEREIN PRIOR TO THE APPOINTMENT.
B-158797, MAY 19, 1966
TO MR. ROBERT D. KIRKPATRICK:
THIS IS IN REPLY TO YOUR LETTER OF MAY 2, 1966, ASKING FOR OUR REACTIONS TO YOUR COMMENTS ON OUR DECISION B-158797, DATED APRIL 8, 1966, DENYING YOUR CLAIM FOR PER DIEM WHILE ON DUTY IN SOMERVILLE, TEXAS, FOR THE DEPARTMENT OF THE ARMY.
THE ENGINEER DISTRICT OF FORT WORTH TEXAS, DEPARTMENT OF THE ARMY, ISSUED PERMANENT CHANGE OF STATION ORDERS IN YOUR CASE ON JULY 27, 1964, DESIGNATING SOMERVILLE AS YOUR OFFICIAL DUTY STATION FOR TRAVEL PURPOSES WITH YOUR POSITION STILL ASSIGNED TO THE DISTRICT OFFICE IN FORT WORTH. AS INDICATED IN OUR PRIOR DECISION THIS ACTION WAS CONSISTENT WITH SECTION 6.2D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PERTINENT DEPARTMENT OF THE ARMY REGULATIONS (CPR T3.4-5D (1) ( AND LOCAL REGULATIONS (FWDR 55-1-20, CH. 3, APRIL 27, 1964). SUCH ACTION ALSO APPEARS TO BE IN LINE WITH OUR DECISIONS WHICH HAVE HELD THAT IT IS PROPER TO DESIGNATE AS AN EMPLOYEE'S HEADQUARTERS OR POST OF DUTY, FOR PURPOSES OF PAYMENT OF TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE WHEN ABSENT THEREFROM ON OFFICIAL BUSINESS, THE PLACE WHERE THE GREATER PORTION OF HIS DUTIES ARE PERFORMED EVEN THOUGH SUCH PLACE BE AT A LOCATION OTHER THAN THAT OF THE DIVISIONAL HEADQUARTERS OF HIS ACTIVITY ESTABLISHED FOR ADMINISTRATIVE OR FUNCTIONAL PURPOSES. 25 COMP. GEN. 136; 32 ID. 87.
WE ARE AWARE THAT DEPARTMENT OF THE ARMY REGULATIONS REQUIRE THE EXISTENCE OF A POSITION AND A VACANCY THEREIN PRIOR TO THE APPOINTMENT, TRANSFER, OR REASSIGNMENT OF AN EMPLOYEE. SEE CPR R1, TABLE 1 AND R2.1- 1A. IN YOUR CASE THIS REGULATION HAS BEEN FOLLOWED SINCE YOU WERE STILL IN AN ESTABLISHED POSITION IN THE FORT WORTH DISTRICT OFFICE EVEN THOUGH YOUR OFFICIAL DUTY STATION FOR TRAVEL PURPOSES HAD BEEN CHANGED TO SOMERVILLE IN ACCORDANCE WITH APPROPRIATE ARMY REGULATIONS. SEE CPR R1, TABLE 1, PART D. ..END :