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B-177252, DEC 26, 1972

B-177252 Dec 26, 1972
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PARAGRAPH 4020 OF THE MARINE CORPS PERSONNEL MANUAL PROVIDES THAT WHEN PERSONNEL ARE HOSPITALIZED IN A U.S. TRANSFER TO AN APPROPRIATE MARINE CORPS ACTIVITY NEAR THE HOSPITAL MAY BE EFFECTED BY SERVICE RECORDS AND DUTY AT THAT NEW STATION IS PERMANENT UNDER THE MEANING OF JTR. SINCE GOVERNMENT QUARTERS WERE UNAVAILABLE AT THE NEW PERMANENT STATION. ABRUZZO: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 26. YOU WERE HOSPITALIZED AT THE U. YOU WERE TRANSFERRED TO THE U.S. WHERE YOU WERE ADMITTED FOR TREATMENT ON JUNE 15. YOU WERE DISCHARGED FROM TREATMENT AND ORDERED TO PROCEED IMMEDIATELY TO THE NAVAL BASE. GOVERNMENT QUARTERS WERE NOT AVAILABLE WHILE ASSIGNED TO THE MARINE BARRACKS.

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B-177252, DEC 26, 1972

MILITARY PERSONNEL - PERMANENT STATION - PER DIEM - BASIC ALLOWANCE FOR QUARTERS DECISION DENYING THE CLAIM OF DOUGLAS C. ABRUZZO FOR PER DIEM FOR DUTY PERFORMED AT MARINE BARRACKS, U.S. NAVAL BASE, PHILADELPHIA, PA., BUT DIRECTING PAYMENT TO HIM OF BASIC ALLOWANCE FOR QUARTERS (BAQ) FOR THAT PERIOD. PARAGRAPH 4020 OF THE MARINE CORPS PERSONNEL MANUAL PROVIDES THAT WHEN PERSONNEL ARE HOSPITALIZED IN A U.S. SERVICE HOSPITAL, TRANSFER TO AN APPROPRIATE MARINE CORPS ACTIVITY NEAR THE HOSPITAL MAY BE EFFECTED BY SERVICE RECORDS AND DUTY AT THAT NEW STATION IS PERMANENT UNDER THE MEANING OF JTR, PARAGRAPH M1150-10A. THEREFORE, PER DIEM MAY NOT BE PAID FOR SUCH DUTY. HOWEVER, IN THIS CASE, SINCE GOVERNMENT QUARTERS WERE UNAVAILABLE AT THE NEW PERMANENT STATION, BAQ SHOULD BE PAID FOR THE PERIOD IN QUESTION.

TO MR. DOUGLAS W. ABRUZZO:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 26, 1972, FROM MR. C. VALENTINE BATES FORWARDING YOUR APPEAL TO SETTLEMENT OF OUR TRANSPORTATION AND CLAIMS DIVISION DATED JANUARY 20, 1972, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR DUTY PERFORMED AT MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA, PENNSYLVANIA, DURING THE PERIOD FROM SEPTEMBER 25, 1970, THROUGH JANUARY 31, 1971.

THE RECORD DISCLOSES THAT WHILE ASSIGNED TO MARINE AIRCRAFT GROUP-31, MARINE CORPS AIR STATION, BEAUFORT, SOUTH CAROLINA, YOU WERE HOSPITALIZED AT THE U. S. NAVAL HOSPITAL, CHARLESTON, SOUTH CAROLINA, REPORTING THERE MAY 29, 1970. BY ORDERS DATED JUNE 11, 1970, YOU WERE TRANSFERRED TO THE U.S. NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, WHERE YOU WERE ADMITTED FOR TREATMENT ON JUNE 15, 1970. BY ORDERS DATED SEPTEMBER 25, 1970, YOU WERE DISCHARGED FROM TREATMENT AND ORDERED TO PROCEED IMMEDIATELY TO THE NAVAL BASE, PHILADELPHIA, PENNSYLVANIA, AND REPORT TO THE COMMANDING OFFICER, MARINE BARRACKS, FOR DUTY AWAITING APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD. YOU REMAINED AT THE MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA, UNTIL YOUR RELEASE FROM ACTIVE DUTY ON FEBRUARY 1, 1971. GOVERNMENT QUARTERS WERE NOT AVAILABLE WHILE ASSIGNED TO THE MARINE BARRACKS.

THE RECORD FURTHER SHOWS THAT BY ORDERS ISSUED AT MARINE CORPS AIR STATION, BEAUFORT, SOUTH CAROLINA, ON JUNE 16, 1970, EFFECTIVE JUNE 18, 1970, YOU WERE TRANSFERRED BY SERVICE RECORDS FROM THE MARINE CORPS AIR STATION, BEAUFORT, SOUTH CAROLINA, TO THE MARINE BARRACKS, U. S. NAVAL HOSPITAL, CHARLESTON, SOUTH CAROLINA.

YOU CLAIMED PER DIEM FOR THE PERIOD FROM SEPTEMBER 25, 1970, THROUGH JANUARY 31, 1971, ON THE PREMISE THAT YOUR ORDERS FOR DUTY AT THE MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA, PENNSYLVANIA, "AWAITING APPEARANCE BEFORE THE PHYSICAL EVALUATION BOARD" CLEARLY INDICATE DUTY OF A TEMPORARY NATURE WHICH ENTITLED YOU TO PER DIEM TO COVER YOUR EXPENSES. IN VIEW OF THE LONG PERIOD YOU WERE AT PHILDELPHIA AND SINCE YOUR ORDERS DID NOT INDICATE THAT THE ORDERED DUTY WAS INTENDED TO BE A TEMPORARY DUTY ASSIGNMENT, THE MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA, WAS CONSIDERED TO BE A PERMANENT DUTY STATION; THERE BEING NO AUTHORITY FOR PAYMENT OF PER DIEM AT A PERMANENT DUTY STATION, YOUR CLAIM WAS DISALLOWED BY THIS OFFICE. ADDITIONALLY, THE MARINE CORPS FINANCE CENTER HAS EXPRESSED THE OPINION THAT YOUR ORDERS CONSTITUTE A PERMANENT CHANGE OF STATION BY SERVICE RECORDS.

A STATION MAY BE EITHER PERMANENT OR TEMPORARY, THE PERMANENT STATION OF A MEMBER OF THE UNIFORMED SERVICES BEING REGARDED AS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS PERFORMED. A PERMANENT STATION IS DEFINED IN PARAGRAPH M1150-10A, JOINT TRAVEL REGULATIONS, AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY." IT IS STATED IN PARAGRAPH M3003-2A THAT THE TERM "TEMPORARY DUTY" MEANS DUTY AT ONE OR MORE LOCATIONS OTHER THAN THE PERMANENT STATION AT WHICH A MEMBER PERFORMS TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT OR PENDING FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR HIS RETURN TO THE OLD PERMANENT STATION UPON COMPLETION OF THE TEMPORARY DUTY. TEMPORARY ADDITIONAL DUTY INVOLVES ONE JOURNEY AWAY FROM THE MEMBER'S DUTY STATION IN THE PERFORMANCE OF PRESCRIBED DUTIES AT ONE OR MORE PLACES AND DIRECT RETURN TO THE STARTING POINT UPON COMPLETION OF SUCH DUTIES. SEE PARAGRAPH M3003-2B.

PARAGRAPH 4020 OF THE MARINE CORPS PERSONNEL MANUAL PROVIDES THAT WHEN PERSONNEL ARE HOSPITALIZED IN A UNITED STATES SERVICE HOSPITAL, TRANSFER OF A MARINE MAY BE EFFECTED TO THE APPROPRIATE MARINE CORPS ACTIVITY NEAR THE HOSPITAL, BY SERVICE RECORDS. IN DECISION B-144900, MARCH 27, 1961, COPY ENCLOSED, WE REFERRED TO A REPORT FROM THE OFFICE OF THE COMMANDANT, U. S. MARINE CORPS, WHICH STATED THAT WHEN A MARINE IS TRANSFERRED AS A PATIENT TO A HOSPITAL LOCATED AT SOME DISTANCE FROM HIS PERMANENT STATION AND IT IS DETERMINED THAT TREATMENT WILL BE PROLONGED, IT IS THE POLICY TO DIRECT A TRANSFER BY SERVICE RECORDS TO A MARINE CORPS INSTALLATION NEAR THE HOSPITAL. WHEN THE MEMBER IS AGAIN FIT FOR DUTY, HE IS DIRECTED BY THE HOSPITAL TO REPORT TO THIS INSTALLATION FOR DUTY. ADDITIONALLY, IT WAS STATED THAT THE ACTIVITY TO WHICH THE MARINE REPORTS FOR DUTY AFTER HOSPITALIZATION HAS ALWAYS BEEN CONSIDERED TO BE HIS PERMANENT STATION AND TEMPORARY DUTY PER DIEM ALLOWANCE NEVER HAS BEEN AUTHORIZED. ACCORDINGLY, IN THE ABOVE-CITED DECISION WE HELD THAT WHEN THE MEMBER REPORTED FOR DUTY AT THE NEARBY INSTALLATION, A PERMANENT CHANGE OF STATION WAS EFFECTUATED.

SINCE IN ACCORD WITH PARAGRAPH 4020 OF THE MANUAL, TRANSFER BY SERVICE RECORDS WAS TO BE TO AN ACTIVITY NEAR THE SITE OF HOSPITALIZATION, IT APPEARS THAT THE ORDER ISSUING AUTHORITY AT BEAUFORT, SOUTH CAROLINA, WAS UNAWARE THAT YOU WERE HOSPITALIZED IN PHILADELPHIA AT THAT TIME, OR THE ORDERS ISSUED JUNE 16, 1970, WOULD HAVE PROVIDED FOR TRANSFER BY SERVICE RECORDS TO MARINE BARRACKS, U. S. NAVAL STATION, PHILADELPHIA AND NOT TO THE CHARLESTON AREA.

ACCORDINGLY UPON YOUR DISCHARGE FROM TREATMENT ON SEPTEMBER 25, 1970, YOU WERE ORDERED TO REPORT TO THE COMMANDING OFFICER, MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA, FOR DUTY AND THAT PLACE BECAME YOUR NEW PERMANENT STATION SINCE YOU WERE DETACHED FROM AND NEVER RETURNED TO YOUR OLD PERMANENT STATION, MARINE CORPS AIR STATION, BEAUFORT, SOUTH CAROLINA. PER DIEM IS NOT PAYABLE TO A MEMBER WHILE HE IS AT HIS PERMANENT STATION. HENCE, THERE IS NO AUTHORITY FOR PAYMENT OF PER DIEM DURING THE PERIOD CLAIMED AND THE SETTLEMENT OF JANUARY 20, 1972, IS SUSTAINED.

AS NOTED ABOVE, GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU WHILE STATIONED AT THE MARINE BARRACKS, U. S. NAVAL BASE, PHILADELPHIA. EXAMINATION OF YOUR PAY RECORDS DISCLOSES THAT YOU WERE NOT CREDITED WITH BASIC ALLOWANCE FOR QUARTERS TO WHICH YOU WERE ENTITLED WHILE RESIDING OFF BASE. ACCORDINGLY, OUR TRANSPORTATION AND CLAIMS DIVISION IS THIS DAY BEING AUTHORIZED TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT OF BASIC ALLOWANCE FOR QUARTERS DUE FOR THE PERIOD FROM SEPTEMBER 25, 1970, THROUGH JANUARY 31, 1971, IF OTHERWISE CORRECT.

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