B-139643, JUL. 15, 1959

B-139643, JUL. 15, 1959

TO MR. THEODORE M. PETERSEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 23, 1959, REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 3, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AT WASHINGTON, D.C., AS CHIEF GUNNER'S MATE, UNITED STATES COAST GUARD, DURING THE PERIOD MARCH 10, 1952, TO JUNE 15, 1954.

UNDER ORDERS OF THE COMMANDING OFFICER, USCGC MACKINAC (WAVP-371) DATED MARCH 7, 1952, YOU WERE DIRECTED TO PROCEED AND REPORT TO THE COMMANDER, COAST GUARD GROUP, BALTIMORE, MARYLAND, FOR ASSIGNMENT TO DUTY BY THE COMMANDER, 5TH COAST GUARD DISTRICT, AND IT WAS STATED THAT "THIS ORDER CONSTITUTES A PERMANENT CHANGE OF STATION FOR YOU FROM PRESENT STATION TO SUCH STATION AS MAY BE ASSIGNED BY THE COMMANDER, 5TH CG DISTRICT.' INDORSEMENT OF MARCH 10, 1952, SHOWS THAT YOU REPORTED AT BALTIMORE AS DIRECTED ON MARCH 10 FOR ASSIGNMENT TO DUTY.

YOU STATE THAT YOU WERE ORDERED VERBALLY BY THE EXECUTIVE OFFICER, BALTIMORE GROUP, TO REPORT TO THE COMMANDANT, UNITED STATES COAST GUARD HEADQUARTERS, FOR TEMPORARY ADDITIONAL DUTY AT THE TREASURY PISTOL RANGE, WASHINGTON, D.C., AND THAT YOU WERE ADVISED THAT NO WRITTEN ORDERS WERE ISSUED TO YOU DIRECTING TEMPORARY DUTY AT WASHINGTON FOR THE REASON THAT HEADQUARTERS THERE DID NOT HAVE A PERSONNEL ALLOWANCE OR BILLET FOR A GUNNER'S MATE OF ANY CLASS. YOU STATE FURTHER THAT YOU CONTINUED IN THAT CAPACITY, EXCEPT FOR THE PERIOD JULY 20 TO SEPTEMBER 21, 1953, WHEN ASSIGNED TO DUTY WITH THE COAST GUARD RIFLE AND PISTOL TEAM DETACHMENT, UNTIL ADMINISTRATIVELY TRANSFERRED TO WASHINGTON IN JUNE OR JULY 1954, DUE TO AUTHORIZATION OF A BILLET AT THAT TIME, AND THAT YOUR TOUR OF DUTY AT THE TREASURY RANGE IN WASHINGTON ENDED AUGUST 30, 1956. IN SUPPORT OF YOUR CLAIM YOU HAVE SUBMITTED COPIES OF CORRESPONDENCE FROM THE COMMANDER, BALTIMORE GROUP, DATED SEPTEMBER 16, 1953, AND FEBRUARY 19, 1954, STATING THAT YOU THEN WERE ASSIGNED TO TEMPORARY DUTY AT COAST GUARD HEADQUARTERS IN WASHINGTON.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES AUTHORITY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHEN IN THE PERFORMANCE OF PUBLIC BUSINESS AWAY FROM THEIR DESIGNATED POSTS OF DUTY PURSUANT TO THE REQUIREMENTS OF COMPETENT ORDERS. REGULATIONS PROMULGATED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 1150 OF THOSE REGULATIONS DEFINES THE MEMBER'S DESIGNATED POST OF DUTY OR PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH HE IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. IT IS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS FOR PERFORMANCE. THE TERM "TEMPORARY DUTY," WHICH INCLUDES TEMPORARY ADDITIONAL DUTY, IS DEFINED IN PARAGRAPH 3003-2 OF THE REGULATIONS 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 TRAVEL TO THE PERMANENT STATION UPON ITS COMPLETION. PARAGRAPHS 3000 AND 3001 PROVIDE THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS WRITTEN ORDERS OF COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR.

THE QUESTION OF WHETHER AN ASSIGNMENT TO A PARTICULAR STATION IS TEMPORARY OR PERMANENT IS ONE OF FACT TO BE DETERMINED FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE AND, WHERE NECESSARY, FROM THE CHARACTER OF THE ASSIGNMENT--- PARTICULARLY AS TO ITS DURATION, NATURE OF THE DUTY, EXISTENCE OF DUTY OBLIGATIONS AT ANOTHER STATION, ETC. WHILE AN ADMINISTRATIVE EVALUATION OF THE CHARACTER OF THE ASSIGNMENT, SUCH AS THAT INDICATED BY THE COMMANDER, BALTIMORE GROUP, IN THE PAPERS FORWARDED BY YOU ORDINARILY IS GIVEN CONSIDERABLE WEIGHT IN SUCH A DETERMINATION, IT IS NOT CONCLUSIVE IN THE MATTER WHEN OTHER AVAILABLE EVIDENCE IS CONSIDERED SUFFICIENT TO INDICATE THE EXISTENCE OF A CONTRARY FACTUAL SITUATION.

UNDER THE ORDERS OF MARCH 7, 1952, YOU WERE DIRECTED TO MAKE A PERMANENT CHANGE OF STATION TO SUCH STATION AS MAY BE ASSIGNED. WHILE YOU CONTEND THAT THE ASSIGNMENT AT WASHINGTON WAS INTENDED AS ONE TO TEMPORARY ADDITIONAL DUTY AND THAT YOU WERE TO BE CARRIED ON THE ROLLS AS PERMANENTLY ASSIGNED AT BALTIMORE, NOTHING APPEARING IN THE RECORD INDICATES THAT YOU WERE IN FACT GIVEN A BASIC DUTY ASSIGNMENT AT BALTIMORE OR THAT IT WAS INTENDED THAT YOU SHOULD PROCEED TO BALTIMORE FOR DUTY UPON THE COMPLETION OF A TEMPORARY STAY IN WASHINGTON. ON THE CONTRARY, THE DURATION OF YOUR STAY IN WASHINGTON AND THE ABSENCE WRITTEN ORDERS DIRECTING TEMPORARY DUTY AT WASHINGTON AND UPON ITS COMPLETION A RETURN TO BALTIMORE FOR DUTY, AS REQUIRED BY THE CITED REGULATIONS, INDICATE THAT THE PERMANENT STATION ASSIGNED YOU UNDER THE ORDERS OF MARCH 7, 1952, WAS AT WASHINGTON. UNDER SUCH CIRCUMSTANCES, IT IS CONSIDERED THAT YOUR PERMANENT STATION WAS AT WASHINGTON, D.C., DURING THE PERIOD INVOLVED, AND CONSEQUENTLY, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF APRIL 3, 1959, IS SUSTAINED.