B-129726, FEBRUARY 21, 1957, 36 COMP. GEN. 606
Highlights
DUTY - PRIOR TO IMPLEMENTING REGULATIONS ALTHOUGH OFFICERS WHO ARE ON FIELD DUTY AS INSTRUCTORS HAVE MET ALL PREREQUISITES FOR ENTITLEMENT TO PER DIEM UNDER THE PROVISIONS OF PARAGRAPH 4201-6 (1) OF THE JOINT TRAVEL REGULATIONS. THAT PARAGRAPH IS NOT SELF-EXECUTING. NO PER DIEM IS PAYABLE FOR TEMPORARY DUTY PERFORMED PRIOR TO THE ISSUANCE OF IMPLEMENTING REGULATIONS. 129726. 1957: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16. YOUR INITIAL SUBMISSION REQUESTED AN INTERPRETATION AS TO WHETHER SUCH MEMBERS ARE CONSIDERED TO BE ON "FIELD DUTY" OR "OTHER SIMILAR ACTIVITIES" OR OTHERWISE WITHIN THE SCOPE OF PARAGRAPH 4201-6. THAT THE MEMBERS WERE PROPERLY TO BE CONSIDERED AS PERFORMING DUTY OF THE TYPE CONTEMPLATED BY THE CITED PARAGRAPH OF THE REGULATIONS BUT THAT.
B-129726, FEBRUARY 21, 1957, 36 COMP. GEN. 606
MILITARY PERSONNEL - SUBSISTENCE - PER DIEM - FIELD, ETC., DUTY - PRIOR TO IMPLEMENTING REGULATIONS ALTHOUGH OFFICERS WHO ARE ON FIELD DUTY AS INSTRUCTORS HAVE MET ALL PREREQUISITES FOR ENTITLEMENT TO PER DIEM UNDER THE PROVISIONS OF PARAGRAPH 4201-6 (1) OF THE JOINT TRAVEL REGULATIONS, THAT PARAGRAPH IS NOT SELF-EXECUTING, AND, THEREFORE, NO PER DIEM IS PAYABLE FOR TEMPORARY DUTY PERFORMED PRIOR TO THE ISSUANCE OF IMPLEMENTING REGULATIONS. 129726, DECEMBER 13, 1956, UNPUBLISHED DECISION, MODIFIED.
TO THE SECRETARY OF THE NAVY, FEBRUARY 21, 1957:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1957, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF DECEMBER 13, 1956, B-129726, TO MAJOR H. L. KNOPES, USMC, DISBURSING OFFICER, CONCERNING VOUCHERS STATED IN FAVOR OF LIEUTENANT COMMANDER RICHARD A. MCMILLINA, 351786/1317, USNR-R, AND ADC ANDREW L. RACKSTRAW, 268 76 66, USNR-R, COVERING PAYMENT OF PER DIEM ALLOWANCES FOR TEMPORARY ADDITIONAL DUTY PERFORMED AT NAVAL AIR STATION, SOUTH WEYMOUTH, MASSACHUSETTS, UNDER ORDERS DATED AUGUST 24 AND 25, 1956.
YOUR INITIAL SUBMISSION REQUESTED AN INTERPRETATION AS TO WHETHER SUCH MEMBERS ARE CONSIDERED TO BE ON "FIELD DUTY" OR "OTHER SIMILAR ACTIVITIES" OR OTHERWISE WITHIN THE SCOPE OF PARAGRAPH 4201-6, JOINT TRAVEL REGULATIONS. IN THE DECISION OF DECEMBER 13, 1956, WE HELD, IN EFFECT, THAT THE MEMBERS WERE PROPERLY TO BE CONSIDERED AS PERFORMING DUTY OF THE TYPE CONTEMPLATED BY THE CITED PARAGRAPH OF THE REGULATIONS BUT THAT, SINCE IT WAS PERFORMED AT SOUTH WEYMOUTH NAVAL AIR STATION, IT WOULD APPEAR TO FALL WITHIN EXCEPTION (1) OF THAT PARAGRAPH AS PUBLISHED IN CHANGE 41, JOINT TRAVEL REGULATIONS. ON THAT BASIS PAYMENT ON THE VOUCHERS WAS AUTHORIZED, IF OTHERWISE CORRECT. IN RESUBMITTING THE MATTER IT IS STATED THAT PARAGRAPH 4201-6 (1) OF SUCH REGULATIONS CONTEMPLATES THE ISSUANCE OF IMPLEMENTING REGULATIONS BY THE SECRETARY CONCERNED AND THAT SUCH IMPLEMENTING REGULATIONS HAVE NOT BEEN ISSUED BUT ARE IN THE PROCESS OF BEING ISSUED.
SINCE PARAGRAPH 4201-6 (1) OF THE JOINT TRAVEL REGULATIONS CLEARLY CONTEMPLATES THE ISSUANCE OF IMPLEMENTING REGULATIONS BY THE SECRETARY CONCERNED, AND INASMUCH AS SUCH REGULATIONS HAVE NOT BEEN ISSUED, WE MUST CONCLUDE THAT THE MEMBERS HERE INVOLVED ARE NOT ENTITLED TO PER DIEM FOR TEMPORARY DUTY PERFORMED AT THE NAVAL AIR STATION, SOUTH WEYMOUTH, MASSACHUSETTS. THEY ARE, HOWEVER, ENTITLED TO PER DIEM WHILE TRAVELING FROM THEIR PERMANENT DUTY STATION, MIAMI, FLORIDA, TO THEIR TEMPORARY DUTY STATION, SOUTH WEYMOUTH, MASSACHUSETTS, AND RETURN TO MIAMI. OUR DECISION OF DECEMBER 13, 1956, B-129726, IS MODIFIED ACCORDINGLY.
IF THE SUBMITTED VOUCHERS, RETURNED HEREWITH, ARE AMENDED IN ACCORDANCE WITH THE FOREGOING, PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.