B-112590, JANUARY 22, 1953, 32 COMP. GEN. 330

B-112590, JANUARY 22, 1953, 32 COMP. GEN. 330

SUBSISTENCE - PER DIEM - MILITARY, NAVAL, ETC., PERSONNEL - PERMANENT CHANGE OF STATION ORDERS AMENDED TO TEMPORARY DUTY A MARINE CORPS OFFICER, WHOSE ORDERS DIRECTING HIM TO PROCEED OVERSEAS ON A PERMANENT CHANGE OF STATION WERE AMENDED TO PROVIDE THAT THE TRAVEL WAS "FOR TEMPORARY ADDITIONAL DUTY FOR TRAINING" RATHER THAN A PERMANENT CHANGE OF STATION--- WITH NO INDICATION THAT A RETURN TO HIS OLD DUTY STATION WAS REQUIRED OR THAT A FURTHER ASSIGNMENT TO A NEW PERMANENT DUTY STATION WAS CONTEMPLATED--- IS NOT PERFORMING "TEMPORARY DUTY" AWAY FROM HIS PERMANENT STATION WITHIN THE MEANING OF THAT TERM, AS USED IN THE JOINT TRAVEL REGULATIONS, SO AS TO BE ENTITLED TO PER DIEM FOR SUCH DUTY.

ACTING COMPTROLLER GENERAL YATES TO MAJOR M. O. SADLER, U.S. MARINE CORPS, JANUARY 22, 1953:

BY FIRST ENDORSEMENT OF OCTOBER 20, 1952, THE COMMANDANT OF THE MARINE CORPS FORWARDED TO THIS OFFICE YOUR LETTER OF AUGUST 30, 1952, REQUESTING ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON VOUCHER, SUBMITTED THEREWITH, COVERING PAYMENT OF PER DIEM AT THE RATE OF $2.70 PER DAY TO SECOND LIEUTENANT GEORGE F. GORHAM, USMC, FOR THE PERIOD FEBRUARY 23 TO JULY 31, 1952.

BY ORDERS OF JANUARY 29, 1952, ISSUED AT MARINE CORPS AIR STATION, EL TORO, SANTA ANA, CALIFORNIA, VARIOUS UNITS OF MARINE AIRCRAFT GROUP 13, INCLUDING HEADQUARTERS SQUADRON OF WHICH LIEUTENANT GORHAM WAS A MEMBER, WERE DIRECTED TO PROCEED ON A PERMANENT CHANGE OF STATION TO MARINE CORPS AIR STATION, KANEOHE BAY, T.H.SUCH ORDERS WERE AMENDED ON FEBRUARY 11, 1952, TO DELETE THE REFERENCE TO A PERMANENT CHANGE OF STATION AND TO SUBSTITUTE LANGUAGE STATING THAT A PERMANENT CHANGE OF STATION WAS NOT INVOLVED AND THAT THE DIRECT TRAVEL WAS "FOR TEMPORARY ADDITIONAL DUTY FOR TRAINING.' HOWEVER, NOTHING WAS STATED THEREIN INDICATING THAT A RETURN TO EL TORO WAS REQUIRED OR THAT A FURTHER ASSIGNMENT TO A NEW PERMANENT STATION WAS CONTEMPLATED. IT IS STATED THAT THE OFFICER ARRIVED AT THE MARINE CORPS AIR STATION AT KANEOHE BAY ON FEBRUARY 23, THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS WERE AVAILABLE THEREAT, AND THAT THE HOME PORT OF HEADQUARTERS SQUADRON, MARINE AIR GROUP 13 WAS CHANGED FROM EL TORO TO MARINE CORPS AIR STATION, KANEOHE BAY ON AUGUST 1, 1952.

PARAGRAPH 4250-7, INSTRUCTION MEMORANDUM 2-2, NOVEMBER 1, 1951, JOINT TRAVEL REGULATIONS, AUTHORIZES THE PAYMENT OF PER DIEM AT THE RATES PRESCRIBED THEREIN FOR PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS OUTSIDE THE UNITED STATES, EXCEPT TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION. THE RATE FIXED FOR OFFICERS ON TEMPORARY DUTY AT STATIONS IN HAWAII WHERE BOTH GOVERNMENT QUARTERS AND GOVERNMENT MESS ARE AVAILABLE IS $2.70 PER DAY. SEE PARAGRAPH 4254 AND APPENDIX B THEREOF. TEMPORARY DUTY IS DEFINED IN PARAGRAPH 3003-2, AS:

* * * DUTY AT A LOCATION OTHER THAN PERMANENT STATION TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

IT APPEARS THAT THE HOME PORT OF ALL BUT ONE OF THE ABOVE-MENTIONED UNITS WAS CHANGED FROM EL TORO TO THE MARINE CORPS AIR STATION AT KANEOHE BAY, EFFECTIVE FEBRUARY 1, 1952. THE AMENDATORY ORDERS OF FEBRUARY 11, 1952, CHANGED SUCH HOME PORT BACK TO EL TORO, SUCH ACTION APPARENTLY BEING TAKEN ON THE BASIS OF A DISPATCH FROM THE COMMANDER-IN 1CHIEF, PACIFIC FLEET, FEBRUARY 2, 1952, RECOMMENDING THAT THE HOME PORTS OF MARINE AIRCRAFT GROUP 13 AND ATTACHED UNITS, BE CHANGED BACK TO THOSE EXISTING PRIOR TO FEBRUARY 1, 1952, AND A DISPATCH FROM THE CHIEF OF NAVAL OPERATIONS DATED FEBRUARY 6, 1952, STATING THAT SUCH HOME PORTS WERE BEING CHANGED BY SEPARATE CORRESPONDENCE. IT IS UNDERSTOOD THAT THE DISPATCH OF FEBRUARY 2 WAS ISSUED AND THE DECISION TO AMEND THE CHANGE OF STATION ORDERS OF JANUARY 29 WAS REACHED, NOT BECAUSE IT WAS DECIDED THAT THE UNIT OF WHICH THE OFFICER WAS A MEMBER SHOULD PROCEED TO HAWAII FOR THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY UPON COMPLETION OF WHICH HE AND THE OTHER MEMBERS THEREOF SHOULD RETURN TO EL TORO, BUT BECAUSE THERE WAS NOT THEN SUFFICIENT FACILITIES TO HOUSE THE DEPENDENTS OF THE PERSONNEL INVOLVED AT THE NEW STATION. HOWEVER, AVAILABILITY OF QUARTERS FOR DEPENDENTS HAS NOT BEEN REGARDED AS A RELEVANT FACTOR IN DETERMINING WHETHER OR NOT THE STATION TO WHICH AN OFFICER IS ASSIGNED FOR DUTY, IS A TEMPORARY OR PERMANENT STATION, NOR WOULD THERE APPEAR TO BE ANY BASIS ON WHICH TO CONCLUDE THAT SUCH AVAILABILITY OR NONAVAILABILITY SHOULD BE A DETERMINING FACTOR IN SUCH CASES. SINCE THE ORIGINAL ORDERS DIRECTED A PERMANENT CHANGE OF STATION AND SINCE IT APPEARS THAT NO ACTUAL TEMPORARY DUTY WAS INVOLVED, THE AMENDATORY ORDERS NOT PROVIDING FOR A FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR A RETURN TO THE OLD PERMANENT STATION, THIS OFFICE WOULD NOT BE WARRANTED IN CONCLUDING THAT THE OFFICER WAS PERFORMING "TEMPORARY DUTY" AWAY FROM HIS PERMANENT STATION WITHIN THE MEANING OF THAT TERM AS DEFINED AND USED IN THE CITED REGULATIONS.

ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER WILL BE RETAINED IN THIS OFFICE.