B-112920, JUN 23, 1953

B-112920, JUN 23, 1953

PRECIS-UNAVAILABLE

RENATO L. RAGUCCI:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 8, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 2, 1952, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD AUGUST 27 TO SEPTEMBER 11, 1951, INCIDENT TO TEMPORARY DUTY PERFORMED PURSUANT TO ORDERS DATED AUGUST 17, 1951.

UNDER THE SAID ORDERS OF AUGUST 17, 1951, YOU WERE RELIEVED FROM DUTY WITH THE 809TH ENGINEER AVIATION BATTALION AT EGLIN AIR FORCE BASE, FLORIDA, AND ASSIGNED TO THE 937TH ENGINEER AVIATION GROUP, ORLANDO, FLORIDA, WITH 20 DAYS OF TEMPORARY DUTY AT THE EGLIN AIR FORCE BASE UPON THE COMPLETION OF WHICH YOU WERE DIRECTED TO PROCEED TO YOUR ASSIGNED STATION. THE ORDERS CONTAINED THE PROVISION "PER DIEM AUTH.," AND STATED THAT GOVERNMENT MESSING FACILITIES AND QUARTERING FACILITIES WERE NOT AVAILABLE. YOU HAVE CERTIFIED THAT NO GOVERNMENT QUARTERS OR MESSING FACILITIES WERE AVAILABLE AT YOUR TEMPORARY DUTY STATION DURING THE PERIOD OF YOUR CLAIM "DUE TO TRANSFER OF PARENT ORGANIZATION."

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS "UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY," AND ALSO THAT THE RESPECTIVE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED AND THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED AMOUNTS AUTHORIZED IN THAT SECTION. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO THE MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY," SUCH STATUS TO COMMENCE WITH THE DEPARTURE FROM THE PERMANENT DUTY STATION.

THE RULE IS WELL ESTABLISHED THAT THE RIGHT TO PER DIEM OR OTHER TRAVEL ALLOWANCE DOES NOT ARISE UNTIL THE TRAVELER IS REQUIRED TO DEPART AND ACTUALLY DOES DEPART FROM HIS DUTY STATION. SUCH RULE UNIFORMLY HAS BEEN HELD APPLICABLE IN SITUATIONS SUCH AS THAT HERE INVOLVED WHERE THERE IS A RELIEF FROM DUTY AT A STATION UNDER CIRCUMSTANCES WHERE A RETURN THERETO IS NOT CONTEMPLATED AND ASSIGNMENT TO THE PERFORMANCE OF TEMPORARY DUTY AT THAT STATION PRIOR TO DEPARTURE FOR THE NEW STATION. 8 COMP. GEN. 158, B- 63916, APRIL 9, 1947, B 69144, OCTOBER 3, 1947. THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS CLEARLY INDICATE AN INTENTION THAT THE APPLICATION OF THAT RULE SHOULD BE CONTINUED UNDER THOSE REGULATIONS. CONSEQUENTLY, THE CONCLUSION IS REQUIRED THAT YOU WERE NOT IN A TRAVEL STATUS FOR PER DIEM PURPOSES UNDER THE ORDERS OF AUGUST 17, 1951, AS AMENDED, UNTIL YOUR DEPARTURE FROM THE EGLIN AIR FORCE BASE SUBSEQUENT TO THE COMPLETION OF THE TEMPORARY DUTY DIRECTED FOR PERFORMANCE THERE, AND SO ARE NOT ENTITLED TO THE PER DIEM CLAIMED. IF THE OTHER MEN REFERRED TO IN THE ORDERS OF AUGUST 17, 1951, WERE PAID PER DIEM INCIDENT TO PERFORMING TEMPORARY DUTY AT THE EGLIN AIR FORCE BASE UNDER THOSE ORDERS, THE PAYMENTS CLEARLY WERE ERRONEOUS AND CONSEQUENTLY COULD NOT SERVE AS A BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

HOWEVER, IN VIEW OF THE FACT THAT THE ORDERS OF AUGUST 17, 1951, STATED THAT GOVERNMENT MESSING AND QUARTERING FACILITIES WERE NOT AVAILABLE INCIDENT TO THE PERFORMANCE OF THE TEMPORARY DUTY DIRECTED, AND OF YOUR CERTIFICATION, DATED JANUARY 22, 1952, THAT NO GOVERNMENT QUARTERS OR MESSING FACILITIES WERE AVAILABLE FOR THE PERIOD FROM 6 A.M., AUGUST 27 TO 5 A.M., SEPTEMBER 11, 1951, IT APPEARS PROPER TO CONCLUDE THAT YOU ARE ENTITLED FOR THAT PERIOD TO THE BASIC ALLOWANCE FOR SUBSISTENCE AND QUARTERS AUTHORIZED BY SECTIONS 301 AND 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 813, AND REGULATIONS PROMULGATED THEREUNDER, FOR ENLISTED PERSONNEL OF THE ARMY ON DUTY UNDER CIRCUMSTANCES WHERE RATIONS IN KIND AND QUARTERS ARE NOT FURNISHED. SETTLEMENT OF YOUR CLAIM WILL BE MADE ON THAT BASIS IN DUE COURSE.