B-115213, SEPTEMBER 1, 1953, 33 COMP. GEN. 103

B-115213, SEPTEMBER 1, 1953, 33 COMP. GEN. 103

SUBSISTENCE - PER DIEMS - TEMPORARY DUTY PENDING FURTHER ASSIGNMENT AN OFFICER WHO IS ASSIGNED TO A STATION FOR A FIVE-MONTHS COURSE OF INSTRUCTION, A DUTY OF LIMITED DURATION DESIGNATED IN THE ORDERS AS TEMPORARY DUTY PENDING THE ISSUANCE OF FURTHER ORDERS, IS ENTITLED TO PER DIEM INCIDENT TO TEMPORARY DUTY AS CONTEMPLATED BY PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS WHICH AUTHORIZES TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE MEMBERS OF UNIFORMED SERVICES ARE ACTUALLY IN A TRAVEL STATUS INCLUDING NECESSARY DELAYS EN ROUTE AND PERIOD OF NECESSARY TEMPORARY ADDITIONAL DUTY.

COMPTROLLER GENERAL WARREN TO COL. J. W. MCMANUS, SEPTEMBER 1, 1953:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 20, 1953, FORWARDED HERE BY ENDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED MAY 13, 1953, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF FIRST LIEUTENANT DOUGLAS K. DRAKE, MPC, IN THE AMOUNT OF $156, COVERING PER DIEM FOR THE PERIOD APRIL 7 TO SEPTEMBER 9, 1951, INCIDENT TO DUTY PERFORMED AT FORT HOLABIRD, MARYLAND, PURSUANT TO ORDERS OF HEADQUARTERS FIRST ARMY, GOVERNORS ISLAND, NEW YORK, NEW YORK, DATED MARCH 2, 1951.

UNDER THE SAID ORDERS LIEUTENANT DRAKE WAS ORDERED INTO THE ACTIVE MILITARY SERVICE AND DIRECTED TO PROCEED FROM HIS HOME IN CLOSTER, NEW JERSEY, ON APRIL 6, 1951, AND REPORT TO THE STUDENT DETACHMENT, CIC CENTER, 8579TH AAU, FORT HOLABIRD, MARYLAND, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. IT WAS PROVIDED FURTHER THAT TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WOULD BE AUTHORIZED WHEN PERMANENT DUTY STATION ORDERS WERE ISSUED. IN APPEARS THAT THE OFFICER PROCEEDED FROM HIS HOME TO FORT HOLABIRD ON APRIL 6 WHERE HE REMAINED UNTIL HIS DEPARTURE THEREFROM ON SEPTEMBER 10, 1951, IN COMPLIANCE WITH DEPARTMENT OF THE ARMY ORDERS DATED AUGUST 17, 1951, WHICH DIRECTED HIM TO PROCEED TO FORT MCPHERSON, GEORGIA, ON PERMANENT DUTY ASSIGNMENT. CERTIFICATES OF THE ASSISTANT ADJUTANT GENERAL, HEADQUARTERS CIC CENTER, FORT HOLABIRD, ATTACHED TO THE VOUCHER, STATE THAT LIEUTENANT DRAKE WAS ORDERED TO THAT STATION TO ATTEND THE BASIC COURSE OF INSTRUCTION AT THE COUNTER INTELLIGENCE CORPS CENTER FOR A PERIOD IN EXCESS OF 20 WEEKS, AS PROVIDED FOR IN THE ARMY SCHOOL CATALOG, AND THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO HIM FOR THE PERIOD WHILE AT THAT STATION. HIS CLAIM IS FOR PER DIEM AT THE RATE OF $1 PER DAY FOR THAT PERIOD, SUCH RATE BEING THAT AUTHORIZED FOR OFFICERS UNDERGOING COURSES OF INSTRUCTION AT INSTALLATIONS OF THE UNIFORMED SERVICES WHERE GOVERNMENT QUARTERS AND MESS ARE AVAILABLE.

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 UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND THAT THE RESPECTIVE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. SUBPARAGRAPHS (G) AND (H) OF THAT SECTION PROVIDE THAT THE SECRETARIES CONCERNED SHALL DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS AND SHALL PROMULGATE REGULATIONS AS THEREIN PROVIDED, SUCH REGULATIONS TO BE UNIFORM FOR ALL SERVICES INSOFAR AS PRACTICABLE. 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, AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, 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 MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY," THE TRAVEL STATUS TERMINATING UPON REPORTING TO THE NEW PERMANENT STATION OR UPON RETURN TO THE OLD PERMANENT STATION.

THE ASSIGNMENT MADE AT FORT HOLABIRD UNDER THE ORDERS OF MARCH 2, 1951, WAS TO A COURSE OF INSTRUCTION, WHICH BY NATURE IS A DUTY OF LIMITED DURATION, AND SUCH ASSIGNMENT WAS DESIGNATED IN THE ORDERS AS TEMPORARY DUTY PENDING THE ISSUANCE OF FURTHER ORDERS, WHILE AS YOU SUGGEST THE ASSIGNMENT WAS TO PERFORM DUTY OF SUCH TYPE AND FOR SUCH DURATION AS MIGHT BE CONSIDERED TO GIVE RISE TO THE RIGHT TO TRANSPORTATION OF DEPENDENTS UNDER PARAGRAPH 7007-2 OF THE JOINT TRAVEL REGULATIONS, A RIGHT ORDINARILY ARISING INCIDENT TO PERMANENT ASSIGNMENT, PARAGRAPH 3003-2 DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION OTHER THAN A 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. THE ORDERS OF MARCH 2, 1951, CLEARLY DIRECTED TEMPORARY DUTY AT FORT HOLABIRD WITHIN THAT DEFINITION, AND THE ASSIGNMENT WAS OF A TERMINABLE NATURE RATHER THAN OF THE INDEFINITE NATURE ORDINARILY CHARACTERISTIC OF PERMANENT DUTY ASSIGNMENTS. IT APPEARS, THEREFORE, THAT SUCH DUTY, DESIGNATED AS TEMPORARY IN THE ORDERS, WAS TEMPORARY WITHIN THE CONTEMPLATION OF THE REGULATIONS. CF. 27 COMP. GEN. 253. ACCORDINGLY, IF OTHERWISE PROPER, PAYMENT IS AUTHORIZED ON THE VOUCHER WHICH IS RETURNED HEREWITH.