Skip to main content

B-115272, APRIL 27, 1955, 34 COMP. GEN. 549

B-115272 Apr 27, 1955
Jump To:
Skip to Highlights

Highlights

WHICH IS OUTSIDE THE LIMITS OF HIS PERMANENT DUTY STATION. WHOSE TOUR OF DUTY IS NINE HOURS A DAY. IS ENTITLED TO THE TEMPORARY DUTY PER DIEM ALLOWANCE PROVIDED IN PARAGRAPH 4205-2 OF THE JOINT TRAVEL REGULATIONS PRESCRIBED UNDER SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. 1955: REFERENCE IS MADE TO YOUR LETTERS OF APRIL 28 AND JUNE 28. IT APPEARS THAT YOUR PERMANENT STATION WAS CAMP ROBERTS. YOUR TEMPORARY DUTY WAS EXTENDED FOR PERIODS OF 16 AND 30 DAYS. YOUR CLAIM WAS DISALLOWED BECAUSE OF THE RESTRICTION IN YOUR ORDERS AGAINST PAYMENT OF PER DIEM. REPORTS THAT YOU WERE NOT FURNISHED QUARTERS AT EITHER CAMP ROBERTS OR CAMP SAN LUIS OBISPO AND THAT YOU OCCUPIED CIVILIAN QUARTERS WITH YOUR FAMILY IN ATASCADERO.

View Decision

B-115272, APRIL 27, 1955, 34 COMP. GEN. 549

SUBSISTENCE - PER DIEMS - MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY DUTY - DAILY RETURN TO HOME OUTSIDE LIMITS OF HEADQUARTERS AN OFFICER WHO COMMUTES DAILY FROM HIS HOME, WHICH IS OUTSIDE THE LIMITS OF HIS PERMANENT DUTY STATION, TO A TEMPORARY DUTY STATION 29 MILES AWAY, AND WHOSE TOUR OF DUTY IS NINE HOURS A DAY, MAY BE CONSIDERED TO BE ABSENT FROM HIS DESIGNATED POST OF DUTY IN EXCESS OF TEN HOURS A DAY AND, THEREFORE, IS ENTITLED TO THE TEMPORARY DUTY PER DIEM ALLOWANCE PROVIDED IN PARAGRAPH 4205-2 OF THE JOINT TRAVEL REGULATIONS PRESCRIBED UNDER SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LOUIS M. TEDONE, APRIL 27, 1955:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 28 AND JUNE 28, 1953, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 23, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD MARCH 17 TO MAY 17, 1952, INCIDENT TO TEMPORARY DUTY PERFORMED BY YOU AS FIRST LIEUTENANT, MEDICAL CORPS, PURSUANT TO LETTER ORDERS NO. 3-50, HEADQUARTERS 7TH ARMORED DIVISION, CAMP ROBERTS, CALIFORNIA, DATED MARCH 17, 1952, AND LETTER ORDERS NOS. 3- 111 AND 4-98, SAME HEADQUARTERS, DATED MARCH 31 AND APRIL 21, 1952, RESPECTIVELY.

IT APPEARS THAT YOUR PERMANENT STATION WAS CAMP ROBERTS, CALIFORNIA. LETTER ORDERS NO. 3-50 DIRECTED YOU TO PROCEED ON OR ABOUT MARCH 18, 1952, TO CAMP SAN LUIS OBISPO ON TEMPORARY DUTY FOR APPROXIMATELY 14 DAYS AND UPON COMPLETION OF THE TEMPORARY DUTY TO RETURN TO PROPER STATION. SUCH ORDERS STATED," NO PER DIEM AT CP SAN LUIS OBISPO.' BY LETTER ORDERS NOS. 3-111 AND 4-98, YOUR TEMPORARY DUTY WAS EXTENDED FOR PERIODS OF 16 AND 30 DAYS, RESPECTIVELY. YOUR CLAIM WAS DISALLOWED BECAUSE OF THE RESTRICTION IN YOUR ORDERS AGAINST PAYMENT OF PER DIEM.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES, IN PERTINENT PART, THAT:

(A) UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS (1) UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY REGARDLESS OF THE LENGTH OF TIME AWAY FROM SUCH DESIGNATED POSTS OF DUTY * * *. THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE (1) THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED * * *AND (2) THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED AMOUNTS HEREIN AUTHORIZED. THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED FOR EACH TYPE OF TRAVEL SHALL BE LIMITED TO ONE OF THE FOLLOWING: * * * A PER DIEM IN LIEU OF SUBSISTENCE NOT TO EXCEED $9 PER DAY * * *.

HEADQUARTERS, SOUTHWESTERN SIGNAL CORPS TRAINING CENTER AND CAMP SAN LUIS OBISPO, REPORTS THAT YOU WERE NOT FURNISHED QUARTERS AT EITHER CAMP ROBERTS OR CAMP SAN LUIS OBISPO AND THAT YOU OCCUPIED CIVILIAN QUARTERS WITH YOUR FAMILY IN ATASCADERO, CALIFORNIA, APPROXIMATELY 25 MILES NORTH OF CAMP SAN LUIS OBISPO. IT IS REPORTED ALSO THAT YOU HAD BEEN COMMUTING DAILY FROM ATASCADERO TO CAMP ROBERTS, A DISTANCE OF APPROXIMATELY 29 MILES; THAT YOU COMMUTED DAILY MONDAY THROUGH SUNDAY, FROM ATASCADERO TO YOUR TEMPORARY DUTY STATION; AND THAT YOUR NORMAL DUTY HOURS AT YOUR TEMPORARY DUTY STATION WERE FROM 8 A.M. TO 5 P.M., MONDAY THROUGH FRIDAY, AND 8 A.M. TO 12 NOON ON SATURDAY.

WHILE THE QUOTED PROVISIONS OF THE STATUTE PROVIDE GENERALLY FOR THE PAYMENT OF A PER DIEM TO MEMBERS OF THE ARMED FORCES FOR TRAVEL AND TEMPORARY DUTY AWAY FROM THEIR DESIGNATED POSTS OF DUTY, PARAGRAPH 4205 4 OF THE JOINT TRAVEL REGULATIONS, PRESCRIBED BY THE SECRETARIES CONCERNED UNDER AUTHORITY OF THE STATUTE, PROHIBITS THE PAYMENT OF PER DIEM INCIDENT TO A ROUND TRIP PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY. AND PARAGRAPH 4205-2 OF THE REGULATIONS PROVIDES THAT IN COMPUTING THE TEMPORARY DUTY PER DIEM ALLOWANCE FOR A CONTINUOUS TRAVEL STATUS OF MORE THAN TEN HOURS, THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT AND FOR FRACTIONAL PARTS OF A DAY ON THE DAYS OF DEPARTURE FROM AND ARRIVAL AT THE PERMANENT DUTY STATION IN CONNECTION WITH SUCH CONTINUOUS TRAVEL AND TEMPORARY DUTY, ONE-FOURTH OF THE $9 PER DIEM RATE WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR FRACTION OF SIX HOURS, WITH NO DEDUCTIONS FOR QUARTERS OR SUBSISTENCE. WHEN, AS IN YOUR CASE, THE FACTS OTHERWISE BRING A MEMBER OF THE ARMED FORCES PERFORMING TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION WITHIN THOSE PROVISIONS OF THE REGULATIONS, THIS OFFICE MAY NOT CONCLUDE THAT SUCH PROVISIONS ARE NOT FOR APPLICATION BECAUSE THE QUARTERS OCCUPIED BY HIM INCIDENT TO HIS PERMANENT STATION AND FROM WHICH HE COMMUTES DAILY TO HIS TEMPORARY DUTY STATION MAY BE OUTSIDE THE LIMITS OF THE PERMANENT STATION AS DEFINED IN PARAGRAPH 1150 OF THE JOINT TRAVEL REGULATIONS.

IN THAT CONNECTION IT MAY BE NOTED THAT PARAGRAPH 8000-4 OF THE JOINT TRAVEL REGULATIONS EFFECTIVE APRIL 1, 1951, IN DEFINING "DUTY STATIONS," EXPRESSLY INCLUDES "2. THE PLACE TO WHICH A MEMBER IS ACTUALLY ASSIGNED FOR DUTY, INCLUDING A PLACE FROM WHICH HE COMMUTES DAILY TO HIS ASSIGNED STATION.' (ITALICS SUPPLIED). WHILE THAT PROVISION IS IN A CHAPTER RELATING TO THE TRANSPORTATION OF HOUSEHOLD GOODS, NO REASON IS PERCEIVED WHY THAT SAME CONCEPT OF THE DUTY STATION SHOULD NOT APPLY LIKEWISE IN DETERMINING THE RIGHTS OF MEMBERS TO A PER DIEM WHEN "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' WITHIN THE MEANING OF THE STATUTE, PARTICULARLY SINCE THE BASIC PURPOSE OF THE PER DIEM ALLOWANCE IS TO COMPENSATE MEMBERS FOR THEIR INCREASED LIVING EXPENSES WHEN REQUIRED BY COMPETENT ORDERS TO SUBSIST THEMSELVES AWAY FROM THEIR USUAL PLACES OF ABODE. COMPARE 31 COMP. GEN. 266. SEE, ALSO, 21 COMP. GEN. 697.

THE RECORD DOES NOT DISCLOSE THE TIME AT WHICH YOU DEPARTED DAILY FROM YOUR HOME FOR YOUR TEMPORARY DUTY STATION NOR THE TIME OF YOUR RETURN. HOWEVER, SINCE YOUR DUTY AT CAMP SAN LUIS OBISPO MONDAY THROUGH FRIDAY COVERED NINE HOURS AND AS THE ROUND-TRIP DISTANCE FROM YOUR HOME TO YOUR TEMPORARY DUTY STATION WAS APPROXIMATELY 50 MILES, IT REASONABLY MAY BE ASSUMED THAT YOUR DAILY PERIOD OF ABSENCE WAS BETWEEN 10 AND 12 HOURS SO AS TO ENTITLE YOU TO ONE-HALF OF THE $9 PER DIEM ALLOWANCE FOR SUCH DAYS. AS TO SATURDAY, YOUR FOUR-HOUR PERIOD OF DUTY AT CAMP SAN LUIS OBISPO DOES NOT PERMIT ANY ASSUMPTION THAT YOUR ROUND TRIP TIME EXCEEDED TEN HOURS AND YOU DID NOT REPORT FOR DUTY AT ALL ON SUNDAY. ACCORDINGLY, NO PER DIEM IS PAYABLE FOR THOSE DAYS.

A SETTLEMENT FOR THE AMOUNT OF PER DIEM FOUND DUE YOU ON THE BASIS OF THE FOREGOING WILL ISSUE IN YOUR FAVOR IN DUE COURSE.

GAO Contacts

Office of Public Affairs