B-119580, MAY 13, 1955, 34 COMP. GEN. 597

B-119580, MAY 13, 1955, 34 COMP. GEN. 597

SUBSISTENCE - PER DIEMS - MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY DUTY - WITHIN METROPOLITAN AREA OF HOME NAVAL RESERVE OFFICER ORDERED TO TEMPORARY DUTY IN VICINITY OF HIS HOME WHERE GOVERNMENT QUARTERS AND MESSING FACILITIES ARE AVAILABLE IS NOT ENTITLED TO PER DIEM INASMUCH AS SUCH DUTY COMES WITHIN THE PURVIEW OF PARAGRAPH 6450, JOINT TRAVEL REGULATIONS, WHICH PRECLUDES PAYMENT OF EXPENSES INCIDENT TO SHORT TRIPS IN THE VICINITY OF THE DUTY STATION.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT ( J.G.) CROZIER C. MAUER, DEPARTMENT OF THE NAVY, MAY 13, 1955:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1954, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 10, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AT THE RATE OF $1 PER DAY DURING THE PERIOD JUNE 30 TO SEPTEMBER 19, 1952.

BY BUREAU OF NAVAL PERSONNEL ORDERS OF MAY 1, 1952, ADDRESSED TO YOU AT SAN FRANCISCO, CALIFORNIA, YOU WERE ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, FOR DUTY UNDER INSTRUCTION. IT IS STATED IN BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 9, 1953, THAT THE ORDERS OF MAY 1, 1952, WERE "CORRECTED" TO SHOW YOUR DUTY AS "TEMPORARY DUTY UNDER INSTRUCTION, PENDING FURTHER ASSIGNMENT.' IT APPEARS THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AT THAT PLACE DURING YOUR PERIOD OF DUTY FROM JUNE 30 TO SEPTEMBER 19, 1952.

THE PER DIEM WHICH IS PAYABLE UNDER SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND PART E, CHAPTER 4, JOINT TRAVEL REGULATIONS, FOR TRAVEL AND TEMPORARY DUTY IN THE UNITED STATES, CAN ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ONLY INCIDENT TO TRAVEL "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' SINCE THE CHANGE FROM HOME TO FIRST STATION IS REGARDED AS A PERMANENT CHANGE OF STATION (PARAGRAPH 3003 -1A, JOINT TRAVEL REGULATIONS) PER DIEM MAY BE PAID FOR ORDERED TEMPORARY DUTY EN ROUTE TO AN OFFICER'S FIRST PERMANENT STATION. HOWEVER, AN OFFICER ORDERED TO ACTIVE DUTY DOES NOT ENTER INTO A TRAVEL STATUS UNTIL HE IS REQUIRED TO LEAVE HIS HOME.

AN OFFICER'S "HOME" AT THE TIME HE IS ORDERED TO ACTIVE DUTY IS DEFINED IN PARAGRAPH 1150-3, JOINT TRAVEL REGULATIONS, AS "THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN * * * ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.' IN A COMMUNICATION DATED NOVEMBER 16, 1953, THE CHIEF OF NAVAL PERSONNEL REPORTED TO THIS OFFICE THAT YOUR HOME OF RECORD UPON APPOINTMENT AS AN OFFICER IN THE NAVAL RESERVE WAS 1700 GOLDEN GATE AVENUE, SAN FRANCISCO, CALIFORNIA. IN SUCH CIRCUMSTANCES, THE LATTER ADDRESS MUST BE REGARDED AS YOUR HOME AT THAT TIME.

PARAGRAPH 6450, JOINT TRAVEL REGULATIONS, PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE AND IT HAS BEEN HELD THAT NEITHER PER DIEM NOR MILEAGE IS AUTHORIZED FOR SUCH TRIPS. B-119101 OF EVEN DATE. SINCE THE DUTY PERFORMED BY YOU DURING THE PERIOD OF YOUR CLAIM WAS IN THE IMMEDIATE VICINITY OF YOUR HOME, THERE IS NO BASIS FOR CONCLUDING THAT YOUR DUTY AT OAKLAND INVOLVED MORE THAN A SHORT TRIP WITHIN THE MEANING OF THE REGULATION.

AS TO YOUR STATEMENT THAT SIMILAR CLAIMS OF OTHER OFFICERS WHO ATTENDED THE SAME COURSE OF INSTRUCTION HAVE BEEN PAID BY THIS OFFICE, IT IS NOTED THAT YOU DID NOT FURNISH THE NAMES OF SUCH OFFICERS. IF THE FACTS INVOLVED IN SUCH CLAIMS ARE NOT DISTINGUISHABLE FROM THOSE PRESENTED IN YOUR CLAIM, IT WOULD APPEAR THAT PAYMENT WOULD BE ERRONEOUS AND IF ANY SUCH PAYMENTS WERE ACTUALLY MADE THEY WOULD FURNISH NO BASIS FOR FAVORABLE ACTION ON YOUR CLAIM.

UNDER THE CIRCUMSTANCES DISCLOSED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE DISALLOWANCE IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.