B-119744, JUN 30, 1954

B-119744, JUN 30, 1954

PRECIS-UNAVAILABLE

MR. RAE V. ANDERSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 9, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD MAY 1, 1952, TO JANUARY 22, 1953, IN CONNECTION WITH DUTY PERFORMED BY YOU AS A LIEUTENANT (JG), USNR, AT YOKOSUKA, JAPAN.

ORDERS OF APRIL 19, 1952, STATED THAT UPON DECOMMISSIONING OF THE U. S. S. NEWPORT (PF-27), AND WHEN DIRECTED BY THE COMMANDING OFFICER, YOU WERE TO REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL AND YOU WERE FURTHER DIRECTED TO PROCEED TO THE PORT IN WHICH THE U. S. S. MARSH (DE- 699) WAS LOCATED AND REPORT FOR DUTY ON THAT VESSEL. WHILE FIRST ENDORSEMENT OF APRIL 30, 1952, FROM SUCH COMMANDING OFFICER, PURPORTED TO EFFECT YOUR DETACHMENT FROM DUTY ON THE U. S. S. NEWPORT, IT WAS STATED THAT YOUR BASIC ORDERS WERE HELD IN ABEYANCE AND YOU WERE DIRECTED TO REPORT TO THE COMMANDER, FLEET ACTIVITIES, YOKOSUKA, FOR TEMPORARY DUTY PENDING REASSIGNMENT. SECOND ENDORSEMENT FROM THE LATTER OFFICER DATED JANUARY 22, 1953, STATED THAT YOU REPORTED ON MAY 1, 1952, FOR TEMPORARY ADDITIONAL DUTY, THAT SUCH DUTY WAS COMPLETED ON JANUARY 22, 1953, THAT GOVERNMENT QUARTERS WERE AVAILABLE DURING THE PERIOD INVOLVED, AND THAT GOVERNMENT MESSING FACILITIES WERE AVAILABLE DURING THE PERIOD AUGUST 1, 1952, TO DATE OF DETACHMENT. IN LETTER OF MAY 24, 1953, TO THE CHIEF OF NAVAL PERSONNEL YOU STATED THAT THE U. S. S. NEWPORT WAS PLACED "IN SERVICE IN RESERVE" STATUS ON APRIL 30, 1952, THAT NO SUBSISTENCE WAS AVAILABLE ON BOARD AFTER THAT DATE, AND THAT YOU "WERE RETAINED AND QUARTERED ON BOARD" THE VESSEL UNTIL JANUARY 22, 1953.

THE PER DIEM WHICH IS PAYABLE FOR TEMPORARY DUTY OUTSIDE THE UNITED STATES UNDER THE PROVISIONS OF PART F, CHAPTER 4, JOINT TRAVEL REGULATIONS, AND SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, IS PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES "WHEN TRAVELING AWAY FROM THEIR DESIGNATED POSTS OF DUTY." THE VESSEL TO WHICH A NAVAL OFFICER IS ASSIGNED FOR DUTY IS REGARDED AS HIS DESIGNATED POST OF DUTY. IT APPEARS THAT YOU WERE ASSIGNED TO DUTY ON BOARD THE U. S. S. NEWPORT. WHILE THE FIRST ENDORSEMENT OF APRIL 30, 1952, STATED THAT YOU WERE DETACHED ON THAT DATE, YOU ADMIT THAT YOU WERE RETAINED ON THAT VESSEL DURING THE PERIOD OF YOUR CLAIM. ON THE BASIS OF THAT STATEMENT, THE CHIEF OF NAVAL PERSONNEL HAS EXPRESSED THE VIEW THAT YOU ARE NOT ENTITLED TO PER DIEM FOR SUCH DUTY. THIS OFFICE IS IN AGREEMENT WITH THAT VIEW SINCE AN OFFICER CANNOT ENTER INTO A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY AS LONG AS HE CONTINUES TO PERFORM DUTY AT SUCH POST. THE FACT THAT GOVERNMENT MESSING FACILITIES MAY NOT HAVE BEEN AVAILABLE ON THE VESSEL TO WHICH YOU WERE ASSIGNED HAS NO AFFECT ON YOUR RIGHTS IN THE MATTER.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 9, 1953, IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.