B-120336, JUL 19, 1954

B-120336, JUL 19, 1954

PRECIS-UNAVAILABLE

MAJOR M.A. KORDECKI, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF JUNE 2, 1954, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF APRIL 27, 1954, SUBMITTING FOR ADVANCE DECISION VOUCHERS STATED IN FAVOR OF. ROGER C. PELLETIER AND STEPHEN RABB, PRIVATES, FIRST CLASS, ARMY OF THE UNITED STATES, FOR PER DIEM DURING THE PERIOD NOVEMBER 5 TO 30, 1953, UNDER THE CIRCUMSTANCES STATED BELOW.

BY PARAGRAPH 28, SPECIAL ORDERS NO. 148, JULY 9, 1953, THE ENLISTED MEN WERE DIRECTED TO PROCEED FROM THE ARMY CHEMICAL CENTER, MARYLAND, TO FALL RIVER AND NEW BEDFORD, MASSACHUSETTS, ON TEMPORARY DUTY FOR APPROXIMATELY 90 DAYS IN CONNECTION WITH "INSPEC EQUIP AGENCY ACTIVITIES," UPON COMPLETION OF WHICH THEY WERE TO RETURN TO THE ARMY CHEMICAL CENTER. THE PERIOD OF TEMPORARY DUTY WAS EXTENDED AN ADDITIONAL 25 DAYS EFFECTIVE OCTOBER 12, 1953, BY PARAGRAPH 6, SPECIAL ORDERS NO. 209, OCTOBER 5, 1953. IT APPEARS THAT DURING THE MONTH OF OCTOBER IT WAS DECIDED TO TRANSFER THE MEN TO THE UNITED STATES NAVAL BASE, NEWPORT, RHODE ISLAND, TO CONTINUE TEMPORARY DUTY AT FALL RIVER AND NEW BEDFORD, SINCE BOTH GOVERNMENT MESSING FACILITIES AND QUARTERS WERE AVAILABLE AT THAT PLACE, AND PARAGRAPH 50, SPECIAL ORDERS NO. 231, NOVEMBER 4, 1953, AMENDED THE PRIOR ORDERS SO AS TO RELEASE THEM FROM TEMPORARY DUTY AND FROM DUTY STATION AT THE ARMY CHEMICAL CENTER AND ASSIGN THEM ON A PERMANENT CHANGE OF STATION TO THE NAVAL BASE AT NEWPORT FOR TEMPORARY ADDITIONAL DUTY OF APPROXIMATELY 90 DAYS AT FALL RIVER AND NEW BEDFORD, UPON COMPLETION OF WHICH THEY WERE TO BE RELEASED FROM DUTY STATION AT NEWPORT AND WERE TO RETURN TO THE ARMY CHEMICAL CENTER.

IT LATER DEVELOPED THAT BECAUSE OF THE TRANSPORTATION SITUATION BETWEEN NEWPORT AND FALL RIVER, THE ENLISTED MEN COULD NOT BE AT NEWPORT DURING THE MEAL HOURS AND VERBAL INSTRUCTIONS WERE ISSUED ON NOVEMBER 10, 1953, BY THE COMMANDING OFFICER AT THE ARMY CHEMICAL CENTER, THAT THEY REMAIN AT FALL RIVER IN ACCORDANCE WITH THE ORDERS OF JULY 9, UNTIL NEW ORDERS WERE ISSUED. SUCH ORDERS DATED NOVEMBER 30, 1953, STATED TO HAVE BEEN ISSUED PURSUANT TO VERBAL ORDERS OF THE COMMANDING GENERAL OF NOVEMBER 5, REVOKED THE ORDERS OF NOVEMBER 4 AND AMENDED THE PRIOR ORDERS SO AS TO EXTEND THE PERIOD OF TEMPORARY DUTY FOR AN ADDITIONAL 90 DAYS.

WHETHER A PERMANENT CHANGE OF STATION SHOULD BE ORDERED IN ANY PARTICULAR CASE IS A MATTER FOR ADMINISTRATIVE DETERMINATION, AND THIS OFFICE, GENERALLY, WILL NOT INQUIRE INTO THE REASONS FOR THE ISSUANCE OF ORDERS DIRECTING SUCH A CHANGE. WHILE IT APPEARS THAT THE ENLISTED MEN WERE TRANSFERRED TO THE NAVAL BASE AT NEWPORT FOR THE REASON THAT IT APPEARED THAT THEY COULD USE GOVERNMENT QUARTERS AND MESSING FACILITIES AVAILABLE AT SUCH BASE WHILE THEY WERE PERFORMING TEMPORARY DUTY AT NEARBY PLACES, RESULTING IN A SAVING OF THE PER DIEM WHICH OTHERWISE WOULD HAVE BEEN PAYABLE, THAT CIRCUMSTANCE ALONE DOES NOT FURNISH A SUFFICIENT BASIS FOR REGARDING NEWPORT AS OTHER THAN THEIR NEW PERMANENT STATION. HOWEVER, WHERE AS HERE, ORDERS SHOW ON THEIR FACE THAT A PURPORTED CHANGE OF STATION IS ORDERED NOT FOR THE PURPOSE OF AFFECTING A PERMANENT CHANGE OF STATION, BUT ONLY FOR PURPOSES RELATING TO THE PERFORMANCE OF TEMPORARY DUTY OF LIMITED DURATION AT NEARBY PLACES, UPON COMPLETION OF WHICH A RETURN TO THEIR ORIGINAL STATION IS DIRECTED, SUCH ORDERS MAY NOT BE REGARDED AS ACTUALLY ACCOMPLISHING A PERMANENT CHANGE OF STATION FOR PURPOSES OF DETERMINING ENTITLEMENT TO PER DIEM. THE ORDERS OF NOVEMBER 4 MUST BE VIEWED AS DIRECTING ADDITIONAL TEMPORARY DUTY AWAY FROM PERMANENT STATION AT THE ARMY CHEMICAL CENTER AND THE ENLISTED MEN ARE ENTITLED TO PER DIEM DURING THE PERIOD INVOLVED. THE SUBSEQUENT REVOCATION OF SUCH ORDERS ON NOVEMBER 30, 1953, DID NOT AFFECT SUCH RIGHT. COMPARE 23 COMP. GEN. 713.

IT IS NOTED THAT THE SUBMITTED VOUCHERS SHOW TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM FALL RIVER TO "NEWPORT, MASS.," AND RETURN, ON NOVEMBER 9, 1954 (1953) FOR WHICH IT IS PROPOSED TO PAY A PER DIEM OF $9 RATHER THAN THE $7 RATE PAYABLE FOR DUTY AT FALL RIVER. MILEAGE IS PROPOSED TO BE PAID FOR SUCH TRAVEL ON THE BASIS OF A PURPORTED OFFICIAL MILEAGE TABLE DISTANCE OF 96 MILES AND THE RATE PAYABLE TO RABB IS SHOWN AS SEVEN CENTS PER MILE. THE ORDERS OF NOVEMBER 4 DID NOT DIRECT TRAVEL TO NEWPORT, MASSACHUSETTS, AND HENCE NO RIGHT TO PER DIEM COULD ACCRUE TO THE ENLISTED MEN FOR SUCH TRAVEL. NEITHER THE RAND-MCNALLY COMMERCIAL ATLAS AND MARKETING GUIDE, NOR THE OFFICIAL MILEAGE TABLES LIST A PLACE BY THAT NAME IN MASSACHUSETTS. IF MILEAGE IS CLAIMED FOR TRAVEL TO NEWPORT, RHODE ISLAND, AND RETURN, ON THAT DATE, THE DISTANCE IS INCORRECT SINCE THE DISTANCE BETWEEN THOSE TWO PLACES APPEARS TO BE ONLY ABOUT 20 MILES. ALSO, ATTENTION IS INVITED TO THE FACT THAT THE ORDERS OF NOVEMBER 4 DID NOT CONTAIN A PROVISION SIMILAR TO THAT INCLUDED IN THE ORDERS OF JULY 9, 1953, AUTHORIZING TRAVEL BY PRIVATELY OWNED CONVEYANCE AT SEVEN CENTS PER MILE, AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. HENCE, ONLY FIVE CENTS PER MILE COULD BE ALLOWED FOR SUCH TRAVEL.

IF THE VOUCHERS, RETURNED HEREWITH, ARE AMENDED IN ACCORDANCE WITH THE FOREGOING, PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.