B-120827, JUN. 24, 1955

B-120827, JUN. 24, 1955

TO REAR ADMIRAL J. L. HERLIHY, SC, USN:

YOUR LETTER OF MAY 27, 1954, REQUESTS REVIEW OF THE SETTLEMENT OF APRIL 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD DECEMBER 31, 1953, TO JANUARY 7, 1954, WHILE YOU WERE STATIONED AT SAN FRANCISCO, CALIFORNIA, AWAITING TRANSPORTATION TO YOUR OVERSEAS STATION UNDER ORDERS DATED DECEMBER 22, 1953.

UNDER THOSE ORDERS, UPON DIRECTION OF THE COMMANDER, WESTERN SEA FRONTIER, YOU WERE DETACHED FROM DUTY AS INSPECTOR GENERAL, SUPPLY CORPS, PACIFIC COAST, AND REPORTED TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA, FOR TRANSPORTATION TO PEARL HARBOR, TERRITORY OF HAWAII. THE RECORD SHOWS THAT YOU WERE DETACHED FROM WESTERN SEA FRONTIER ON DECEMBER 31, 953; THAT YOU REPORTED TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, FOR TRANSPORTATION ON THE SAME DAY, AND THAT YOU DEPARTED SAN FRANCISCO ABOARD A GOVERNMENT VESSEL ON JANUARY 7, 1954. IN YOUR PRESENT LETTER YOU STATE THAT BOTH THE OFFICE OF THE COMMANDER, WESTERN SEA FRONTIER, AND THE OFFICE OF THE INSPECTOR GENERAL, SUPPLY CORPS, PACIFIC COAST, ARE LOCATED ON TREASURE ISLAND AND NOT WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN FRANCISCO. ALSO, YOU INDICATE THAT WHILE YOU COMMUTED BETWEEN YOUR HOME AT SAN MATEO AND TREASURE ISLAND, PRIOR TO TEMPORARY DUTY, YOU MOVED FROM SAN MATEO TO SAN FRANCISCO WHEN YOU REPORTED AT THE LATTER PLACE FOR TEMPORARY DUTY.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES 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," UNDER VARIOUS DESIGNATED CIRCUMSTANCES, INCLUDING TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION. HOWEVER, ALLOWANCES FOR TRAVEL ARE NOT AUTHORIZED FOR ALL ABSENCES FROM AN OFFICER'S STATION. PARAGRAPH 4205-3, JOINT TRAVEL REGULATIONS, PROVIDES THAT NO PER DIEM IS AUTHORIZED FOR A ROUND TRIP PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY. ALSO, PARAGRAPH 6450 OF THOSE REGULATIONS PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE. IT HAS BEEN HELD THAT AN OFFICER'S DESIGNATED POST OF DUTY INCLUDES THE PLACE FROM WHICH AN OFFICER COMMUTES. B-115272, DATED APRIL 27, 1955, 34 COMP. GEN.--- .

SINCE IT APPEARS THAT YOU LIVED IN SAN MATEO AND TRAVELED THROUGH SAN FRANCISCO WHILE COMMUTING TO TREASURE ISLAND, NO TRAVEL WAS REQUIRED BY REASON OF THE TEMPORARY DUTY AT SAN FRANCISCO. IN SUCH CIRCUMSTANCES, YOU DID NOT ENTER A TRAVEL STATUS WHILE PERFORMING SUCH TEMPORARY DUTY AND ANY ADDITIONAL EXPENSE INCURRED BY REASON OF A CHANGE IN YOUR LIVING ARRANGEMENTS WOULD APPEAR TO BE THE RESULT OF THE OVERSEAS ASSIGNMENT RATHER THAN BY REASON OF THE TEMPORARY ASSIGNMENT. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.