B-120844, NOV 29, 1954

B-120844, NOV 29, 1954

PRECIS-UNAVAILABLE

CAPTAIN F. RAWLEY, FC., DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR COMMUNICATION OF JUNE 16, 1954, FORWARDED TO THIS OFFICE BY THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, SUBMITTING FOR DECISION A VOUCHER STATED IN FAVOR OF FIRST LIEUTENANT RICHARD R. THOMPSON, ASC, IN THE SUM OF $222.75, REPRESENTING PER DIEM FOR 24-3/4 DAYS DURING THE PERIOD NOVEMBER 16 TO DECEMBER 11, 1953, INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT NEW YORK, NEW YORK.

BY RADIO ERRORS OF THE ADJUTANT GENERAL, DATED SEPTEMBER 10, 1953, LIEUTENANT THOMPSON WAS RELIEVED FROM DUTY AT FORT HAMILTON, NEW YORK, ASSIGNED TO DUTY AT FORT LEWIS, WASHINGTON, FOR FURTHER ASSIGNMENT IN THE FAR EAST, A PERMANENT CHANGE OF STATION, AND WAS DIRECTED TO REPORT NOT LATER THAN NOVEMBER 16, 1953, TO HEADQUARTERS ARMY AND AIR FORCE EXCHANGE SERVICE, 25 WEST 43RD STREET, NEW YORK, NEW YORK, FOR TEMPORARY DUTY OF APPROXIMATELY FOUR WEEKS TO ATTEND AN EXCHANGE OFFICER COURSE, UPON THE COMPLETION OF WHICH HE WAS TO PROCEED AND REPORT AT FORT LEWIS. THE ITINERARY SUBMITTED SHOWS THAT THE OFFICER LEFT FORT HAMILTON AND REPORTED AT HEADQUARTERS ARMY AND AIR FORCE EXCHANGE SERVICE IN NEW YORK CITY FOR TEMPORARY DUTY ON NOVEMBER 16 AND THAT HE LEFT THE TEMPORARY STATION EN ROUTE TO FORT LEWIS ON DECEMBER 11, 1953. CERTIFICATES ATTACHED SHOW THAT HIS QUARTERS ASSIGNMENT AT FORT HAMILTON WAS TERMINATED EFFECTIVE NOVEMBER 14, 1953, AND THAT GOVERNMENT QUARTERS AND MESS WERE NOT AVAILABLE TO HIM AT HIS TEMPORARY STATION IN NEW YORK CITY.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS, INSOFAR AS APPLICABLE, PROVIDES THAT MEMBERS OF THE ARMED FORCES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," THAT THEY SHALL BE DEEMED 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, AND THAT THAT STATUS COMMANDED "WITH DEPARTURE FROM PERMENANT DUTY STATION" AND TERMINATES WITH RETURN TO THE PERMANENT DUTY STATION OR UPON REPORTING TO A NEW PERMANENT DUTY STATION. PARAGRAPH 4201-4 OF THE REGULATIONS PROVIDES THAT TEMPORARY PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD PRIOR TO THE DAY OF DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10. AS THE TERM IS DEFINED IN PARAGRAPH 1150-10, A MEMBER'S PERMANENT DUTY STATION IS THE POST OF DUTY OR OFFICIAL STATION WHERE ASSIGNED OR ATTACHED FOR OTHER THAN TEMPORARY OR TEMPORARY ADDITIONAL DUTY "THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED." UNDER SUCH REGULATIONS THE EXISTENCE OF A TRAVEL STATUS, REQUISITE FOR THE PAYMENT OF PER DIEM, DOES NOT ARISE UNTIL ACTUAL DEPARTURE FROM THE OLD DUTY STATION AND THEREFORE A RIGHT TO PER DIEM PROPERLY MAY NOT BE CONSIDERED TO ARISE INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT A POINT WITHIN THE PHYSICAL BOUNDARIES OF THE PERMANENT STATION PRIOR TO SUCH DEPARTURE. CONSEQUENTLY, THE CONCLUSION THAT PER DIEM MAY NOT ACCRUE TO A MEMBER PERFORMING TEMPORARY DUTY WITHIN THE PHYSICAL BOUNDARIES OF THE PERMANENT STATION IS REQUIRED REGARDLESS OF WHETHER ITS PERFORMANCE INVOLVES A CHANGE IN LIVING ARRANGEMENTS WITH A RESULTING INCREASE IN LIVING EXPENSES. COMPARE B-54139, MARCH 21, 1946, B-76453, JULY 18, 1948.

INASMUCH AS THE CITED REGULATIONS DEFINE THE LIMITS OF THE PERMANENT DUTY STATION AS THE CORPORATE LIMITS OF THE CITY OR TOWN WHERE STATIONED, AND SINCE FORT HAMILTON AND THE TEMPORARY STATION INVOLVED BOTH APPEAR TO BE LOCATED WITHIN THE CORPORATE LIMITS OF NEW YORK CITY, IT MUST BE CONCLUDED THAT LIEUTENANT THOMPSON WAS NOT IN A TRAVEL STATUS DURING THE TEMPORARY DUTY PERIOD IN QUESTION AND SO IS NOT ENTITLED TO PER DIEM FOR THAT PERIOD. ACCORDINGLY, PAYMENT PROPERLY MAY NOT BE MADE ON THE PRESENTED VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.