B-123140, JUN. 8, 1955

B-123140, JUN. 8, 1955

TO MAJOR J. W. ELDRIDGE, USMC, DISBURSING OFFICER, THROUGH THE COMMANDANT OF THE MARINE CORPS:

UNDER DATE OF MARCH 3, 1955, THE COMMANDANT OF THE MARINE CORPS FORWARDED HERE YOUR LETTER OF JULY 1, 1954, REQUESTING AN ADVANCE DECISIONS ON VOUCHER STATED IN FAVOR OF COMMISSIONED WARRANT OFFICER JOEL E. KING, 030134, USMC, IN THE SUM OF $26.70, FOR PER DIEM FOR TRAVEL AND TEMPORARY DUTY.

BY SPECIAL ORDER NO. 331-1951, DATED NOVEMBER 27, 1951, THE OFFICER WAS DIRECTED TO MAKE A PERMANENT CHANGE OF STATION FROM MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, TO CAMP PENDLETON, OCEANSIDE, CALIFORNIA, FOR FURTHER ASSIGNMENT TO THE 17TH REPLACEMENT DRAFT FOR FURTHER ASSIGNMENT TO DUTY BEYOND THE SEAS. HE REPORTED AT CAMP PENDLETON ON JANUARY 4, 1952, AND TO THE 17TH REPLACEMENT DRAFT ON JANUARY 5, 1952. THE VOUCHER COVERS PER DIEM FOR 24 DAYS, JANUARY 5 TO 28, 1952, WHILE WITH THE LATTER ORGANIZATION, AND ONE DAY, JANUARY 29, 1952, TRAVELING FROM IT TO THE PORT OF DEBARKATION. THE OFFICER REQUESTS PAYMENT ON THE BASIS OF OUR DECISION OF AUGUST 28, 1953, 33 COMP. GEN. 98. YOU QUESTION WHETHER PAYMENT IS PROPER ON THAT BASIS. THE COMMANDANT OF THE MARINE CORPS IN TRANSMITTING YOUR REQUEST STATED THAT IN VIEW OF THE COMPARATIVELY SHORT TIME MEMBERS WOULD SPEND AT CAMP PENDLETON, THE ORDERS WERE SO WRITTEN AS TO PRECLUDE TRANSPORTATION OF DEPENDENTS THERE, AND THAT IT WAS NOT THE INTENTION THAT MEMBERS ASSIGNED TO A REPLACEMENT DRAFT BE IN A STATUS ENTITLING THEM TO PER DIEM FOR THE PERIOD OF THEIR STAY AT CAMP PENDLETON, SINCE THE REPLACEMENT DRAFT WAS THE MEMBERS' DESIGNATED POST OF DUTY DURING SUCH PERIOD.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION OR OTHERWISE; THAT THE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED, AND THAT SUCH ALLOWANCES MAY INCLUDE A PER DIEM IN LIEU OF SUBSISTENCE.

THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT STATUTE, PROVIDE (PARAGRAPH 4200) THAT PER DIEM IS PAYABLE FOR PERIODS OF TEMPORARY DUTY AND THAT (PARAGRAPH 3003-2) THE TERM ,TEMPORARY DUTY" MEANS DUTY AT A LOCATION TO WHICH THE MEMBER IS ORDERED FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

IN THE PRESENT CASE, SINCE THE OFFICER WAS ORDERED TO THE 17TH REPLACEMENT COMMAND TO AWAIT FURTHER ASSIGNMENT TO DUTY OVERSEAS, AND WAS STATIONED THERE ONLY 24 DAYS, IT SEEMS CLEAR THAT THE ASSIGNMENT WAS TEMPORARY. SEE 33 COMP. GEN. 98. PAYMENT ON THE VOUCHER IS AUTHORIZED ACCORDINGLY. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.