B-128739, AUG. 28, 1956

B-128739, AUG. 28, 1956

TO MR. H. L. KNOPES, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF JULY 19, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF JULY 16, 1956, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF LIEUTENANT COLONEL J. FRANK COLE, 06231, USMC, TO PER DIEM UNDER THE CIRCUMSTANCES DISCUSSED BELOW.

BY ORDERS OF NOVEMBER 10, 1955, AS AMENDED NOVEMBER 14, 1955, THE OFFICER WAS DIRECTED TO PROCEED FROM HIS STATION AT MARINE CORPS AIR STATION, MIAMI, FLORIDA, TO CAMP LEJEUNE, NORTH CAROLINA, FOR TEMPORARY ADDITIONAL DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS AS ASSISTANT CHIEF OF STAFF, G-4, TRAINING GROUP, HEADQUARTERS, LANRAEX 1- 56.

IT IS INDICATED THAT HE LEFT HIS STATION AT 1430 HOURS ON NOVEMBER 12, 1955, AND PROCEEDED BY PRIVATELY OWNED CONVEYANCE TO CAMP LEJEUNE WHERE HE ARRIVED AT 1130 HOURS ON NOVEMBER 14, 1955. HE ENTERED UPON TEMPORARY ADDITIONAL DUTY ON NOVEMBER 14, 1955, IN WHICH STATUS HE CONTINUED UNTIL 1030 HOURS ON APRIL 2, 1956, WHEN HE DEPARTED FOR MIAMI, BY PRIVATELY OWNED CONVEYANCE, ARRIVING AT HIS PERMANENT STATION AT 2030 HOURS ON APRIL 3, 1956. FIFTH ENDORSEMENT DATED APRIL 2, 1956, ON HIS ORDERS SHOWS THAT HIS TEMPORARY ADDITIONAL DUTY CONSISTED OF THREE PHASES AS FOLLOWS: A. ADVANCE PLANNING PHASE FROM NOVEMBER 14, 1955, TO JANUARY 14, 1956; B. FIELD PHASE (FIELD DUTY UNDER PURVIEW OF PARAGRAPH 4201-6, JOINT TRAVEL REGULATIONS) FROM JANUARY 14, 1956, TO MARCH 14, 1956; AND C. CRITIQUE PHASE FROM MARCH 14, 1956, TO APRIL 2, 1956. ON NOVEMBER 19 AND 23, 1955, DECEMBER 9, 16, 22, AND 31, 1955, JANUARY 2, 1956, AND MARCH 24 AND 31, 1956, HE TRAVELED IN A PROFICIENCY AND TRAINING CAPACITY IN GOVERNMENT AIRCRAFT BETWEEN CHERRY POINT, NORTH CAROLINA, OR CAMP LEJEUNE, NORTH CAROLINA, AND HIS HOME AT MIAMI, FLORIDA, FOR WHICH DAYS HE HAS BEEN PAID $6, THE PER DIEM RATE FOR ADDITIONAL TEMPORARY DUTY AT CAMP LEJEUNE WHERE GOVERNMENT QUARTERS WERE AVAILABLE. THE DIFFERENCE BETWEEN THAT RATE AND THE TRAVEL PER DIEM RATE OF $9 IS CLAIMED FOR THOSE DAYS APPARENTLY BECAUSE, IN THE ADJUSTMENT OF HIS ORIGINAL VOUCHER, COLONEL COLE WAS CREDITED WITH PER DIEM COMPUTED AT THE TRAVEL RATE FOR THE DAYS ON WHICH HE MADE THE CORRESPONDING RETURN TRIPS. THE COMMANDANT OF THE MARINE CORPS EXPRESSES THE OPINION THAT, EXCEPT FOR THE DOUBT ARISING FROM THE FACT THAT ALLOWANCE WOULD RESULT IN PAYMENT OF A PER DIEM IN A GREATER AMOUNT THAN WOULD HAVE BEEN PAYABLE HAD COLONEL COLE REMAINED AT HIS TEMPORARY DUTY STATION, THIS CLAIM WOULD BE PAYABLE UNDER AUTHORITY OF 34 COMP. GEN. 549 AND B-127628, DATED JUNE 25, 1956.

THE CITED DECISIONS CONCERNED MEMBERS WHO COMMUTED DAILY FROM THEIR PERMANENT STATIONS TO THEIR TEMPORARY DUTY STATIONS. THESE DECISIONS HAVE NO APPLICATION HERE SINCE COLONEL COLE'S TRAVEL BY GOVERNMENT AIRCRAFT, SAID TO HAVE BEEN IN A TRAINING OR PROFICIENCY CAPACITY, A DUTY NOT ENJOINED BY HIS TEMPORARY DUTY ORDERS, WAS INTERMITTENT, AND FROM HIS TEMPORARY DUTY STATION TO PLACE OF PERMANENT DUTY AND RETURN, PERFORMED FOR THE PURPOSE OF LIBERTY AT HOME.

COLONEL COLE TRAVELED BY PRIVATELY OWNED CONVEYANCE ON TWO DAYS' DETACHED SERVICE FROM MIAMI TO CAMP LEJEUNE WHERE HE ARRIVED ON NOVEMBER 14, 1955, AND ENTERED INTO A TEMPORARY DUTY STATUS ENTITLING HIM TO A PER DIEM AT A RATE OF $6. EXCEPT FOR THE PERIOD OF FIELD DUTY WHEN NO PER DIEM WAS PAYABLE, HE REMAINED IN THIS STATUS CONTINUOUSLY UNTIL HIS ULTIMATE DEPARTURE ON APRIL 2, 1956, FOR HIS PERMANENT STATION FOLLOWING COMPLETION OF THE TEMPORARY DUTY ON APRIL 1, 1956. HENCE, HE WAS ENTITLED TO PER DIEM AT THE $6 RATE AS ORIGINALLY CREDITED TO HIM, EXCEPT FOR DAYS ON LIBERTY AT MIAMI FOR THE FULL TWENTY-FOUR HOURS.

ON THE BASIS INDICATED ABOVE, IT WOULD APPEAR THAT COLONEL COLE IS ENTITLED TO ADDITIONAL PAYMENT OF PER DIEM IN THE AMOUNT OF $10.50 (7 BY $1.50). ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH TOGETHER WITH ALL SUPPORTING PAPERS, IS AUTHORIZED, IF SO MODIFIED AND IF OTHERWISE CORRECT.