B-130840, APR. 2, 1957

B-130840, APR. 2, 1957

TO D. CABOT, DISBURSING OFFICER, OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY:

YOUR LETTER OF FEBRUARY 7, 1957 (WHICH WAS NOT TRANSMITTED HERE THROUGH APPROPRIATE CHANNELS AS PRESCRIBED BY PARAGRAPH 041322-2 (A) (3), NAVY COMPTROLLER MANUAL), SUBMITTED FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF LIEUTENANT (JG) WILLIAM J. LEACH, 556079, USN, FOR PER DIEM AT THE RATE OF $4 PER DAY FOR DUTY PERFORMED DURING THE PERIODS SEPTEMBER 13 TO NOVEMBER 22, 1955, AND DECEMBER 3 TO 18, 1955.

BY ORDERS DATED JULY 29, 1955, LIEUTENANT LEACH (THEN A WARRANT OFFICER) WAS DETACHED FROM DUTY WITH THE NAVAL SCHOOLS COMMAND, NAVAL STATION, NEWPORT, RHODE ISLAND, AND ASSIGNED TO THE SAME COMMAND FOR TEMPORARY DUTY UNDER INSTRUCTION (OFFICER CANDIDATE) FOR A PERIOD OF ABOUT 11 WEEKS. SUCH ORDERS FURTHER PROVIDED THAT UPON EXECUTION BY HIM OF THE OATH OF ACCEPTANCE OF APPOINTMENT AS ENSIGN IN THE U.S. NAVY HE WOULD CONTINUE ON TEMPORARY DUTY UNDER INSTRUCTION AT THE NAVAL SCHOOL, AND UPON COMPLETION OF THIS TEMPORARY DUTY, WHEN DIRECTED, TO PROCEED TO KEY WEST, FLORIDA, AND REPORT TO THE COMMANDING OFFICER, U.S.S. DEALEY (DE-1006) FOR DUTY. HE REPORTED FOR TEMPORARY DUTY UNDER INSTRUCTION ON SEPTEMBER 12, 1955, AND EXECUTED THE OATH OF OFFICE AS AN ENSIGN ON SEPTEMBER 13, 1955. ORDERS DATED SEPTEMBER 28, 1955, THE ORDERS OF JULY 29, 1955, WERE AMENDED TO PROVIDE THAT UPON DETACHMENT FROM TEMPORARY DUTY UNDER INSTRUCTION AT THE NAVAL SCHOOL HE WOULD REPORT TO THE COMMANDER, DESTROYER FORCE, ATLANTIC FLEET, NEWPORT, RHODE ISLAND, FOR TEMPORARY DUTY AWAITING THE ARRIVAL OF THE U.S.S. DEALEY AND UPON ARRIVAL OF THAT VESSEL TO REPORT ABOARD FOR DUTY. HE REPORTED FOR DUTY ABOARD THE U.S.S. DEALEY ON DECEMBER 19, 1955. IT IS SHOWN THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO THE MEMBER DURING THE PERIODS COVERED BY HIS CLAIM. THE SUBMITTED VOUCHER IS FOR PER DIEM AT THE RATE OF $4 PER DAY DURING THE PERIODS SEPTEMBER 13 TO NOVEMBER 22, 1955, AND DECEMBER 3 TO 18, 1955. YOU QUESTION WHETHER THE MEMBER WAS IN A TRAVEL STATUS DURING THE PERIODS INVOLVED.

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 ALLOWANCE FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPH 3003-2, JOINT TRAVEL REGULATIONS, DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION "OTHER THAN A PERMANENT STATION" TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD STATION. PARAGRAPH 3050 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS OF THE ARMED FORCES 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, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH 4201-4 OF THE REGULATIONS PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD PRIOR TO DEPARTURE FROM THE LIMITS OF THE PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10 OR FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION OTHER THAN THAT AUTHORIZED FOR THE DAY OF RETURN TO THE PERMANENT DUTY STATION UNDER PARAGRAPH 4205.

WHILE THE DUTY UNDER INSTRUCTION TO WHICH THE MEMBER WAS ASSIGNED BY THE ORDERS OF JULY 29, 1955, AND THE DUTY AWAITING ARRIVAL OF THE U.S.S. DEALEY TO WHICH HE WAS ASSIGNED BY AMENDATORY ORDERS DATED SEPTEMBER 28, 1955, WAS OF A TEMPORARY NATURE IT WAS PERFORMED AT HIS PERMANENT STATION, NEWPORT, RHODE ISLAND. SINCE NEWPORT, RHODE ISLAND, WAS HIS PERMANENT STATION UNTIL HE LEFT THAT PLACE IN A TRAVEL STATUS, NO AUTHORITY EXISTS UNDER THE APPLICABLE STATUTE AND REGULATIONS FOR PAYMENT TO HIM OF PER DIEM DURING THE PERIODS COVERED BY HIS CLAIM.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED HERE, IS NOT AUTHORIZED.