B-132383, SEP. 3, 1957

B-132383, SEP. 3, 1957

TO MR. RICHARD C. NOVETZKE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF MAY 31, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD OCTOBER 3, 1954, TO FEBRUARY 7, 1955, WHILE YOU WERE ON ACTIVE DUTY AT KODIAK, ALASKA, AS AN OFFICER OF THE NAVAL RESERVE.

UNDER ORDERS OF THE COMMANDING OFFICER OF PATROL SQUADRON SIX, AIR FORCE, UNITED STATES PACIFIC FLEET, DATED SEPTEMBER 29, 1954,"SUBJ: ADDITIONAL DUTY," YOU AND OTHER DESIGNATED PERSONNEL OF THAT ORGANIZATION WERE DIRECTED TO PROCEED VIA PATROL SQUADRON SIX AIRCRAFT TO THE NAVAL STATION, KODIAK, ALASKA, FOR THE PERFORMANCE OF "ADDITIONAL DUTY.' IT WAS ALSO PROVIDED THAT "NO EXPENSE TO THE GOVERNMENT IS INVOLVED IN THE EXECUTION OF THESE ORDERS AND NONE IS AUTHORIZED," AND THAT ,UPON YOUR ARRIVAL AT DESTINATION THESE ORDERS ARE CONSIDERED CANCELLED.' IT APPEARS THAT YOU PERFORMED TRAVEL UNDER THOSE ORDERS BY GOVERNMENT AIRCRAFT FROM BARBERS POINT, HAWAII, TO KODIAK, DURING THE PERIOD OCTOBER 3 TO 8, 1954, AND THAT YOU LEFT THAT STATION ON FEBRUARY 7, 1955, PURSUANT TO ORDERS OF THE COMMANDING OFFICER OF PATROL SQUADRON SIX DATED FEBRUARY 5, 1955, BY WHICH YOU WERE DIRECTED TO PROCEED TO YORKTOWN, VIRGINIA, FOR TEMPORARY ADDITIONAL DUTY AND THEN RETURN TO THAT COMMAND TO RESUME YOUR REGULAR DUTIES. YOU WERE DETACHED FROM THE TEMPORARY DUTY AT YORKTOWN TO CARRY OUT YOUR BASIC ORDERS ON MARCH 4, 1955, AND YOU PROCEEDED TO REJOIN PATROL SQUADRON SIX WHICH, IN THE MEANTIME, HAD RETURNED TO HAWAII. IT IS YOUR CONTENTION THAT YOUR SQUADRON WAS DEPLOYED FROM ITS PERMANENT STATION IN HAWAII TO KODIAK FOR A FIVE OR SIX-MONTH TOUR UNDER CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN OUR DECISION OF DECEMBER 9, 1954, 34 COMP. GEN. 284, AND THAT THE MOVEMENT DIRECTED BY THE ORDERS OF SEPTEMBER 29, 1954, IN NO WAY CONSTITUTED A PERMANENT CHANGE OF STATION.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES PAYMENT OF PER DIEM ONLY FOR PERIODS WHILE IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION AND PARAGRAPH 1150-10 DEFINES A PERMANENT DUTY STATION AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. IN THE CITED DECISION OF DECEMBER 9, 1954, IT WAS RECOGNIZED THAT AN OFFICER WHO PERFORMED TEMPORARY DUTY AS A MEMBER OF UNIT OR DETACHMENT OF THE BASIC ORGANIZATION TO WHICH ATTACHED AWAY FROM ITS PERMANENT STATION UNDER TEMPORARY OR TEMPORARY ADDITIONAL DUTY ORDERS MIGHT BE CONSIDERED AS IN A TRAVEL STATUS AND SO ENTITLED TO PER DIEM. TO BE ENTITLED TO THE PER DIEM CLAIMED UNDER AUTHORITY OF THAT DECISION IT WOULD BE NECESSARY TO CONSIDER THAT THE ORDERS OF SEPTEMBER 29, 1954, DIRECTED TRAVEL OF YOUR SQUADRON AWAY FROM ITS PERMANENT STATION ON A TEMPORARY ASSIGNMENT. SUCH ORDERS, HOWEVER, CONTAIN NO INDICATION THAT A TEMPORARY ASSIGNMENT WAS CONTEMPLATED, THERE BEING NO PROVISION TO SHOW THE DURATION OF THE ASSIGNMENT OR THE DISPOSITION OF THOSE INVOLVED AFTER ITS COMPLETION. THE CONTRARY, THE PROVISIONS THAT NO EXPENSE TO THE GOVERNMENT WAS TO BE INVOLVED AND THAT THE ORDERS WERE TO BE CONSIDERED AS CANCELLED UPON ARRIVAL AT KODIAK STRONGLY SUGGEST THE INTENT THAT THE MOVEMENT DIRECTED WOULD BE A PERMANENT CHANGE OF STATION. UNDER SUCH CIRCUMSTANCES, IT MUST BE CONSIDERED THAT YOU WERE NOT IN A TRAVEL STATUS FOR PER DIEM PURPOSES DURING THE PERIOD COVERED BY YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF MAY 31, 1957, IS SUSTAINED.

COPIES OF THE ORDERS INVOLVED, WITH INDORSEMENTS, WHICH WERE FURNISHED BY YOU, ARE RETURNED HEREWITH AS REQUESTED.