B-137324, NOV 20, 1958

B-137324, NOV 20, 1958

PRECIS-UNAVAILABLE

LIEUTENANT S.P. MIEHNA, DEPARTMENT OF THE NAVY:

BY FOURTH ENDORSEMENT DATED SEPTEMBER 5, 1958, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF JUNE 12, 1958, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHER IN FAVOR OF LIEUTENANT COMMANDER HOWARD J. ORNDORFF, USNR, FOR PER DIEM DURING THE PERIOD JANUARY 28 TO JUNE 5, 1958, IN THE CIRCUMSTANCES SHOWN. THE SUBMISSION OF YOUR REQUEST FOR DECISION WAS APPROVED BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND ASSIGNED PDTATAC CONTROL NO. 58-3.

BY ORDERS DATED SEPTEMBER 20, 1956, ISSUED BY THE OFFICER IN CHARGE, UNITED STATES NAVAL MOBILE CONSTRUCTION BATTALION (SPECIAL), DETACHMENT BRAVO, DAVISVILLE, RHODE ISLAND, COMMANDER ORNDORFF WAS DIRECTED TO PROCEED TO THE ANTARCTIC AND REPORT TO THE OFFICER IN CHARGE, TASK UNIT 43.3.1 FOR TEMPORARY ADDITIONAL DUTY FOR APPROXIMATELY 18 MONTHS' DURATION AND UPON COMPLETION TO RETURN TO DAVISVILLE AS DIRECTED BY THE COMMANDER, TASK FORCE 43. SUCH ORDERS ALSO DIRECTED INTERVENING TEMPORARY DUTY FOR SHORT PERIODS OF TRAINING AT QUANTICO, VIRGINIA, AND PENSACOLA, FLORIDA, PRIOR TO REPORTING FOR TRANSPORTATION TO THE ANTARCTIC. HE REPORTED AT LITTLE AMERICA ON JANUARY 30, 1957. BY ORDERS DATED DECEMBER 10, 1957, ISSUED BY THE COMMANDING OFFICER, USN MOBILE CONSTRUCTION BATTALION SPECIAL, NAVAL AIR FACILITY, MCMURDO SOUND, ANTARCTICA, COMMANDER ORNDORFF WAS DETACHED FROM DUTY AT LITTLE AMERICA STATION, ANTARCTICA, AND DIRECTED TO PROCEED TO THE UNITED STATES AND REPORT TO THE COMMANDER, U.S. NAVAL MOBILE CONSTRUCTION BATTALIONS, U.S. ATLANTIC FLEET, DAVISVILLE, RHODE ISLAND, FOR TEMPORARY DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS FOR A PERIOD OF ABOUT TWO MONTHS. UPON COMPLETION OF THIS TEMPORARY DUTY HE WAS TO PROCEED AND REPORT TO THE COMMANDER, NAVAL AIR ATLANTIC, FOR TEMPORARY DUTY AND FOR FURTHER ASSIGNMENT TO DUTY. REPORTED AS DIRECTED AT DAVISVILLE ON JANUARY 27, 1958. SEVENTH ENDORESEMENT DATED JUNE 6, 1958, ON BASIC ORDER OF DECEMBER 10, 1957, STATES THAT TEMPORARY DUTY WAS COMPLETED THAT DATE, AND THE OFFICER WAS DIRECTED TO PROCEED TO THE NAVAL AIR STATION, QUONSET POINT, RHODE ISLAND, FOR DUTY. HIS CLAIMS IS FOR PER DIEM COVERING THE PERIOD FROM JANUARY 28 TO JUNE 5, 1958. YOUR DOUBT AS TO HIS ENTITLEMENT TO PER DIEM ARISES BECAUSE OF THE FACT THAT DURING THE PERIOD INVOLVED THE HOME PORT OF MOBILE CONSTRUCTION BATTALION SPECIAL, DETACHMENT BRAVO, WAS DAVISVILLE, RHODE ISLAND, AND PARAGRAPH 4201-4, JOINT TRAVEL REGULATIONS, PRECLUDES PAYMENT OF PER DIEM TO MEMBERS WHILE AT THEIR PERMANENT DUTY STATIONS.

ON THE BASIS OF AND FOR THE REASONS POINTED OUT IN OUR DECISION DATED MAY 3, 1957, B-131145, 36 COMP. GEN. 757, TO THE SECRETARY OF THE NAVY, THE ORDERS DATED SEPTEMBER 20, 1956, WHILE DESIGNATED AS TEMPORARY ADDITIONAL DUTY ORDERS, IN FACT DIRECTED A PERMANENT CHANGE OF STATION FOR COMMANDER ORNDORFF FROM DAVISVILLE, RHODE ISLAND, TO THE ANTARCTIC. THE ORDERS DATED DECEMBER 10, 1957, DETACHED HIM FROM DUTY IN THE ANTARCTIC - HIS PERMANENT PLACE OF DUTY - AND DIRECTED HIM TO PROCEED TO DAVISVILLE, RHODE ISLAND, FOR TEMPORARY DUTY UPON COMPLETION OF WHICH HE WAS ASSIGNED TO DUTY ELSEWHERE. THE FACT THAT DAVISVILLE WAS THE HOME PORT OF MOBILE CONSTRUCTION BATTALION SPECIAL, DETACHMENT BRAVO, IS NOT REGARDED AS A CIRCUMSTANCE WHICH AFFECTS THE MEMBER'S RIGHT TO PER DIEM OTHERWISE PAYABLE TO HIM IF HIS ASSIGNMENT AT DAVISVILLE WAS IN FACT TEMPORARY, PENDING A PERMANENT ASSIGNMENT ELSEWHERE. IT IS CONCLUDED THAT COMMANDER ORNDORFF WAS IN A TEMPORARY DUTY STATUS DURING THE PERIOD HERE INVOLVED. HENCE, HE IS ENTITLED TO PER DIEM AT THE PRESCRIBED RATE WHILE IN THE PERFORMANCE OF TEMPORARY DUTY AT DAVISVILLE FROM JANUARY 28 TO JUNE 5, 1958.

IT APPEARS, HOWEVER, THAT COMMANDER ORNDORFF WAS ADVANCED PER DIEM ON DECEMBER 26, 1956, IN THE AMOUNT OF $2,106. SINCE HE WAS NOT ENTITLED TO PER DIEM DURING THE PERIOD HE WAS ON DUTY IN THE ANTARCTIC UNDER THE ORDERS OF SEPTEMBER 20, 1956, AND SINCE THE PRESENT RECORD FAILS TO SHOW WHETHER SUCH ADVANCE OF PER DIEM HAS BEEN RECOVERED, THE AMOUNT DUE HIM ON THE SUBMITTED VOUCHER SHOULD BE APPLIED TOWARD LIQUIDATION OF THE BALANCE, IF ANY, DUE ON THE ADVANCE PAYMENT OF PER DIEM.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.