B-137835, DEC 30, 1958

B-137835, DEC 30, 1958

PRECIS-UNAVAILABLE

LIEUTENANT DAVID T. WHITE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13, 1958, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF FEBRUARY 24, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF COMPOSITE SQUADRON SEVEN (VC-7), UNITED STATES ATLANTIC FLEET, FOR THE PERIOD OCTOBER 12, 1953 THROUGH APRIL 23, 1954.

ORDERS ISSUED BY THE COMMANDING OFFICER, COMPOSITE SQUADRON SEVEN, UNITED STATES NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, DATED OCTOBER 7, 1953, PROVIDED THAT IN ACCORDANCE WITH INSTRUCTIONS CONTAINED IN A CONFIDENTIAL DISPATCH WHICH COULD NOT BE QUOTED, YOU WERE DIRECTED TO PROCEED VIA GOVERNMENT AIRCRAFT TO THE PLACE VERBALLY DESIGNATED BY YOUR COMMANDING OFFICER AND REPORT TO THE OFFICER IN CHARGE OF YOUR SQUADRON, FOR DUTY. BY ORDERS OF APRIL 8, 1954, YOU WERE AGAIN DIRECTED TO PROCEED TO THE PLACE VERBALLY ASSIGNED AND, UPON ARRIVAL, REPORT TO THE OFFICER IN CHARGE OF YOUR SQUADRON FOR DUTY. YOUR ITINERARY SHOWS THAT YOU DEPARTED FROM YOUR DUTY STATION AT PATUXENT RIVER, MARYLAND, OCTOBER 12, AND ARRIVED AT PORT LYAUTEY, FRENCH MOROCCO, OCTOBER 14, 1953. YOU REMAINED AT THAT STATION EXCEPT FOR PERIODS OF TEMPORARY ADDITIONAL DUTY AND LEAVE UNTIL YOUR DEPARTURE, APRIL 21, 1954, RETURNING TO YOUR DUTY STATION AT PATUXENT RIVER, APRIL 23, 1954.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF PARAGRAPH 3003 -2 OF THE JOINT TRAVEL REGULATIONS. YOU NOW STATE THAT YOU WERE EITHER ON TEMPORARY OR PERMANENT DUTY WHILE AT PORT LYAUTEY, AND, IF YOU WERE NOT ON TEMPORARY DUTY, YOU ARE ENTITLED TO REIMBURSEMENT OF EXPENSES FOR YOUR DEPENDENT'S TRANSPORTATION AND TO STATION ALLOWANCES FOR OFFICERS PERMANENTLY ASSIGNED TO THAT STATION. TO SUBSTANTIATE YOUR CLAIM FOR PER DIEM, YOU ENCLOSE A COPY OF ORDERS AND CLAIM FOR PER DIEM MADE BY LIEUTENANT COMMANDER RALPH M. MCBRIAN, A MEMBER OF COMPOSITE SQUADRON NINE (VC-9) WHICH REPLACED YOUR SQUADRON AT PORT LYAUTEY. THAT CLAIM WAS APPROVED AND PAID BY THE UNITED STATES NAVY REGIONAL ACCOUNTS OFFICE.

DURING THE PERIOD OF YOUR CLAIM, IT WAS ADMINISTRATIVELY REGARDED BY THE NAVY DEPARTMENT THAT MEMBERS ATTACHED TO A MOBILE UNIT WERE PERFORMING THEIR PRIMARY DUTIES AT THEIR DESIGNATED POSTS OF DUTY AT ANY TIME WHILE ON DUTY WITH A UNIT OR A DETACHMENT OF A UNIT, EVEN THOUGH AWAY FROM THE PERMANENT DUTY STATION ASSIGNED TO THEIR ORGANIZATION. THIS WAS SOMEWHAT ANALOGOUS TO THE DUTIES PERFORMED BY MEMBERS ON BOARD VESSELS AWAY FROM THEIR HOME PORT OR HOME YARD. IN THOSE INSTANCES, MEMBERS OF SUCH UNITS WERE NOT CONSIDERED TO BE IN A PER DIEM STATUS AND THE ORDERS ISSUED FOR SUCH DUTIES USUALLY DIRECTED THE PERFORMANCE OF DUTY RATHER THAN TEMPORARY DUTY. THIS POLICY SUBSEQUENTLY WAS CHANGED BY SECNAV INSTRUCTION 7220.19, DATED JUNE 4, 1956, WHICH PROVIDED THAT THEREAFTER SUCH MEMBERS SHALL BE ISSUED TEMPORARY ADDITIONAL DUTY ORDERS. PARAGRAPH 6 (D) OF THAT INSTRUCTION, HOWEVER, PROVIDES AS FOLLOWS:

"MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY FOR WHICH THE REQUIRED WRITTEN ORDERS WERE NOT ISSUED PRIOR TO THE DATE OF THIS INSTRUCTION, WILL NOT BE ISSUED CONFIRMING ORDERS."

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, 37 U.S.C. 253(A), AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL PERFORMED "UNDER COMPETENT ORDERS." COMPETENT ORDERS FOR PER DIEM PURPOSES ARE DEFINED IN PARAGRAPH 3003-2 AND 3, JOINT TRAVEL REGULATIONS. THE ORDERS OF OCTOBER 7, 1953, WERE NOT COMPETENT ORDERS FOR PER DIEM PURPOSES WITHIN THE CONTEMPLATION OF THOSE PARAGRAPHS AND NO PER DIEM WAS PAYABLE. SINCE YOU HAD COMPLETED THE PERIOD OF TEMPORARY DUTY ASSIGNMENT PRIOR TO JUNE 4, 1956, NO CONFIRMING ORDERS MAY BE ISSUED. THE FACT THAT PAYMENT HAS BEEN MADE TO LIEUTENANT COMMANDER MCBRIEN ON PROPERLY ISSUED ORDERS IS NO BASIS FOR ALLOWANCE IN YOUR CASE. NEITHER ARE YOU ENTITLED TO REIMBURSEMENT OF EXPENSES FOR DEPENDENT'S TRANSPORTATION, OR TO STATION ALLOWANCES FOR THE PERIOD OF YOUR CLAIM, AS THE RECORD CLEARLY INDICATES THAT THE PERMANENT ASSIGNMENT AT NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, OF THE MOBILE ORGANIZATION OF WHICH YOU WERE A MEMBER, REMAINED UNCHANGED.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM WAS CORRECT AND IS SUSTAINED.

YOUR ORIGINAL ORDERS ARE RETURNED.