B-138144, DEC. 2, 1959

B-138144, DEC. 2, 1959

TO CAPTAIN PERTIA E. INMON:

FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED OCTOBER 17, 1958, FOR TRAVEL AND TEMPORARY DUTY ALLOWANCES FOR YOUR TRAVEL FROM INDIANAPOLIS, INDIANA, TO FORT BENJAMIN HARRISON, INDIANA, AND RETURN, DURING THE PERIOD SEPTEMBER 6 TO 26, 1957. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM DATED SEPTEMBER 26, 1957, WHICH WAS DISALLOWED BY SETTLEMENT DATED JANUARY 15, 1958, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED AUGUST 19, 1957, ADDRESSED TO YOU AT YOUR PERMANENT STATION, 342 MASSACHUSETTS AVENUE, INDIANAPOLIS, INDIANA, YOU WERE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 6, 1957, TO THE ADJUTANT GENERAL'S SCHOOL, FORT BENJAMIN HARRISON, INDIANA, FOR TEMPORARY DUTY OF APPROXIMATELY 22 DAYS UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. YOUR CLAIM COVERING TRAVEL AND TEMPORARY DUTY FOR THE PERIOD SEPTEMBER 6 TO 27, 1957, WAS ACCOMPANIED BY A CERTIFICATE IN WHICH YOU STATED GOVERNMENT QUARTERS "WERE NOT AVAILABLE" DURING THE PERIOD COVERED BY THE CLAIM. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN RESUBMITTING YOUR CLAIM YOU CERTIFIED THAT GOVERNMENT QUARTERS WERE UTILIZED DURING THE ENTIRE PERIOD COVERED BY THE CLAIM. IN VIEW OF THESE CONFLICTING STATEMENTS THE DEPARTMENT OF THE ARMY WAS REQUESTED TO FURNISH INFORMATION AS TO WHETHER YOU OCCUPIED GOVERNMENT QUARTERS AT FORT BENJAMIN HARRISON DURING THE PERIOD IN QUESTION. IN REPLY WE WERE ADVISED THERE IS NO RECORD THAT YOU OCCUPIED GOVERNMENT QUARTERS DURING THAT PERIOD. THUS, IT APPEARS THAT YOU COMMUTED DAILY FROM INDIANAPOLIS TO THE PLACE OF TEMPORARY DUTY IN NEARBY FORT BENJAMIN HARRISON.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), 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 UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY, AND THAT THE RESPECTIVE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. IT FURTHER PROVIDES THAT THE SECRETARIES CONCERNED SHALL DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050-1 OF THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT MEMBERS ARE ENTITLED TO AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT MEMBERS ARE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. HOWEVER, ALLOWANCES FOR TRAVEL ARE NOT AUTHORIZED FOR ALL ABSENCES FROM AN OFFICER'S STATION. PARAGRAPH 4205 4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO PER DIEM IS AUTHORIZED FOR A ROUND TRIP PERFORMED ENTIRELY WITHIN A TEN-HOUR PERIOD OF THE SAME CALENDAR DAY. ALSO PARAGRAPH 6450 OF THOSE REGULATIONS PROVIDES THAT EXPENSES INCURRED INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE. IT HAS BEEN HELD THAT AN OFFICER'S DESIGNATED POST OF DUTY INCLUDES THE PLACE FROM WHICH THE OFFICER COMMUTES. SEE 34 COMP. GEN. 459; AND ID. 597. SINCE THE RECORD SHOWS THAT THE TRAVEL AND TEMPORARY DUTY HERE INVOLVED WERE IN THE IMMEDIATE VICINITY OF YOUR STATION, A DISTANCE OF ONLY 14 MILES BEING INVOLVED, IT WOULD NOT APPEAR THAT YOU WERE REQUIRED TO BE ABSENT FROM YOUR STATION MORE THAN 10 HOURS PER DAY, THE LIMITATION PRESCRIBED IN PARAGRAPH 4205-4, JOINT TRAVEL REGULATIONS. THEREFORE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 15, 1958, WAS CORRECT AND IS SUSTAINED.