B-142584, AUG. 30, 1960

B-142584, AUG. 30, 1960

TO MR. PAUL R. CARTER, CHSUPCLK:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1960, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 4, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCES BELIEVED DUE FOR A PERIOD OF TEMPORARY DUTY PERFORMED IN CONNECTION WITH THE CONVERSION OF THE U.S.S. CORAL SEA (CVA-43), AND TO YOUR COMMUNICATION OF AUGUST 9, 1960, CONCERNING THE MATTER.

BY ORDERS DATED MAY 5, 1959, ISSUED BY THE CHIEF OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, YOU WERE DETACHED FROM DUTY AS ASSISTANT TO THE SUPPLY OFFICER, BREMERTON GROUP, PACIFIC RESERVE FLEET, PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON, AND ASSIGNED TO TEMPORARY DUTY IN CONNECTION WITH THE CONVERSION OF THE U.S.S. CORAL SEA AT THE PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON, AND TO DUTY AS ASSISTANT TO THE SUPPLY OFFICER OF THAT VESSEL WHEN PLACED IN COMMISSION. YOUR CLAIM FOR TRAVEL ALLOWANCES, WHICH INCLUDE PER DIEM, WAS DISALLOWED ON THE GROUND THAT YOU WERE NOT IN A TRAVEL STATUS SINCE THE TEMPORARY DUTY IN CONNECTION WITH THE CONVERSION OF THE VESSEL TO WHICH YOU WERE ASSIGNED WAS PERFORMED AT YOUR OLD PERMANENT DUTY STATION. IT APPEARS TO BE YOUR VIEW THAT YOU ARE NEVERTHELESS ENTITLED TO THE PER DIEM CLAIMED UNDER THE PROVISIONS OF PARAGRAPH 4206, CH. 79, 4/1/59, JOINT TRAVEL REGULATIONS. THAT PARAGRAPH READS AS FOLLOWS:

"WHEN A MEMBER OF THE UNIFORMED SERVICES IS ASSIGNED TEMPORARY DUTY IN CONNECTION WITH FITTING OUT OR CONVERSION OF A VESSEL, HE IS AUTHORIZED A PER DIEM ALLOWANCE (SEE PAR. 4205-5) DURING EACH FITTING OUT OR CONVERSION PERIOD INCLUDING THE DAY OF COMMISSIONING OR PLACING IN SERVICE OR, IN THE CASE OF NUCLEAR POWERED SHIPS, THE DAY OF PROVISIONAL ACCEPTANCE, AND FOR THE DAY OF DECOMMISSIONING OR PLACING OUT OF SERVICE, SUCH PER DIEM TO COMMENCE ON THE DAY FOLLOWING THE DAY OF ARRIVAL AT THE LOCATION OF SUCH VESSEL.'

THE QUOTED PARAGRAPH OF THE REGULATIONS DOES NOT OPERATE TO AUTHORIZE PER DIEM IN ANY AND ALL EVENTS FOR THE PERFORMANCE OF THE DESCRIBED DUTY BUT CONSTITUTES AN EXCEPTION TO THE GENERAL PROHIBITION CONTAINED IN PARAGRAPH 4201-6, JOINT TRAVEL REGULATIONS AGAINST PAYMENT OF PER DIEM FOR TEMPORARY DUTY ABOARD A GOVERNMENT VESSEL. THE STATUTORY AUTHORITY FOR PAYMENT OF A PER DIEM IS CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A), WHICH PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES WHEN TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY. THE ORDERS OF MAY 5, 1959, ASSIGNED YOU TO TEMPORARY DUTY AT PUGET SOUND NAVAL SHIPYARD, YOUR PREVIOUS DUTY STATION, AND SINCE YOU WERE NOT REQUIRED, IN ANY EVENT, TO DEPART THAT STATION UNTIL AFTER THE COMPLETION OF THE TEMPORARY DUTY DIRECTED AND THE COMMISSIONING OF THE VESSEL TO WHICH YOU WERE ASSIGNED, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF THE PER DIEM CLAIMED. 34 COMP. GEN. 427. ACCORDINGLY, THE SETTLEMENT OF MARCH 4, 1960, IS SUSTAINED.