B-153006, JAN. 8, 1964

B-153006, JAN. 8, 1964

TO MR. C. E. GRIFFITHS, DISBURSING OFFICER, THROUGH COMPTROLLER OF THE NAVY, DEPARTMENT OF THE NAVY:

BY SECOND INDORSEMENT DATED NOVEMBER 29, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF NOVEMBER 5, 1963, SERIAL 172, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYING ADDITIONAL PER DIEM TO LIEUTENANT LOREN H. KINNE, 544802, USN, FOR THE PERIOD SEPTEMBER 5 THROUGH OCTOBER 23, 1963. THE REQUEST WAS ASSIGNED PETATAC CONTROL NO. 63-25.

BY BUWEPS ORDERS T-805/64-C, DATED SEPTEMBER 3, 1963, LIEUTENANT KINNE WAS ORDERED TO PROCEED ON OR ABOUT SEPTEMBER 3, 1963, TO THE PORT IN WHICH THE FRENCH OWNED DESTROYER DUPETIT THOUARS MIGHT BE, REPORTING ABOARD FOR TEMPORARY DUTY. HE PERFORMED TEMPORARY DUTY ABOARD THE VESSEL FROM 0800 ON SEPTEMBER 4 TO 1700 ON OCTOBER 24, 1963. THE ORDERS BEAR AN INDORSEMENT DATED OCTOBER 24, 1963, STATING THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE. THE MEMBER SAYS THAT QUARTERS AND MESS WERE UTILIZED ABOARD THE SHIP WITH A MESS CHARGE OF APPROXIMATELY $1 PER MEAL. SINCE BOTH QUARTERS AND MESS WERE UTILIZED, YOU MADE DEDUCTIONS FROM THE PER DIEM ALLOWANCE FOR BOTH IN PAYMENT MADE ON NOVEMBER 1, 1963, ON BUREAU VOUCHER 11528 IN YOUR ACCOUNTS. AN ADDITIONAL AMOUNT IS CLAIMED ON THE BASIS THAT DEDUCTION SHOULD HAVE BEEN MADE FOR QUARTERS ONLY.

PARAGRAPH 4250 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL PER DIEM ALLOWANCES AT THE RATES UNIFORMLY ESTABLISHED BY THE SECRETARIES FOR PERIODS OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER COMPETENT ORDERS OUTSIDE THE CONTINENTAL UNITED STATES EXCEPT IN CERTAIN SPECIFIED CIRCUMSTANCES. PARAGRAPH 4250-8 OF THE SAME REGULATIONS PROVIDES THAT PER DIEM IS NOT PAYABLE FOR ANY PERIOD OF TEMPORARY DUTY ABOARD A GOVERNMENT VESSEL, COMMENCING THE DAY AFTER THE DAY OF ARRIVAL AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE. PARAGRAPH 4254-1 OF THE REGULATIONS PROVIDES THAT A DEDUCTION OF 50 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE FOR THE DAY WILL BE MADE WHEN GOVERNMENT QUARTERS ARE AVAILABLE TO THE MEMBER. PARAGRAPH 1150 5 PROVIDES THAT THE TERM "GOVERNMENT QUARTERS," UNLESS OTHERWISE QUALIFIED, MEANS ANY SLEEPING ACCOMMODATIONS OWNED OR LEASED BY THE UNITED STATES GOVERNMENT OR FURNISHED BY A FOREIGN GOVERNMENT EITHER UNDER AGREEMENT WITH THE UNITED STATES OR ON A COMPLIMENTARY BASIS. PARAGRAPH 1150-4 DEFINES THE TERM "GOVERNMENT MESS" TO INCLUDE MEALS FURNISHED WITHOUT CHARGE BY A FOREIGN GOVERNMENT, SUCH MEALS TO BE CONSIDERED AS FURNISHED BY THE GOVERNMENT. SINCE THE MEMBER WAS REQUIRED TO PAY FOR MEALS ABOARD THE FOREIGN VESSEL IN THIS CASE YOU QUESTION WHETHER DEDUCTION FROM PER DIEM IS REQUIRED UNDER PARAGRAPH 4254-3.

THE TERM "GOVERNMENT VESSEL," AS USED IN PARAGRAPH 4250-8 OF THE JOINT TRAVEL REGULATIONS, IS NOT DEFINED IN SUCH REGULATIONS. IN THE ABSENCE OF ANY INDICATION IN THE REGULATIONS TO THE CONTRARY, IT HAS BEEN HELD THAT THE TERM MEANS A UNITED STATES GOVERNMENT VESSEL AND THAT PER DIEM LESS DEDUCTION FOR QUARTERS IS PAYABLE FOR TEMPORARY DUTY PERFORMED ABOARD A FOREIGN VESSEL. 36 COMP. GEN. 344. IN THE PRESENT CASE, SINCE THE MEMBER WAS REQUIRED TO PAY FOR MEALS, HE WAS NOT FURNISHED "GOVERNMENT MESS" ABOARD THE VESSEL WITHIN THE MEANING OF PARAGRAPH 1150-4 OF THE REGULATIONS. ACCORDINGLY, DEDUCTIONS ARE NOT REQUIRED UNDER PARAGRAPH 4254-3 OF THE REGULATIONS.

THE VOUCHER, ORDERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT OF THE ADDITIONAL PER/DIEM BEING AUTHORIZED, IF OTHERWISE CORRECT.