B-154678, NOVEMBER 4, 1964, 44 COMP. GEN. 262

B-154678, NOVEMBER 4, 1964, 44 COMP. GEN. 262

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TEMPORARY DUTY - AT PORT PRIOR TO REPORTING ABOARD VESSEL A COAST GUARD OFFICER WHO PERFORMS TEMPORARY DUTY AT THE HOME PORT OF THE VESSEL DESIGNATED AS HIS NEW PERMANENT DUTY STATION, AND WHERE HE HAD ESTABLISHED A HOME FOR HIS FAMILY PRIOR TO REPORTING ON BOARD THE VESSEL, MAY BE PAID PER DIEM ALLOWANCES FOR THE PERIOD OF TEMPORARY DUTY, THE OFFICER WHILE PERFORMING THE TEMPORARY DUTY HAVING REMAINED IN A TRAVEL STATUS UNTIL HE REPORTED TO THE VESSEL TO WHICH ASSIGNED, PARAGRAPH 3050-3 OF THE JOINT TRAVEL REGULATIONS, PROVIDING THAT A TRAVEL STATUS TERMINATES WHEN A MEMBER REACHES THE PORT TO WHICH HE HAS BEEN ORDERED IF THE VESSEL TO WHICH HE IS REPORTING IS IN PORT ONLY APPLYING IF A MEMBER REPORTS DIRECTLY TO THE VESSEL, AND THE PAYMENT OF PER DIEM TO THE OFFICER IS NOT BARRED BY THE FACT THAT HE ESTABLISHED A HOME FOR HIS FAMILY IN THE CITY WHERE HE IS DIRECTED TO PERFORM TEMPORARY DUTY OR BY THE PROXIMITY OF THE TEMPORARY DUTY STATION TO HIS PERMANENT DUTY STATION.

TO I. C. SCHULER, UNITED STATES COAST GUARD, NOVEMBER 4, 1964:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 29, 1964, FP-5, WITH ENCLOSURES, FORWARDED HERE BY THE COMMANDANT OF THE COAST GUARD, REQUESTING THAT A DETERMINATION OF ENTITLEMENT BE MADE ON THE CLAIM OF LIEUTENANT (JG) RAYMOND J. HOUTTEKIER (7049) USCG, FOR PER DIEM ALLOWANCES WHILE PERFORMING TEMPORARY DUTY UNDER THE CIRCUMSTANCES STATED BELOW.

BY PERMANENT CHANGE OF STATION ORDERS DATED DECEMBER 17, 1963, AS AMENDED, THE OFFICER WAS DETACHED FROM THE U.S.C.G.C. BIBB (WPG-31) AT BOSTON, MASSACHUSETTS, ON MARCH 9, 1964, AND AUTHORIZED 30 DAYS' LEAVE AFTER WHICH HE WAS DIRECTED TO REPORT TO THE OFFICE, COMMANDER, THIRD COAST GUARD DISTRICT, NEW YORK, NEW YORK, FOR TEMPORARY DUTY AND FURTHER TRANSFER, WHEN DIRECTED BY THAT COMMANDER, TO THE U.S.C.G.C. CAPE GULL (WPB-95304) AT NEW YORK, NEW YORK. THE RECORD SHOWS THAT HE MOVED HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM MALDEN, MASSACHUSETTS, TO STATEN ISLAND, NEW YORK, ON OR ABOUT MARCH 9, 1964, FOR THE PURPOSE OF ESTABLISHING A RESIDENCE IN THE HOME PORT OF HIS DUTY STATION. AFTER AVAILING HIMSELF OF AUTHORIZED LEAVE GRANTED EN ROUTE, HE REPORTED FOR TEMPORARY DUTY AT NEW YORK, NEW YORK, ON APRIL 10, 1964, WHICH HE COMPLETED ON MAY 4, 1964. ON THAT DAY HE REPORTED ON BOARD THE CAPE GULL. HE NOW CLAIMS PER DIEM ALLOWANCES FOR TEMPORARY DUTY ASHORE AT NEW YORK, NEW YORK, FOR THE PERIOD FROM APRIL 11 TO MAY 4, 1964.

IT APPEARS THAT THE QUESTION IN THE MATTER IS WHETHER HE MAY BE CONSIDERED AWAY FROM HIS DUTY STATION FOR PER DIEM PURPOSES PRIOR TO REPORTING FOR DUTY ON BOARD THE CAPE GULL SINCE THE VESSEL WAS IN PORT AT NEW YORK, ITS HOME PORT WHEN HE REPORTED FOR TEMPORARY DUTY AND HE HAD ESTABLISHED A RESIDENCE THERE FOR HIS DEPENDENTS.

THE PERTINENT STATUTE, 37 U.S.C. 404 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POST OF DUTY. PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL "AWAY FROM THEIR PERMANENT STATION ONLY INSOFAR AS CONCERNS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AND THAT A MEMBER'S VESSEL MUST BE VIEWED UPON DEPARTURE FROM THE OLD STATION UNDER CHANGE OF STATION ORDERS, TERMINATES WHEN THE MEMBER REPORTS AT THE NEW DUTY STATION, * * * EXCEPT THAT TRAVEL STATUS TERMINATES WHEN THE MEMBER REACHES THE PORT TO WHICH HE HAS BEEN ORDERED IF THE VESSEL TO WHICH HE IS REPORTING FOR DUTY IS ALREADY IN PORT.

PARAGRAPH 1150-10A OF SUCH REGULATIONS DEFINES A PERMANENT DUTY STATION AS THE "POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN FOR "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED * * *.'

PARAGRAPHS 1150-10A AND 3050 OF THE JOINT TRAVEL REGULATIONS AND DECISIONS OF THIS OFFICE ESTABLISH THAT A VESSEL IS THE PERMANENT STATION OF A MEMBER WHO IS ASSIGNED TO DUTY ON BOARD SUCH VESSEL; THAT THE HOME YARD AND HOME PORT OF THE VESSEL ARE INCLUDED AS A PART OF THE PERMANENT STATION ONLY INSOFAR AS CONCERNS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AND THAT A MEMBER'S VESSEL MUST BE VIEWED AS HIS PERMANENT STATION AS FAR AS ENTITLEMENT TO PER DIEM WHILE IN A TRAVEL STATUS AWAY FROM HIS PERMANENT STATION IS CONCERNED. ALSO, THE FACT THAT AN OFFICER IS DIRECTED TO PERFORM TEMPORARY DUTY IN A CITY IN WHICH HE HAS ESTABLISHED A HOME FOR HIS FAMILY, HAS NOT BEEN REGARDED AS A CIRCUMSTANCE WHICH AFFECTS HIS RIGHT TO PER DIEM OTHERWISE PAYABLE TO HIM. B-127774, AUGUST 2, 1956, AND 40 COMP. GEN. 271. NEITHER HAS THE PROXIMITY OF A TEMPORARY DUTY STATION TO THE PERMANENT DUTY STATION TO WHICH A MEMBER IS TO REPORT UNDER PERMANENT CHANGE OF STATION ORDERS WHICH DIRECT TEMPORARY DUTY EN ROUTE, BEEN CONSIDERED AS A BAR TO THE PAYMENT OF PER DIEM. COMP. GEN. 669.

BASED ON THE FOREGOING, IT APPEARS THAT LIEUTENANT HOUTTEKIER'S TRAVEL STATUS UNDER THE ORDERS OF DECEMBER 17, 1963, AS AMENDED, DID NOT END UNTIL HE REPORTED ON BOARD THE CAPE GULL ON MAY 4, 1964, UNLESS THE ABOVE- QUOTED PROVISION IN PARAGRAPH 3050-3 OPERATED TO TERMINATE SUCH STATUS UPON HIS ARRIVAL IN NEW YORK FOR TEMPORARY DUTY. WHILE THE REGULATION DOES NOT SPECIFICALLY SO PROVIDE, IT APPARENTLY WAS INTENDED TO APPLY ONLY TO THOSE CASES IN WHICH THE MEMBER IS EXPECTED UNDER THE TERMS OF HIS ORDERS TO REPORT DIRECTLY TO THE VESSEL FOR DUTY UPON HIS ARRIVAL AT THE PORT IN WHICH THE VESSEL IS LOCATED. IT IS NOT BELIEVED, HOWEVER, THAT IT WAS INTENDED THAT THE REGULATION WOULD OPERATE TO TERMINATE THE MEMBER'S TRAVEL STATUS IN CASES WHERE HE IS DIRECTED TO PERFORM TEMPORARY DUTY AT THE PORT IN WHICH THE VESSEL IS LOCATED BEFORE REPORTING TO THE VESSEL FOR DUTY, EVEN THOUGH SUCH PORT MIGHT BE THE HOME YARD OR HOME PORT OF THE VESSEL.

CONSEQUENTLY, SINCE LIEUTENANT HOUTTEKIER WAS DIRECTED BY HIS ORDERS TO REPORT TO THE OFFICE OF THE COMMANDER, THIRD COAST GUARD DISTRICT, FOR TEMPORARY DUTY AND FOR FURTHER TRANSFER, WHEN DIRECTED BY THAT COMMANDER, TO THE CAPE GULL, IT IS CONCLUDED THAT HE REMAINED IN A TRAVEL STATUS WHILE IN NEW YORK IN THE PERFORMANCE OF TEMPORARY DUTY ASSIGNED THERE FOR THE PERIOD APRIL 11 TO MAY 4, 1964.

ACCORDINGLY, PAYMENT OF THE VOUCHER, RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS, IS AUTHORIZED.