B-156347, MAY 25, 1965, 44 COMP. GEN. 751

B-156347, MAY 25, 1965, 44 COMP. GEN. 751

SUBSISTENCE - PER DIEM - MILITARY - TEMPORARY DUTY - ARRIVAL AND DEPARTURE DAYS AN OFFICER OF THE UNIFORMED SERVICES IN A LEAVE STATUS PRIOR TO AND SUBSEQUENT TO A PERIOD OF TEMPORARY DUTY--- AUGUST 31 TO SEPTEMBER 4--- AUTHORIZED INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS, WHO TRAVELED TO HIS TEMPORARY DUTY STATION PRIOR TO GOING ON LEAVE AND DEPARTED THEREFROM AFTER REVERTING TO A LEAVE STATUS, MAY BE CONSIDERED TO HAVE ARRIVED AT THE STATION ON AUGUST 30 AND DEPARTED ON SEPTEMBER 5 FOR THE PURPOSE OF PAYING PER DIEM, THE RESTRICTION IN PARAGRAPH 4152 OF THE JOINT TRAVEL REGULATIONS THAT WHEN TEMPORARY DUTY IS DIRECTED UNDER PERMANENT CHANGE-OF -STATION ORDERS, PER DIEM COMMENCES AS OF 0001 HOURS ON THE DAY FOLLOWING ARRIVAL AND CEASES AS OF 2400 HOURS ON THE DAY PRECEDING DEPARTURE IN ORDER TO PREVENT THE PAYMENT OF PER DIEM AND MILEAGE ON THE SAME DAY, NOT BEING FOR APPLICATION, AND THE OFFICER ON LEAVE NOT HAVING BEEN PAID MILEAGE FOR THE DAYS ON WHICH HE REPORTED TO AND DEPARTED FROM HIS TEMPORARY DUTY STATION, HE IS ENTITLED TO PER DIEM FOR AUGUST 31 AND SEPTEMBER 4.

TO MR. J. C. HUFFMAN, DEPARTMENT OF THE NAVY, MAY 25, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20, 1965, FILE REFERENCE CLG8/74:RAS 7220, WITH ENCLOSURES, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 65-12) BY 4TH INDORSEMENT, DATED MARCH 17, 1965, IN WHICH YOU REQUEST A DECISION AS TO THE LEGALITY OF PAYING PER DIEM TO CAPTAIN THOMAS C. BUELL, USN, FOR THE DAYS OF AUGUST 31 AND SEPTEMBER 4, 1964.

ON APRIL 23, 1964, THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, ISSUED BUPERS ORDER 061072 DIRECTING CAPTAIN BUELL, WHEN RELIEVED OF DETACHED DUTY AS COMMANDING OFFICER OF THE U.S.S. TACONIC, TO PROCEED TO THE PORT IN WHICH THE U.S.S. TOPEKA MAY BE AND REPORT TO THE IMMEDIATE SUPERIOR IN COMMAND FOR DUTY. THE ORDERS FURTHER PROVIDED THAT UPON DETACHMENT FROM PRESENT DUTY THE OFFICER WAS TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE BUREAU OF NAVAL WEAPONS FOR ABOUT ONE WEEK'S TEMPORARY DUTY, AND THENCE TO MARE ISLAND, CALIFORNIA, AND SAN DIEGO, CALIFORNIA, FOR FURTHER TEMPORARY DUTY PRIOR TO REPORTING TO THE TOPEKA. IN COMPLIANCE WITH THAT CHANGE-OF-STATION ORDER CAPTAIN BUELL DEPARTED FROM NORFOLK, VIRGINIA, AUGUST 27, 1964, AND ARRIVED IN WASHINGTON, D.C., THE SAME DAY. AFTER BEING ON AUTHORIZED LEAVE HE REPORTED TO THE BUREAU OF NAVAL WEAPONS ON AUGUST 31, 1964, FOR TEMPORARY DUTY. ENDORSEMENT TO THE ORDERS SHOWS THAT HE DEPARTED THAT STATION ON SEPTEMBER 4, 1964. SEPTEMBER 5, 1964, HE REVERTED TO HIS AUTHORIZED LEAVE STATUS. WHILE IN WASHINGTON, CAPTAIN BUELL RECEIVED BUPERS ORDER 061072 (1), DATED SEPTEMBER 8, 1964, CANCELLING THE UNEXECUTED PORTION OF HIS ORDER OF APRIL 23, 1964, AND DIRECTING HIM TO PROCEED TO SAN DIEGO FOR TEMPORARY DUTY UNDER INSTRUCTION FOR ABOUT ONE WEEK AND FOR OTHER SPECIFIED TEMPORARY DUTY AT THAT STATION AND AT MARE ISLAND, CALIFORNIA, AND THEN TO THE U.S.S. TOPEKA FOR DUTY. PURSUANT TO THAT AMENDATORY ORDER, HE DEPARTED FROM WASHINGTON ON SEPTEMBER 11, 1964, AND ARRIVED IN SAN DIEGO ON OCTOBER 4, 1964.

INCIDENT TO THE TEMPORARY DUTY PERFORMED AT THE BUREAU OF NAVAL WEAPONS CAPTAIN BUELL WAS PAID PER DIEM AT THE RATE OF $16 PER DAY ONLY FOR THE DAYS OF SEPTEMBER 1, 2 AND 3, 1964. IN YOUR LETTER OF JANUARY 20, 1965, YOU POINT OUT (1) THAT CAPTAIN BUELL WAS IN A LEAVE STATUS PRIOR TO REPORTING TO THE BUREAU OF NAVAL WEAPONS AND SUBSEQUENT TO COMPLETION OF HIS TEMPORARY DUTY THERE AND (2) THAT ACTUAL TRAVEL TO WASHINGTON WAS PERFORMED PRIOR TO THE DATE HE WENT ON LEAVE AND HIS DEPARTURE WAS AFTER HE HAD REVERTED TO SUCH STATUS. YOU REQUEST OUR DECISION AS TO WHETHER, IN THOSE CIRCUMSTANCES, PER DIEM IS PAYABLE ON THE DATES OF REPORTING AND DETACHMENT AT THE TEMPORARY DUTY POINT.

PARAGRAPH 4201, ITEM 1, OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TEMPORARY DUTY PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY DAY DURING WHICH MILEAGE IS PAYABLE FOR TRAVEL IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND ITEM 2 OF THAT PARAGRAPH PROVIDES THAT SUCH ALLOWANCES ARE NOT PAYABLE FOR THE DAY OF ARRIVAL AT AND THE DAY OF DEPARTURE FROM A TEMPORARY DUTY POINT UNDER ORDERS DIRECTING A PERMANENT CHANGE OF STATION, EXCEPT AS PROVIDED IN PARAGRAPH 4152 OF THE JOINT TRAVEL REGULATIONS, AND EXCEPT FOR THE DAY OF DEPARTURE IF SUCH DEPARTURE PLACES THE MEMBER IN A STATUS OTHERWISE ENTITLING HIM TO PER DIEM ALLOWANCE, SUCH AS WHEN DEPARTING FROM THE UNITED STATES. PARAGRAPH 4152 PROVIDES FOR THE PAYMENT OF PER DIEM TO MEMBERS FOR PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED BY GOVERNMENT TRANSPORTATION, BY COMMON CARRIER AT GOVERNMENT EXPENSE, OR BY TRANSPORTATION MADE AVAILABLE BY A FOREIGN GOVERNMENT AT NO COST TO THE TRAVELER, EXCEPT FOR GROUP TRAVEL, FOR THE TIME REQUIRED TO TRAVEL BETWEEN THE PERMANENT STATIONS, INCLUDING NECESSARY DELAYS OR TEMPORARY DUTY DIRECTED EN ROUTE, EXCEPT AS FOLLOWS:

"1. IF TEMPORARY DUTY IS DIRECTED IN A PERMANENT CHANGE-OF-STATION ORDER AND TRAVEL TO A TEMPORARY DUTY POINT IS PERFORMED ENTIRELY AT PERSONAL EXPENSE FOR WHICH MILEAGE IS PAYABLE IN ACCORDANCE WITH PAR. 4151, PER DIEM AT THE TEMPORARY DUTY POINT WILL COMMENCE TO ACCRUE AS OF 0001 HOURS ON THE DAY FOLLOWING ARRIVAL THEREAT;

"2. IF TEMPORARY DUTY IS DIRECTED IN A PERMANENT CHANGE-OF-STATION ORDER AND TRAVEL FROM A TEMPORARY DUTY POINT IS PERFORMED ENTIRELY AT PERSONAL EXPENSE FOR WHICH MILEAGE IS PAYABLE IN ACCORDANCE WITH PAR. 4151, PER DIEM AT THE TEMPORARY DUTY POINT WILL CEASE TO ACCRUE AS OF 2400 HOURS ON THE DAY PRECEDING DEPARTURE THEREFROM.'

PARAGRAPH 4151 OF THE JOINT TRAVEL REGULATIONS DEFINES MILEAGE AS AN ALLOWANCE TO COVER THE AVERAGE COST OF FIRST CLASS TRANSPORTATION INCLUDING SLEEPING ACCOMMODATIONS, COST OF SUBSISTENCE, LODGING, AND OTHER INCIDENTAL EXPENSES DIRECTLY RELATED TO THE TRAVEL, AND PROVIDES THAT "IN NO CASE WILL MILEAGE AND PER DIEM BE ALLOWED FOR THE SAME DAY.' SINCE PER DIEM ALLOWANCES INCLUDE THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES RELATED THERETO (PAR. 4202-1), IT IS EVIDENT THAT THE CITED PROVISIONS IN PARAGRAPHS 4201 AND 4151 DENYING AUTHORITY FOR THE PAYMENT OF PER DIEM AND MILEAGE FOR THE SAME DAY HAVE AS THEIR PURPOSE THE PREVENTION OF DUPLICATION OF ALLOWANCES. SUCH RESTRICTION THEREFORE WOULD APPEAR TO HAVE NECESSARY APPLICATION ONLY AS TO DAYS OF ENTITLEMENT TO PER DIEM ON WHICH TRAVEL FOR WHICH MILEAGE IS AUTHORIZED ACTUALLY IS PERFORMED. CONSEQUENTLY, EVEN THOUGH CAPTAIN BUELL WAS ENTITLED TO MILEAGE FOR THE TRAVEL INVOLVED IN PROCEEDING TO AND FROM THE TEMPORARY DUTY STATION AT WASHINGTON, D.C., SUCH TRAVEL WAS NOT PERFORMED OR REQUIRED EITHER ON THE DATE OF HIS REPORTING TO OR DEPARTURE FROM THAT STATION. IN SUCH CIRCUMSTANCES IT MAY BE CONSIDERED THAT HE ARRIVED AT THE TEMPORARY DUTY POINT ON AUGUST 30 AND DEPARTED THEREFROM ON SEPTEMBER 5 FOR THE PURPOSES OF THE QUOTED PROVISIONS OF PARAGRAPH 4152, AND HE MAY BE CONSIDERED AS PROPERLY ENTITLED TO PER DIEM FOR THE DAYS OF AUGUST 31 AND SEPTEMBER 4.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED, PAYMENT BEING AUTHORIZED ON THE BASIS INDICATED.