B-161267, AUG. 30, 1967

B-161267, AUG. 30, 1967

PER DIEM - MILITARY PERSONNEL - PERMANENT V. TEMPORARY STATION DECISION TO DISBURSING OFFICER OF NAVY FOR PER DIEM FOR TEMPORARY DUTY AT STATION PRIOR TO ITS BECOMING A PERMANENT STATION. MEMBER OF THE UNIFORMED SERVICES WHOSE ORDERS TRANSFERRED HIM FROM CHARLESTON, S.C. TO GROTON, CONN. WITH TEMPORARY DUTY AT SEVERAL DESIGNATED PLACES INCLUDING GROTON MAY NOT HAVE TIME AT GROTON PRIOR TO DATE FOR REPORTING THERE FOR PERMANENT DUTY REGARDED AS TEMPORARY DUTY AND THEREFORE PER DIEM FOR TEMPORARY DUTY AT GROTON MAY NOT BE AUTHORIZED.

TO DISBURSING OFFICER:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 27, 1967, AND ENCLOSURES, FORWARDED HERE ON JULY 25, 1967, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE REQUESTING A DECISION AS TO THE LEGALITY OF PAYING PER DIEM TO DONALD E. MARKS, 688 42 73, MM2, USN, UNDER THE CIRCUMSTANCES DESCRIBED. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 67-19.

BY ORDERS PREPARED OCTOBER 20, 1966, AS MODIFIED, FROM THE BUREAU OF NAVAL PERSONNEL, THE MEMBER WAS TRANSFERRED FROM THE U.S.S. LEWIS AND CLARK (SSBN644) (BLUE) AT CHARLESTON, SOUTH CAROLINA, TO THE THIRD NAVAL DISTRICT FOR DUTY IN CONNECTION WITH SUBMARINE NR-1 AT GENERAL DYNAMICS CORPORATION (ELECTRIC BOAT DIVISION), GROTON, CONNECTICUT, WITH TEMPORARY DUTY EN ROUTE AT TWO INSTALLATIONS IN SCHENECTADY, NEW YORK; WITH THE SUPERVISOR OF SHIPBUILDING, USN, AT GENERAL DYNAMICS CORPORATION (ELECTRIC BOAT DIVISION), GROTON, CONNECTICUT; AND AT THE SPERRY GYROSCOPE COMPANY, 1540 UNION TURNPIKE, NEW HYDE PARK, NEW YORK. ON THE BASIS THAT THE MEMBER WAS IN A TRAVEL STATUS BEFORE HE REPORTED TO HIS PERMANENT DUTY STATION AT GROTON AND AS AN ELEMENT OF DOUBT EXISTS AS TO THE PROPRIETY OF PAYING PER DIEM FOR THE TEMPORARY DUTY AT GROTON PRIOR TO THE DATE HE REPORTED THERE FOR PERMANENT DUTY, YOU REQUEST A DECISION AS TO WHETHER THE MEMBER'S TRAVEL STATUS CEASED WHEN THE MEMBER REPORTED FOR TEMPORARY DUTY AT THE PERMANENT DUTY STATION AND RECOMMENCED WHEN HE REPORTED FOR TEMPORARY DUTY AT NEW YORK.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED "WHEN AWAY FROM HIS DESIGNATED POST OF DUTY.' CONSEQUENTLY, REGARDLESS OF ANY OTHER CONSIDERATIONS, NO AUTHORITY EXISTS FOR THE PAYMENT OF THOSE ALLOWANCES INCIDENT TO TEMPORARY DUTY UNLESS SUCH TEMPORARY DUTY IS PERFORMED AT A POINT REMOVED FROM THE MEMBER'S DESIGNATED POST OF DUTY OR PERMANENT DUTY STATION.

WE HAVE HELD THAT A MEMBER WHO IS DETACHED FROM HIS OLD PERMANENT STATION UNDER ORDERS DIRECTING A PERMANENT CHANGE OF STATION AND, WHILE EN ROUTE TO THE NEW PERMANENT STATION, IS REQUIRED TO RETURN TO THE OLD PERMANENT STATION FOR TEMPORARY DUTY IS ENTITLED TO PER DIEM FOR TEMPORARY DUTY AT THAT PLACE. SINCE THE MEMBER IN SUCH CASE HAS BEEN DETACHED FROM HIS OLD PERMANENT STATION IT IS NO LONGER HIS DESIGNATED POST OF DUTY AND TEMPORARY DUTY THERE IS THE SAME AS ANY OTHER TEMPORARY DUTY AT A TEMPORARY DUTY STATION AWAY FROM HIS DESIGNATED PLACE OF DUTY. SEE B- 127359, MARCH 29, 1956, AND B-161259, JUNE 21, 1967, COPIES ENCLOSED. COMPARE 44 COMP. GEN. 310. A MEMBER, HOWEVER, WHO, AFTER DETACHMENT FROM HIS OLD PERMANENT STATION, PERFORMS TEMPORARY DUTY AT HIS NEW PERMANENT STATION WHICH IS THEN HIS DESIGNATED POST OF DUTY MAY NOT BE VIEWED AS BEING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE CONTEMPLATION OF 37 U.S.C. 404, DURING THE PERIOD OF SUCH TEMPORARY DUTY.

IN THIS CONNECTION, PARAGRAPH M3003-2A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE TERM ,TEMPORARY DUTY" MEANS DUTY AT A LOCATION OTHER THAN THE PERMANENT STATION; AND, PARAGRAPH M4209 OF THESE REGULATIONS PROVIDES FURTHER THAT A MEMBER WILL NOT BE ENTITLED TO PER DIEM FOR TEMPORARY DUTY WHEN PERMANENT CHANGE OF STATION ORDERS ARE ISSUED DESIGNATING THE TEMPORARY DUTY STAION AS HIS PERMANENT STATION, EFFECTIVE EITHER IMMEDIATELY OR ON A LATER DATE, UNLESS THE CHANGE OF STATION ORDERS SPECIFICALLY DIRECT HIS RETURN TO THE OLD PERMANENT STATION ON OFFICIAL BUSINESS. SEE ALSO 34 COMP. GEN. 427; B 121605, OCTOBER 25, 1964.

SINCE THE MEMBER'S ORDERS ASSIGNED HIM TO DUTY AT GROTON, GROTON WAS HIS DESIGNATED POST OF DUTY DURING THE PERIOD OF HIS TEMPORARY DUTY. HENCE, NO RIGHT TO PER DIEM COULD ACCRUE TO HIM DURING THAT PERIOD UNDER THE PROVISIONS OF 37 U.S.C. 404. HE IS ENTITLED TO PER DIEM IN CONNECTION WITH THE PERFORMANCE OF TEMPORARY DUTY AT NEW HYDE PARK, NEW YORK.