B-171827, MAY 13, 1971, 50 COMP GEN 803

B-171827, MAY 13, 1971, 50 COMP GEN 803

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TEMPORARY DUTY - EN ROUTE TO NEW DUTY STATION A CHIEF WARRANT OFFICER WHO IS DETACHED FROM HIS DUTY STATION AT HUNTER ARMY AIRFIELD AND ASSIGNED TO DUTY OVERSEAS WITH TEMPORARY DUTY EN ROUTE AT FORT STEWART - BOTH LOCATIONS WITHIN A 40-MILE RADIUS AND CONSIDERED TWO DIFFERENT DUTY STATIONS UNDER THE JOINT TRAVEL REGULATIONS AS THEY ARE ESTABLISHED SUBDIVISIONS WITH DEFINITE BOUNDARIES, EVEN THOUGH ADMINISTERED AS A SINGLE POST WITH A SINGLE COMMAND AND STAFF - IS NOT ENTITLED TO A TRAVEL ALLOWANCE FOR COMMUTING DAILY BY PRIVATELY OWNED AUTOMOBILE FROM HIS RESIDENCE TO HIS TEMPORARY DUTY STATION SINCE THERE WAS NO OFFICIAL NECESSITY FOR RETURN TO THE OLD DUTY STATION AND THERE IS NO EVIDENCE THE WARRANT OFFICER COULD NOT OBTAIN LODGINGS AT HIS TEMPORARY DUTY STATION, BUT HE IS ENTITLED TO PER DIEM ON THE BASIS HE ENTERED A TRAVEL STATUS THE DAY HE REPORTED FOR TEMPORARY DUTY, NOTWITHSTANDING HE CONTINUED TO OCCUPY HIS OLD RESIDENCE. TRAVEL EXPENSES - MILITARY PERSONNEL - AUTHORIZATION - RETROACTIVE THE TREATMENT OF FORT STEWART AND HUNTER ARMY AIRFIELD, LOCATED 40 MILES APART, AS ONE INSTALLATION WITH ONE STAFF WHICH RESULTED IN THE MOVEMENT OF MILITARY AND CIVILIAN PERSONNEL FREELY BETWEEN BOTH INSTALLATIONS WITHOUT COMPETENT ORDERS DIRECTING A PERMANENT CHANGE-OF STATION OR PERFORMANCE OF TEMPORARY DUTY MAY NOT BE CORRECTED BY THE ISSUANCE OF RETROACTIVE ORDERS TO CONFIRM THE ASSIGNMENTS AND AUTHORIZE TRAVEL ALLOWANCES FOR TEMPORARY DUTY OR PERMANENT CHANGE-OF-STATION ALLOWANCES INCIDENT TO THE ASSIGNMENTS, EVEN THOUGH FOR THE PURPOSES OF THE JOINT TRAVEL REGULATIONS, THE INSTALLATIONS ARE CONSIDERED DIFFERENT STATIONS SINCE THE RETROACTIVE ORDERS WOULD BE WITHOUT EFFECT TO CHANGE THE VESTED RIGHTS OF THE PERSONNEL INVOLVED.

TO MAJOR DOUGLAS C. MORROW, DEPARTMENT OF THE ARMY, MAY 13, 1971:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 19, 1970, REQUESTING A DECISION OF THE COMPTROLLER GENERAL CONCERNING THE ENTITLEMENT OF CHIEF WARRANT OFFICER JOSEPH MOORE TO MILEAGE ALLOWANCE FOR A PERIOD OF TEMPORARY DUTY AT FORT STEWART EN ROUTE TO A NEW PERMANENT STATION. THE SUBMISSION WAS ASSIGNED CONTROL NO. 71-4 BY THE DEPARTMENT OF DEFENSE PER DIEM, TRAVEL, AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PERMANENT CHANGE-OF-STATION ORDERS DATED JANUARY 21, 1970, THE MEMBER WAS DETACHED FROM HIS DUTY STATION, HUNTER ARMY AIRFIELD, GEORGIA, AND ASSIGNED TO DUTY IN VIETNAM WITH TEMPORARY DUTY EN ROUTE AT FORT STEWART, GEORGIA, FOR APPROXIMATELY 8 WEEKS, REPORTING NOT LATER THAN JANUARY 25, 1970, WITH FURTHER TEMPORARY DUTY AT FORT RUCKER, ALABAMA. THE MEMBER COMMUTED DAILY FROM HIS PLACE OF LODGING IN SAVANNAH, GEORGIA, TO HIS TEMPORARY DUTY STATION AT FORT STEWART AND HE HAS SUBMITTED A CLAIM FOR THIS MILEAGE, TOGETHER WITH A STATEMENT OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION.

THE CLAIM WAS DENIED BY THE ADMINISTRATIVE OFFICE FOR THE REASON THAT FOR COMMAND PURPOSES FORT STEWART, GEORGIA, AND HUNTER ARMY AIRFIELD, GEORGIA, ARE TREATED AS ONE INSTALLATION AND ADMINISTERED BY A COMMON COMMANDER. THE MEMBER'S CLAIM WAS PROCESSED THROUGH CHANNELS TO THE PER DIEM, TRAVEL, AND TRANSPORTATION ALLOWANCE COMMITTEE AND THE DEPUTY CHIEF OF STAFF FOR PERSONNEL. IT IS THE VIEW OF BOTH THAT HUNTER ARMY AIRFIELD AND FORT STEWART SHOULD BE CONSIDERED AS TWO DIFFERENT DUTY STATIONS.

IN YOUR LETTER IT IS STATED THAT HUNTER ARMY AIRFIELD IS APPROXIMATELY A 40-MILE DISTANCE FROM FORT STEWART, AND THAT THE TWO STATIONS DO NOT HAVE A COMMON BORDER BUT THEY ARE ADMINISTERED AS A SINGLE POST WITH A SINGLE COMMANDER AND STAFF. ALSO, IT IS STATED THAT PERSONNEL HAVE BEEN TRANSFERRED FREELY FROM FORT STEWART TO HUNTER ARMY AIRFIELD AND VICE VERSA.

YOU ASK WHETHER THE MEMBER IS ENTITLED TO MILEAGE OR PER DIEM WHILE A STUDENT AT FORT STEWART WHILE ON PERMANENT CHANGE-OF-STATION ORDERS FROM HUNTER ARMY AIRFIELD TO VIETNAM. AND, IF THE ANSWER TO THIS QUESTION IS IN THE AFFIRMATIVE, YOU ASK THE FOLLOWING QUESTIONS WHICH YOU SAY RELATE TO NUMEROUS CLAIMS WHICH HAVE OR MAY BE SUBMITTED.

A. IS A TRANSFER BETWEEN HUNTER ARMY AIRFIELD AND FORT STEWART OR BETWEEN FORT STEWART AND HUNTER ARMY AIRFIELD A PCS?

B. PERSONNEL HAVE BEEN ASSIGNED TO HUNTER AAF AND SUBSEQUENTLY REASSIGNED TO FORT STEWART AND VICE VERSA. IF THE ANSWER TO 6A IS AFFIRMATIVE, MAY A DISLOCATION ALLOWANCE BE PAID FOR THIS SECOND PCS (JTR 1, PARAGRAPH M 9005) AND WHAT PROCEDURE WILL BE NECESSARY TO SECURE RETROACTIVE APPROVAL BY THE SECRETARY OF THE ARMY FOR THIS SECOND PCS?

C. PERSONNEL HAVE BEEN TRANSFERRED VOCO FROM FORT STEWART TO HUNTER ARMY AIRFIELD AND FROM HUNTER ARMY AIRFIELD TO FORT STEWART. WILL CONFIRMATORY ORDERS BE REQUIRED IN THESE INSTANCES?

7. AS PERTAINS TO CIVILIAN EMPLOYEES. EMPLOYEES HAVE BEEN TRANSFERRED UTILIZING STANDARD FORM 50. IF THE MOVE BETWEEN HUNTER ARMY AIRFIELD AND FORT STEWART IS A PCS MOVE, WILL RETROACTIVE PUBLISHING OF CONFIRMATION ORDERS BE REQUIRED UNDER THE PROVISIONS OF CHAPTER 2 JTR II, AND WILL IT BE NECESSARY TO SECURE THE SERVICE AGREEMENT AS REQUIRED BY PARAGRAPH C 4103, 2A OF JTR II.

WITH REGARD TO MILITARY PERSONNEL, THE PERTINENT STATUTE, 37 U.S.C. 404(A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A MEMBER OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM A DESIGNATED POST OF DUTY.

PARAGRAPH M1150-10A OF THE JOINT TRAVEL REGULATIONS DEFINES A PERMANENT DUTY STATION TO BE THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "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, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREUNDER HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED. SINCE HUNTER ARMY AIRFIELD AND FORT STEWART, GEORGIA, ARE ESTABLISHED SUBDIVISIONS WITH DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, THEY SHOULD BE CONSIDERED UNDER THE JOINT TRAVEL REGULATIONS AS TWO DIFFERENT DUTY STATIONS FOR TRAVEL ALLOWANCE PURPOSES.

IN OUR DECISION OF APRIL 14, 1971, 50 COMP. GEN., WE CONSIDERED THE SITUATION OF A MEMBER WHO WAS DETACHED FROM HIS OLD DUTY STATION AND DIRECTED TO PERFORM TEMPORARY DUTY AT A NEARBY LOCATION BEFORE REPORTING TO HIS PERMANENT DUTY STATION, AND WHO DID NOT CHANGE HIS RESIDENCE DURING THE PERIOD OF TEMPORARY DUTY. WE HELD THAT WHEN HE WAS DETACHED FROM HIS DUTY STATION AND PROCEEDED TO HIS TEMPORARY DUTY STATION OUTSIDE THE CORPORATE LIMITS OF HIS OLD STATION, HE ENTERED A TRAVEL STATUS AND WAS ENTITLED TO THE PER DIEM PRESCRIBED IN THE REGULATIONS FOR ORDERED TEMPORARY DUTY EN ROUTE TO A NEW PERMANENT STATION. AND, IN THAT DECISION WE POINTED OUT THAT UNDER THE PRESENT REGULATIONS, WE ARE REQUIRED TO HOLD THAT, EVEN THOUGH SUCH MEMBER CONTINUES TO OCCUPY THE SAME QUARTERS AT HIS OLD STATION AND TO TRAVEL TO AND FROM HIS TEMPORARY DUTY STATION EACH WEEK DAY, HIS RIGHT TO PER DIEM WILL NOT BE AFFECTED.

THEREFORE, WHEN MOORE WAS DETACHED FROM DUTY AT HUNTER ARMY AIRFIELD AND REPORTED FOR TEMPORARY DUTY AT FORT STEWART, GEORGIA, ON JANUARY 26, 1970, EN ROUTE TO HIS PERMANENT DUTY STATION OVERSEAS, HE WAS IN A TRAVEL STATUS ENTITLING HIM TO PER DIEM COMMENCING ON THAT DAY NOTWITHSTANDING THAT HE CONTINUED TO RESIDE AT HIS OLD RESIDENCE.

HE IS NOT ENTITLED TO A TRAVEL ALLOWANCE FOR THE TRAVEL BY PRIVATE AUTOMOBILE FROM HIS RESIDENCE TO HIS PLACE OF TEMPORARY DUTY AND RETURN EACH DAY, HOWEVER, SINCE, AFTER DETACHMENT FROM HIS OLD STATION, THERE WAS NO OFFICIAL NECESSITY FOR HIM TO RETURN TO THAT STATION OR TO THE QUARTERS HE OCCUPIED INCIDENT TO THAT ASSIGNMENT, AND THERE IS NO SHOWING THAT HE COULD NOT HAVE OBTAINED LODGING AT HIS TEMPORARY DUTY STATION. SEE PARAGRAPH M4413, JOINT TRAVEL REGULATIONS.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER RETURNED HEREWITH IS AUTHORIZED ON THE BASIS INDICATED ABOVE IF OTHERWISE CORRECT.

THE REMAINING QUESTIONS ASKED IN YOUR LETTER ARE NOT SPECIFICALLY INVOLVED IN THE VOUCHER SUBMITTED AND A DEFINITE ANSWER DOES NOT APPEAR TO BE REQUIRED. 25 COMP. DEC. 653 (1919) AND 22 COMP. GEN. 588 (1943). POINT OUT, HOWEVER, THAT A DETERMINATION OF THE PROPER ALLOWANCES PAYABLE TO A MEMBER VARIES AS TO WHETHER HIS ASSIGNMENT AT HIS DESIGNATED POST OF DUTY WAS FOR TEMPORARY OR PERMANENT DUTY. THE QUESTION OF WHAT CONSTITUTES A MEMBER'S DESIGNATED POST OF DUTY AND WHETHER AN ASSIGNMENT AT SUCH DESIGNATED POST OF DUTY IS TEMPORARY OR PERMANENT IS TO BE DETERMINED BASICALLY FROM THE ORDERS UNDER WHICH THE ASSIGNMENT IS MADE. 24 COMP. GEN. 667, 670 (1945); 33 ID. 98, 99 (1953).

PARAGRAPH M3000 OF THE JOINT TRAVEL REGULATIONS PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 404(A) PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH M3002-1 OF THE REGULATIONS PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO AND PARAGRAPH M3002-2 PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF THE VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. WRITTEN ORDERS CONFIRMING VERBAL ORDERS, TOGETHER WITH EVIDENCE SHOWING THAT AN EMERGENCY PREVENTED THE ISSUANCE OF WRITTEN ORDERS MAY BE ACCEPTED ONLY IF THE WRITTEN CONFIRMATORY ORDERS, FULLY SUBSTANTIATED, ARE ISSUED WITHIN A REASONABLE TIME THEREAFTER. 43 COMP. GEN. 281 (1963). ALSO FOR CONSIDERATION IN THIS CONNECTION IS THE WELL SETTLED RULE THAT RETROACTIVE ORDERS ARE WITHOUT EFFECT TO EITHER INCREASE OR DECREASE VESTED RIGHTS OF GOVERNMENT PERSONNEL. 23 COMP. GEN. 713 (1944); 24 ID. 439 (1944); 43 ID. 281 (1963).

THE RECORD SHOWS THAT CONTINENTAL ARMY COMMAND MESSAGE DATED DECEMBER 17, 1966, STATES THAT "FORT STEWART/HUNTER AFB WILL BE TREATED AS ONE INSTALLATION WITH ONE STAFF AND DESIGNATED FORT STEWART, GEORGIA (NORTH POST/SOUTH POST)" AND THAT PERSONNEL HAVE BEEN TRANSFERRED FREELY FROM FORT STEWART TO HUNTER ARMY AIRFIELD AND VICE VERSA AS ONE INSTALLATION. SINCE BOTH INSTALLATIONS WERE CONSIDERED AS ONE STATION, IT IS OBVIOUS THAT THE PERSONNEL WERE MOVED IN AND AROUND THE STATION WITHOUT COMPETENT WRITTEN ORDERS OR VERBAL ORDERS DIRECTING A PERMANENT CHANGE OF STATION OR THE PERFORMANCE OF TEMPORARY DUTY WHICH COULD BE CONFIRMED IN WRITING.

IN THESE CIRCUMSTANCES WE PERCEIVE NO BASIS UPON WHICH ORDERS MAY NOW BE ISSUED PURPORTING TO CONFIRM VERBAL ORDERS SO AS TO AUTHORIZE TRAVEL ALLOWANCES FOR TEMPORARY DUTY OR PERMANENT CHANGE-OF-STATION ALLOWANCES INCIDENT TO SUCH ASSIGNMENTS.