B-173955, OCT 15, 1971, 51 COMP GEN 215

B-173955, OCT 15, 1971, 51 COMP GEN 215

SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TEMPORARY DUTY - EN ROUTE TO NEW DUTY STATION - PERMANENT UNIT AT TEMPORARY DUTY STATION A CHIEF PETTY OFFICER WHO INCIDENT TO A PERMANENT DUTY STATION CHANGE FROM MEMPHIS, TENNESSEE, TO PATROL SQUADRON EIGHT AT BRUNSWICK, MAINE, IS ORDERED TO REPORT ON APRIL 29, 1971 FOR 19 WEEKS OF INSTRUCTION ON TEMPORARY DUTY WITH SQUADRON THIRTY AT PATUXENT RIVER, MARYLAND, IS ENTITLED TO PER DIEM FOR THE ENTIRE PERIOD OF THE TEMPORARY DUTY, NOTWITHSTANDING THE UNIT TO WHICH ASSIGNED AT HIS NEW PERMANENT DUTY STATION WAS LOCATED AT PATUXENT RIVER UNTIL JUNE 30, 1971, SINCE PARAGRAPH M4201-4 OF THE JOINT TRAVEL REGULATIONS PROHIBITING THE PAYMENT OF PER DIEM WITHIN THE LIMITS OF A PERMANENT DUTY STATION HAS NO APPLICATION AS THE OFFICER WAS NOT A MEMBER OF SQUADRON EIGHT UNTIL HE REPORTED TO BRUNSWICK AND, THEREFORE, HAS TRAVEL STATUS AND PER DIEM ENTITLEMENT WERE NOT AFFECTED BECAUSE HIS TEMPORARY DUTY STATION WAS FOR PART OF THE TIME THE OLD PERMANENT STATION OF THE SQUADRON.

TO N. DELOZIER, DEPARTMENT OF THE NAVY, OCTOBER 15, 1971:

WE AGAIN REFER TO YOUR LETTER OF JUNE 24, 1971, CT33/ND:KLD, REQUESTING A DECISION WHETHER PAYMENT OF PER DIEM MAY BE MADE ON AN ENCLOSED VOUCHER IN FAVOR OF ADJC, JEROME C. MATTHEWS, 457 91 09, USN, IN THE DESCRIBED CIRCUMSTANCES. THE REQUEST WAS ASSIGNED CONTROL NO. 71-37 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS NO. 098-71, DATED MARCH 14, 1971, CHIEF PETTY OFFICER MATTHEWS WAS TRANSFERRED FROM NAVAL AIR TECHNICAL TRAINING CENTER, MEMPHIS, MILLINGTON, TENNESSEE, TO PATROL SQUADRON THIRTY (VP30) AT NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, FOR 19 WEEKS UNDER INSTRUCTION, UPON COMPLETION OF WHICH HE WAS TO REPORT TO PATROL SQUADRON EIGHT (VPS) AT BRUNSWICK, MAINE, FOR DUTY. THESE ORDERS DIRECTED A CHANGE OF PERMANENT STATION FROM MILLINGTON TO BRUNSWICK WITH TEMPORARY DUTY EN ROUTE AT PATUXENT RIVER. HE REPORTED FOR TEMPORARY DUTY WITH PATROL SQUADRON THIRTY AT PATUXENT RIVER ON APRIL 29, 1971. THE CLASS HE WAS TO ATTEND WAS SCHEDULED TO CONVENE ON MAY 3, 1971, AND MR. MATTHEWS WAS TO REMAIN WITH PATROL SQUADRON THIRTY AT PATUXENT RIVER FOR TEMPORARY DUTY UNDER INSTRUCTION UNTIL SEPTEMBER 1971.

YOUR DOUBT AS TO THE MEMBER'S ENTITLEMENT TO PER DIEM FOR TEMPORARY DUTY AT PATUXENT RIVER ARISES FROM THE FACT THAT BY MESSAGE 161837Z, DATED FEBRUARY 1971, THE CHIEF OF NAVAL OPERATIONS OFFICIALLY ANNOUNCED THE CHANGE OF PERMANENT DUTY STATION OF PATROL SQUADRON EIGHT FROM PATUXENT RIVER, MARYLAND, TO BRUNSWICK, MAINE, EFFECTIVE JUNE 30, 1971. THUS, WHEN THE MEMBER REPORTED TO PATROL SQUADRON THIRTY AT PATUXENT, MARYLAND, TO PERFORM TEMPORARY DUTY, THE UNIT TO WHICH HE WAS ASSIGNED UPON REPORTING TO HIS PERMANENT STATION WAS PHYSICALLY LOCATED AT THE SAME PLACE AND DID NOT MOVE TO BRUNSWICK, MAINE, UNTIL A LATER DATE.

SINCE MR. MATTHEWS' ORDERS DESIGNATE BRUNSWICK, MAINE, AS THE PERMANENT STATION OF PATROL SQUADRON EIGHT, YOU QUESTION WHETHER PARAGRAPH M4201-4 OF THE JOINT TRAVEL REGULATIONS SHOULD BE APPLIED TO THE TEMPORARY DUTY HERE INVOLVED. THAT PARAGRAPH PROVIDES GENERALLY THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION. ALSO, YOU QUESTION WHETHER PER DIEM MAY BE PAID BEGINNING JULY 1, 1971, FOLLOWING THE OFFICIAL CHANGE OF STATION OF PATROL SQUADRON EIGHT.

UNDER THE PROVISIONS OF 37 U.S.C. 404, PER DIEM AND TRAVEL ALLOWANCES ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ONLY DURING PERIODS WHILE AWAY FROM THEIR DESIGNATED POSTS OF DUTY. A MEMBER'S DESIGNATED POST OF DUTY, PERMANENT STATION, IS THE PLACE AT WHICH HIS BASIC DUTY ASSIGNMENT IS FOR PERFORMANCE. IT IS CHANGED BY CHANGE OF PERMANENT STATION ORDERS AND WHEN A MEMBER PERFORMING TEMPORARY DUTY AT A LOCATION RECEIVES CHANGE OF PERMANENT STATION ORDERS ASSIGNING HIM TO DUTY AT THAT LOCATION IT BECOMES HIS PERMANENT STATION. IN THE CASE OF A NAVY SHORE-BASED MOBILE UNIT CHANGE-OF-STATION MOVE, THE CHANGE IS EFFECTIVE WHEN THE UNIT MEMBERS COMMENCE TRAVEL TO THE NEW STATION FOR THE PURPOSE OF PERFORMING THEIR REGULAR DUTY ASSIGNMENT WITH NO INTENTION OF RETURNING TO THE OLD DUTY STATION. HENCE, WHEN MR. MATTHEWS REPORTED AT PATUXENT RIVER FOR THE PERFORMANCE OF TEMPORARY DUTY THAT LOCATION WAS THE PERMANENT STATION OF PATROL SQUADRON EIGHT (VP8). 43 COMP. GEN. 73 (1963). IN THIS CASE, HOWEVER, THE MEMBER CONCERNED WAS NOT A MEMBER OF PATROL SQUADRON EIGHT UNTIL HE REPORTED FOR DUTY AT BRUNSWICK AND ITS UNIT MOVEMENT ORDERS FROM PATUXENT RIVER TO BRUNSWICK COULD NOT INCLUDE HIM.

UPON HIS ARRIVAL AT PATUXENT RIVER, MARYLAND, THE MEMBER REPORTED TO PATROL SQUADRON THIRTY FOR TEMPORARY DUTY. PRESUMABLY, HE PERFORMED THAT DUTY AND UPON COMPLETION THEREOF REPORTED TO PATROL SQUADRON EIGHT AT BRUNSWICK, MAINE, FOR PERMANENT DUTY. IN THOSE CIRCUMSTANCES THE FACT THAT THE PERMANENT STATION OF THE SQUADRON TO WHICH HE WAS BEING ASSIGNED FOR PERMANENT DUTY AT BRUNSWICK CONTINUED TO BE PATUXENT RIVER FOR A PORTION OF THE TIME THE MEMBER WAS ASSIGNED THERE FOR TEMPORARY DUTY DOES NOT IN OUR OPINION AFFECT HIS TRAVEL STATUS OR HIS ENTITLEMENT TO PER DIEM FOR ANY PORTION OF THE TEMPORARY DUTY ASSIGNMENT.

THE VOUCHER IS RETURNED HEREWITH FOR PAYMENT IN THE AMOUNT DUE FOR THE TEMPORARY DUTY AT PATUXENT RIVER.