B-180013, OCT. 2, 1974

B-180013, OCT. 2, 1974

MEMBER ORDERED TO ACTIVE DUTY WITH TEMPORARY DUTY AT FORT GORDON, THEN TO FORT SILL FOR ADDITIONAL TEMPORARY DUTY AND WHO ALSO WAS PERMANENTLY ASSIGNED TO FORT GORDON BY SUCH ORDERS, IS NOT ENTITLED TO TEMPORARY DUTY ALLOWANCES INCLUDING PER DIEM IN CONNECTION WITH HIS INITIAL DUTY AT FORT GORDON WAS DESIGNATED AS HIS PERMANENT STATION FROM WHICH HE WAS NOT AWAY. THAT CONCLUSION IS NOT ALTERED BY THE FACT THAT THE MEMBER WAS ISSUED ORDERS REASSIGNING HIM TO ANOTHER PERMANENT STATION PRIOR TO THE COMPLETION OF HIS INITIAL PERIOD OF DUTY AT FORT GORDON. MEMBER MAY BE ALLOWED PERMANENT DUTY ALLOWANCES TO WHICH HE IS OTHERWISE ENTITLED FOR THE PERIOD HE WAS PRESENT AT FORT GORDON.

ENTITLEMENT TO PERMANENT STATION ALLOWANCES - SECOND LIEUTENANT DALE C. PEAK, USAR:

THIS ACTION IS IN RESPONSE TO A LETTER DATED AUGUST 27, 1973, FILE REFERENCE ANFINW-ET, FROM THE FINANCE AND ACCOUNTING OFFICER, U.S. ARMY MILITARY DISTRICT OF WASHINGTON, REQUESTING AN ADVANCE DECISION CONCERNING THE ENTITLEMENT OF SECOND LIEUTENANT DALE C. PEAK, USAR,XXX-XX-XXXX, TO TEMPORARY DUTY ALLOWANCES INCIDENT TO DUTY HE PERFORMED AT FORT GORDON, GEORGIA, FROM APRIL 14 TO JUNE 29, 1972. THE REQUEST FOR AN ADVANCE DECISION WAS ASSIGNED CONTROL NO. 73-49 AND FORWARDED TO THIS OFFICE BY ENDORSEMENT OF THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE DATED NOVEMBER 1, 1973.

THE RECORD SHOWS THAT BY LETTER ORDERS NUMBER A-03-51, DATED MARCH 29, 1972, ISSUED BY HEADQUARTERS THE SCHOOL BRIGADE, U.S. ARMY INFANTRY SCHOOL, FORT BENNING, GEORGIA, THE MEMBER WAS ORDERED TO ACTIVE DUTY AND WAS ORDERED TO REPORT TO THE U.S. ARMY SOUTHEASTERN SIGNAL SCHOOL AT FORT GORDON, GEORGIA, NOT LATER THAN APRIL 14, 1972, FOR APPROXIMATELY 9 WEEKS' TEMPORARY DUTY AND THEN TO THE U.S. ARMY FIELD ARTILLERY SCHOOL AT FORT SILL, OKLAHOMA, NOT LATER THAN JULY 6, 1972, FOR APPROXIMATELY 7 WEEKS' TEMPORARY DUTY. THE MEMBER WAS ASSIGNED TO THE U.S. ARMY SIGNAL TRAINING CENTER AT FORT GORDON, GEORGIA, FOR DUTY WITH THE 67TH SIGNAL BATTALION.

BY SPECIAL ORDERS NO. 121, DATED JUNE 20, 1972, ISSUED BY HEADQUARTERS U.S. ARMY SOUTHEASTERN SIGNAL SCHOOL, FORT GORDON, GEORGIA, THE MEMBER'S TEMPORARY DUTY EN ROUTE AT FORT SILL, OKLAHOMA, WAS CANCELLED AND INSTEAD, HE WAS TO REPORT TO FORT BENJAMIN HARRISON, INDIANA, FOR FURTHER TEMPORARY DUTY EN ROUTE WITH A REPORTING DATE OF JULY 6, 1972. THESE ORDERS ALSO REASSIGNED (DIVERTED) THE MEMBER FROM HIS ORIGINAL ASSIGNMENT AT THE U.S. ARMY SIGNAL TRAINING CENTER AT FORT GORDON, GEORGIA, AND ASSIGNED HIM TO HEADQUARTERS ARMY MATERIEL COMMAND, WASHINGTON, D.C.

THE FINANCE AND ACCOUNTING OFFICER INDICATES THAT WHILE THE JOINT TRAVEL REGULATIONS (JTR) ARE EXPLICIT ON THE SUBJECT OF TEMPORARY DUTY POINTS BEING MADE PERMANENT DUTY STATIONS,THERE IS NO MENTION AS TO ENTITLEMENTS IN THE ABOVE CIRCUMSTANCES. THUS, IT IS ASKED IF FORT GORDON WAS A TEMPORARY DUTY STATION, OR A PERMANENT DUTY STATION FOR LIEUTENANT PEAK DURING THE PERIOD FROM APRIL 14 TO JUNE 29, 1972.

THE PERTINENT STATUTE, 37 U.S.C. 404(A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UPON A CHANGE OF PERMANENT STATION, OR WHEN AWAY FROM HIS DESIGNATED POST OF DUTY.

PARAGRAPH M3050-1 OF THE JTR, PROMULGATED UNDER THAT AUTHORITY, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS.

PARAGRAPH M3003-2A OF THE JTR DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT ONE OR MORE LOCATIONS, OTHER THAN THE PERMANENT STATION, AT WHICH A MEMBER PERFORMS TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT, OR PENDING FURTHER ASSIGNMENT, TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION UPON COMPLETION OF THE TEMPORARY DUTY.

IT CONSISTENTLY HAS BEEN HELD THAT WHEN A MEMBER IS DIRECTED TO REPORT FOR PERMANENT DUTY AT A STATION FOLLOWING COMPLETION OF TEMPORARY DUTY WHICH HE IS PERFORMING AT THE SAME PLACE, THE STATION TO WHICH HE WAS ORDERED BECOMES HIS DESIGNATED POST OF DUTY AND, IN EFFECT, HIS PERMANENT STATION UPON RECEIPT OF SUCH ORDERS. THEREFORE, NO RIGHT TO PER DIEM ACCRUES DURING THE PERIOD HE PERFORMED "TEMPORARY DUTY" FROM THE TIME OF RECEIPT OF THE ORDERS, BECAUSE HE WAS NO LONGER TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE MEANING OF SECTION 404(A) OF TITLE 37, UNITED STATES CODE. SEE 34 COMP. GEN. 427 (1955), AND 38 ID. 697 (1959).

SINCE THE ORDERS OF MARCH 29, 1972, DIRECTED THE MEMBER TO REPORT FOR DUTY AT FORT GORDON, FOLLOWING A PERIOD OF "TEMPORARY DUTY" AT FORT GORDON AND AT FORT SILL, OKLAHOMA, FORT GORDON WAS HIS DESIGNATED POST OF DUTY AND, IN EFFECT, HIS PERMANENT STATION FROM THE TIME HE ARRIVED THERE. SUBSEQUENT ORDERS REASSIGNING THE MEMBER TO ANOTHER PERMANENT STATION PRIOR TO COMPLETION OF HIS PERIOD OF DUTY AT FORT GORDON COULD NOT SERVE TO TERMINATE OR CHANGE THE NATURE OF HIS PERMANENT DUTY PRIOR TO DEPARTURE FROM FORT GORDON. NO RIGHT TO PER DIEM WOULD ACCRUE TO THE MEMBER DURING THE PERIOD HE PERFORMED "TEMPORARY DUTY" AT FORT GORDON BECAUSE HE WAS NOT TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY, WITHIN THE MEANING OF 37 U.S.C. 404(A) AND HENCE WAS NOT IN A TRAVEL STATUS DURING SUCH DUTY. ENTERED A TRAVEL STATUS ONLY WHEN TRAVEL FROM FORT GORDON WAS COMMENCED UNDER HIS ORDERS OF JUNE 20, 1972.

SINCE THE MEMBER IS REGARDED AS PRESENT AT HIS PERMANENT STATION AT FORT GORDON DURING THE PERIOD FROM APRIL 14 TO JUNE 29, 1972, HE IS NOT ENTITLED TO TEMPORARY ALLOWANCES, INCLUDING PER DIEM, IN CONNECTION WITH HIS DUTY AT THAT LOCATION, BUT HE MAY BE AUTHORIZED PERMANENT DUTY ALLOWANCES TO WHICH HE IS OTHERWISE ENTITLED.

THE QUESTION SUBMITTED IS ANSWERED ACCORDINGLY.