[Protest of Proposed DOE Subcontract Award]

B-122837, MARCH 7, 1955, 34 COMP. GEN. 427

SUBSISTENCE - PER DIEMS - MILITARY, NAVAL, ETC., PERSONNEL - TEMPORARY DUTY AT HEADQUARTERS NAVAL OFFICER WHO WAS ORDERED TO REPORT FOR PERMANENT DUTY AT ONE WASHINGTON, D.C., INSTALLATION AND TO PERFORM PRIOR "TEMPORARY DUTY" AT ANOTHER WASHINGTON INSTALLATION MAY NOT BE CONSIDERED TO HAVE BEEN TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE MEANING OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949 SO AS TO BE ENTITLED TO PER DIEM FOR THE "TEMPORARY DUTY" OR DUTY PERIOD, EVEN THOUGH AT THE TIME HE WAS PERFORMING SUCH "TEMPORARY DUTY" AMENDATORY ORDERS WERE ISSUED WHICH DIRECTED HIM TO PROCEED TO ANOTHER PERMANENT DUTY STATION.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COMMANDER W. M. MARTIN, DEPARTMENT OF THE NAVY, MARCH 7, 1955:

YOUR MEMORANDUM OF JANUARY 11, 1955, REQUESTS AN ADVANCE DECISION AS TO THE ENTITLEMENT OF ENSIGN WALTER E. WORKMAN, USNR. TO PER DIEM FOR DUTY PERFORMED BY HIM AT WASHINGTON, D.C., DURING THE PERIOD SEPTEMBER 14 TO DECEMBER 20, 1954.

BY ORDERS OF AUGUST 6, 1954, FROM THE CHIEF OF NAVAL PERSONNEL, THE OFFICER WAS DIRECTED TO REPORT TO THE COMMANDING OFFICER, RESERVE OFFICER COMMAND SCHOOL, NAVAL SCHOOLS COMMAND, NAVAL STATION, NEWPORT, RHODE ISLAND, FOR TEMPORARY DUTY OF ABOUT TWO DAYS AND THEN TO PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVAL SECURITY STATION, WASHINGTON, D.C., FOR "TEMPORARY DUTY" UNDER INSTRUCTION IN THE NAVAL SECURITY GROUP DEPARTMENT. UPON COMPLETION OF THAT DUTY HE WAS TO REPORT TO THE DIRECTOR, NATIONAL SECURITY AGENCY, WASHINGTON, D.C., FOR DUTY. THOSE ORDERS WERE AMENDED UNDER DATE OF DECEMBER 15 (DELIVERED DECEMBER 20, 1954) SO AS TO DIRECT HIM TO REGARD HIMSELF DETACHED FROM TEMPORARY DUTY UNDER INSTRUCTION IN THE NAVAL SECURITY GROUP DEPARTMENT ON OR ABOUT JANUARY 10, 1955, AND TO PROCEED TO ADAK, ALASKA, FOR DUTY. IT IS SHOWN THAT HE PERFORMED THE ORDERED DUTY AT WASHINGTON, DLC., DURING THE PERIOD OF HIS CLAIM.

SINCE THE ORDERS OF AUGUST 6, 1954, DIRECTED THE OFFICER TO REPORT FOR DUTY AT WASHINGTON, D.C., FOLLOWING A PERIOD OF "TEMPORARY DUTY" AT THIS PLACE, WASHINGTON, D.C., WAS HIS DESIGNATED POST OF DUTY AND, IN EFFECT, HIS PERMANENT STATION FROM TIME HE ARRIVED HERE. NO RIGHT TO PER DIEM COULD ACCRUE TO HIM DURING THE PERIOD HE PERFORMED "TEMPORARY DUTY" OR DUTY HERE BECAUSE HE WAS NOT TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY, WITHIN THE MEANING OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND HENCE WAS NOT IN A TRAVEL STATUS DURING SUCH DUTY. HE ENTERED A TRAVEL STATUS FOLLOWING SUCH DUTY ONLY WHEN TRAVEL AWAY FROM HERE ACTUALLY WAS COMMENCED UNDER HIS MODIFIED ORDERS.

ACCORDINGLY, PAYMENT ON THE VOUCHER SUBMITTED WITH YOUR LETTER IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THIS OFFICE.