B-44385, OCTOBER 6, 1944, 24 COMP. GEN. 279

B-44385, OCTOBER 6, 1944, 24 COMP. GEN. 279

SUBSISTENCE - PER DIEMS - NAVY OFFICER ASSIGNED TO TEMPORARY DUTY AT WASHINGTON NAVY YARD FROM NEARBY ACTIVITY THE DETACHMENT OF A NAVY OFFICER FROM THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, AND HIS ASSIGNMENT TO TEMPORARY DUTY AT THE NAVY YARD, WASHINGTON, D.C.--- BOTH PLACES BEING LOCATED CONTIGUOUS TO EACH OTHER (22 COMP. GEN. 129) AND BOTH ACTIVITIES BEING CONSIDERED AS ONE STATION INSOFAR AS AN OFFICER'S RIGHT TO PER DIEM IS CONCERNED WHEN DETACHED FROM ONE AND ASSIGNED TO THE OTHER FOR DUTY--- DID NOT CONSTITUTE A CHANGE OF STATION WITHIN THE MEANING OF THE TRAVEL ALLOWANCE LAWS TO ENTITLE THE OFFICER TO PAYMENT OF PER DIEM DURING SUCH ASSIGNMENT AT THE WASHINGTON NAVY YARD, EVEN THOUGH HIS ORDERS AUTHORIZED PER DIEM.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, OCTOBER 6, 1944:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 7, 1944, TRANSMITTING A LETTER FROM THE DISBURSING OFFICER, NAVY YARD, WASHINGTON, D.C., DATED AUGUST 10, 1944, RELATIVE TO THE CLAIM OF LIEUTENANT (JG) WILLIAM E. TORREY, JR., FOR $364.74, COVERING PER DIEM ALLOWANCE FROM JUNE 20, 1944, TO AUGUST 7, 1944, AND REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED.

ORDERS OF MARCH 24, 1944, ARE AS FOLLOWS: FROM: THE CHIEF OF NAVY PERSONNEL. TO: LIEUTENANT (JG) WILLIAM E. TORREY, JR., (127867), * * * * * * * * VIA: MEDICAL OFFICER IN COMMAND OF NATIONAL NAVAL MEDICAL CENTER. SUBJECT: CHANGE OF DUTY.

1. WHEN DIRECTED BY THE MEDICAL OFFICER IN COMMAND OF NAVAL MEDICAL SCHOOL, NATIONAL NAVAL MEDICAL CENTER UPON THE COMPLETION OF YOUR COURSE OF INSTRUCTION ON OR ABOUT 14 APRIL 1944, YOU WILL REGARD YOURSELF DETACHED FROM DUTY UNDER INSTRUCTION AT THE NAVAL MEDICAL SCHOOL, NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MD., AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT, NAVY YARD, FOR TEMPORARY DUTY, AND FOR DUTY UNDER INSTRUCTION IN DEEP SEA DIVING WHEN THAT CLASS IS ASSEMBLED, REPORTING BY LETTER TO THE COMMANDANT, POTOMAC RIVER NAVAL COMMAND.

2. THE SECRETARY OF THE NAVY HAS DETERMINED THAT THIS EMPLOYMENT ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS.

SECOND AND THIRD INDORSEMENTS ON THESE ORDERS SHOW THAT THE OFFICER WAS DETACHED FROM THE NAVAL MEDICAL SCHOOL, NNMC, APRIL 18, 1944, THAT HE REPORTED THE SAME DAY FOR TEMPORARY DUTY AT THE YARD DISPENSARY PENDING THE CONVENING OF A CLASS AT THE DEEP SEA DIVING SCHOOL. HE WAS FURTHER DIRECTED BY FOURTH INDORSEMENT OF MAY 22, 1944, TO REPORT TO THE OFFICER IN CHARGE, DEEP SEA DIVING SCHOOL FOR TEMPORARY DUTY UNDER INSTRUCTION. MODIFYING ORDERS WERE ISSUED JUNE 20, 1944, AS FOLLOWS: FROM: THE CHIEF OF NAVAL PERSONNEL. TO: LIEUTENANT (JG) WILLIAM E. TORREY, JR., MEDICAL CORPS, USN,

127867, * * * NAVY YARD, WASHINGTON, D.C. VIA: COMMANDANT. SUBJECT: MODIFICATION OF ORDERS.

1. YOUR ORDERS OF 24 MARCH 1944 ARE SO FAR MODIFIED THAT YOU WILL REPORT TO THE COMMANDANT, NAVY YARD, WASHINGTON, D.C., FOR TEMPORARY DUTY UNDER INSTRUCTION IN DEEP SEA DIVING INSTEAD OF FOR DUTY UNDER INSTRUCTION IN DEEP SEA DIVING; WILL CARRY OUT THE REMAINDER OF THE ABOVE MENTIONED ORDERS.

2. REIMBURSEMENT WILL BE ON A PER DIEM BASIS IN ACCORDANCE WITH ALNAV 80.

ORDERS OF JUNE 24, 1944, DIRECTED TEMPORARY ADDITIONAL DUTY AS FOLLOWS: FROM: THE CHIEF OF NAVAL PERSONNEL. TO: * * * LIEUTENANT (JG) WILLIAM E. TORREY, JR., ( MC), USN, 127867,

DEEP SEA DIVING SCHOOL, NAVY YARD, WASHINGTON, D.C. VIA: COMMANDANT. SUBJECT: TEMPORARY ADDITIONAL DUTY.

1. PROCEED TO THE PLACE (OR PLACES--- IN THE ORDER GIVEN) INDICATED BELOW, FOR TEMPORARY DUTY. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF YOU WILL RETURN TO YOUR STATION:

ON OR ABOUT 9 JULY 1944, NEW LONDON, CONN., REPORTING TO THE COMMANDING OFFICER, SUBMARINE BASE, FOR FAMILIARIZATION TRAINING.

2. PROVISIONS OF PER DIEM ALLOWANCE AUTHORIZED BY BUREAU OF NAVAL PERSONNEL MODIFICATION ORDERS DATED 20 JUNE 1944, REMAIN IN EFFECT.

INDORSEMENTS ON THESE ORDERS SHOW THAT THE OFFICER DEPARTED FROM WASHINGTON, D.C., AT 10 A.M., JULY 16, 1944, AND ARRIVED AT NEW LONDON, CONNECTICUT, THE SAME DAY. THE TEMPORARY DUTY WAS COMPLETED JULY 30, 1944, AND HE RETURNED THAT DATE TO NAVY YARD, WASHINGTON, D.C., AND RESUMED HIS REGULAR DUTIES. MODIFYING ORDERS WERE ISSUED JULY 22, 1944, AS FOLLOWS: FROM: THE CHIEF OF NAVAL PERSONNEL. TO: * * * LIEUTENANT (JG) WILLIAM E. TORREY, JR., MEDICAL CORPS,

USN, 127867, * * * DEEP SEA DIVING SCHOOL, NAVY YARD,

WASHINGTON, D.C. VIA: COMMANDANT. SUBJECT:ORDERS MODIFIED.

1. PARAGRAPH TWO OF YOUR ORDERS OF 24 JUNE 1944, IS SO FAR MODIFIED THAT WHILE ABSENT FROM WASHINGTON, D.C., YOU WILL BE ENTITLED TO REIMBURSEMENT ON A PER DIEM BASIS IN ACCORDANCE WITH ALNAV 80.

(CONFIRMING TELEPHONED INSTRUCTIONS OF 15 JULY 1944.)

THE CLAIM OF THE OFFICER, BASED ON THE ABOVE-QUOTED ORDERS, IS FOR PER DIEM ALLOWANCE FROM JUNE 20, TO AUGUST 7, 1944, 49 DAYS AT $7, TOTALING $343, AND REIMBURSEMENT FOR COST OF FIRST-CLASS RAIL FARE FROM WASHINGTON TO NEW LONDON; VIA HELL GATE BRIDGE AND RETURN IN THE AMOUNT OF $21.74.

IT IS STATED IN THE DISBURSING OFFICER'S LETTER THAT THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, IS "UNDER THIS STATION.' THIS STATEMENT APPEARS TO BE BASED ON THE FACT THAT BOTH THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, AND THE NAVY YARD, WASHINGTON, D.C., ARE, FOR ADMINISTRATIVE PURPOSES, PLACED UNDER THE CONTROL AND JURISDICTION OF THE POTOMAC RIVER NAVAL COMMAND, WITH HEADQUARTERS AT THE NAVY YARD, WASHINGTON, D.C. GEOGRAPHICALLY, BETHESDA, MARYLAND, IS LOCATED CONTIGUOUS TO WASHINGTON, D.C., AND IS GENERALLY AND COMMONLY REGARDED AS BEING A SUBURB AND A PART OF THE METROPOLITAN AREA OF WASHINGTON, D.C., 22 COMP. GEN. 129, 132. THE OFFICER'S NOTATION ON HIS ORDERS OF MARCH 24, 1944, SHOWS HE LEFT BETHESDA AT 9:15 A.M., APRIL 18, 1944, ARRIVED AT THE NAVY YARD AT 10:40 A.M. THE SAME DAY, AND THAT NO GOVERNMENT TRANSPORTATION WAS FURNISHED. IT IS UNDERSTOOD THAT IN ORDER TO FACILITATE OFFICIAL INTEROFFICE TRAVEL AND BUSINESS, REGULAR AND FREQUENT OFFICIAL TRANSPORTATION SERVICE IS MAINTAINED BETWEEN THE NAVAL MEDICAL CENTER, THE NAVY DEPARTMENT, AND THE NAVY YARD. THE EFFECT OF THE CLOSE LIAISON BETWEEN THE VARIOUS NAVAL ACTIVITIES, OFFICES, AND NEARBY INSTRUMENTALITIES, UNDER THE SAME ADMINISTRATIVE JURISDICTION, IS TO CONSTITUTE THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, AND THE NAVY YARD, WASHINGTON, D.C., ONE STATION FOR PURPOSES OF DUTY ASSIGNMENT, INSOFAR AS AN OFFICER'S RIGHT TO PER DIEM IS CONCERNED WHEN DETACHED FROM DUTY AT ONE OF SUCH ACTIVITIES HERE INVOLVED 21 COMP. GEN. 97; 16 ID. 1000, AND THE DECISION CITED THEREIN. ACCORDINGLY, THE CONCLUSION IS REQUIRED THAT THE DETACHMENT OF LIEUTENANT TORREY FROM THE MEDICAL SCHOOL AT THE NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, AND HIS ASSIGNMENT AT THE DIVING SCHOOL, NAVY YARD, WASHINGTON, D.C., DID NOT CONSTITUTE A CHANGE OF STATION WITHIN THE MEANING OF THE TRAVEL ALLOWANCE LAWS, AND THAT NO RIGHT TO THE PAYMENT OF PER DIEM ACCRUED TO THE OFFICER DURING THE PERIOD OF HIS ASSIGNMENT AT THE DIVING SCHOOL, NAVY YARD, WASHINGTON, D.C.

THE ORDERS OF JUNE 24, 1944, WHICH AUTHORIZED OFFICIAL TRAVEL TO NEW LONDON, CONNECTICUT, AND RETURN UPON COMPLETION OF THE TEMPORARY ADDITIONAL DUTY ASSIGNED, DIRECTED THAT THE PER DIEM AUTHORIZED BY THE ORDERS OF JUNE 20, 1944, SHOULD REMAIN IN EFFECT FOR THIS PERIOD OF TRAVEL. WHILE THE ORDERS OF JUNE 20, 1944, WERE WITHOUT EFFECT TO AUTHORIZE PAYMENT OF PER DIEM WHILE THE OFFICER REMAINED ON DUTY AT THE DEEP SEA DIVING SCHOOL, NAVY YARD, WASHINGTON, D.C., SUCH ORDERS IN COMBINATION WITH THE ORDERS OF JUNE 24, 1944, MAY BE CONSIDERED AS AUTHORITY FOR THE PAYMENT OF A PER DIEM WHILE TRAVELING FROM WASHINGTON, D.C., TO NEW LONDON, CONNECTICUT, AND RETURN AND WHILE IN THE PERFORMANCE OF THE TEMPORARY ADDITIONAL DUTY AT NEW LONDON. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF PER DIEM TO LIEUTENANT TORREY IS AUTHORIZED ONLY FROM THE TIME OF COMMENCING OFFICIAL TRAVEL FROM WASHINGTON TO NEW LONDON, JULY 16, 1944, UNTIL TIME OF RETURN TO WASHINGTON, JULY 30, 1944.