B-113971, APR 13, 1953

B-113971, APR 13, 1953

PRECIS-UNAVAILABLE

DR. MAURICE H. BORER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 3, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AND REIMBURSEMENT OF EXPENSES OF TRANSPORTATION INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD MARCH 15 TO APRIL 23, 1951, WHILE YOU WERE SERVING AS A MAJOR, ARMY OF THE UNITED STATES.

BY PARAGRAPH 4, SPECIAL ORDERS NO. 45, MARCH 15, 1951, AS AMENDED BY PARAGRAPH 6, SPECIAL ORDERS NO. 56, MARCH 29, 1951, PARAGRAPH 11, SPECIAL ORDERS NO. 66, APRIL 12, 1951, AND PARAGRAPH 2, SPECIAL ORDERS NO. 71, APRIL 20, 1951, ALL ISSUED AT CAMP KILMER, NEW JERSEY, YOU WERE DIRECTED TO PROCEED TO NEW YORK PORT OF EMBARKATION, BROOKLYN, NEW YORK, FOR ON THE JOB TRAINING FOR THE PERIOD MARCH 16 TO APRIL 21, 1951, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION AT CAMP KILMER. YOU STATE THAT YOU TRAVELED TO BROOKLYN ON MARCH 15 AND RETURNED TO CAMP KILMER ON APRIL 23, 1951, ALL TRAVEL BEING BY PRIVATELY OWNED CONVEYANCE. IT APPEARS THAT YOUR HOME OF RECORD AND RESIDENCE AT THAT TIME WAS AT YOUR PRESENT ADDRESS IN BROOKLYN AND IT IS ASSUMED THAT YOU RESIDED AT THAT ADDRESS DURING THE PERIOD OF YOUR CLAIM.

UNDER APPLICABLE PROVISIONS OF LAW AND REGULATIONS, PER DIEM IS PAYABLE ONLY FOR TRAVEL AWAY FROM THE DESIGNATED POST OF DUTY OF THE OFFICER CONCERNED. THE DECISIONS OF THIS OFFICE GENERALLY HAVE HELD THAT AN OFFICER'S STATION INCLUDES NOT ONLY THE CITY IN WHICH THE MILITARY INSTALLATION TO WHICH HE IS ATTACHED IS LOCATED, BUT ALSO NEARBY AREAS WHICH ARE PARTS OF THE SAME METROPOLITAN AREA. PARAGRAPH 4201-4 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, STATES THAT PER DIEM IS NOT PAYABLE "FOR ANY TRAVEL OR TEMPORARY DUTY PERFORMED IN THE METROPOLITAN AREA OF THE PERMANENT DUTY STATION." THE RAND MCNALLY COMMERCIAL ATLAS AND MARKETING GUIDE SHOWS THAT BROOKLYN, NEW YORK, AND STELTON, NEW JERSEY (LOCATION OF CAMP KILMER) ARE BOTH LOCATED WITHIN THE SAME METROPOLITAN AREA. WHILE THIS OFFICE HAS RECOGNIZED THE EXISTENCE OF A TRAVEL STATUS AND A RIGHT TO PER DIEM IN CERTAIN EXCEPTIONAL CASES WHERE TEMPORARY DUTY IS PERFORMED IN A NEIGHBORING CITY LOCATED IN THE SAME METROPOLITAN AREA AS HIS PERMANENT STATION, UNDER CIRCUMSTANCES WHERE THE ORDERS OR THE NATURE OF THE DUTY INVOLVED REQUIRED THE OFFICER TO REMAIN AT THE TEMPORARY DUTY STATION UNDER CONDITIONS REQUIRING HIM TO INCUR ADDITIONAL EXPENSES FOR QUARTERS AND SUBSISTENCE, THAT DOES NOT APPEAR TO BE THE SITUATION HERE SINCE YOUR TEMPORARY DUTY WAS PERFORMED IN THE SAME CITY AS YOUR PERMANENT PLACE OF RESIDENCE. NO APPRECIABLE INCREASE IN YOUR COSTS OF LIVING ARE SHOWN TO HAVE RESULTED FROM THE TEMPORARY DUTY PERFORMED AT THE NEW YORK PORT OF EMBARKATION. UNDER SUCH CIRCUMSTANCES THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 3, 1953, IS SUSTAINED.