B-127482, JUN. 8, 1956

B-127482, JUN. 8, 1956

TO E. M. MORRIS, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF JANUARY 30, 1956, WITH ENCLOSURES, FORWARDED HERE BY LETTER DATED MARCH 30, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF LIEUTENANT (JG) JOSEPH M. NEATH, USNR, 585574, FOR PER DIEM FOR TEMPORARY DUTY PERFORMED DURING THE PERIOD JULY 24, 1955, TO JANUARY 12, 1956, PURSUANT TO ORDERS DATED MAY 20, 1955, LESS PAYMENT MADE ON VOUCHER NO. 6885 IN YOUR NOVEMBER 1955 ACCOUNTS.

YOU SAY THAT WHILE THE OFFICER WAS PAID A PARTIAL PAYMENT OF PER DIEM UNDER THE SAME ORDERS FOR THE PERIOD JULY 24 TO OCTOBER 29, 1955, IN THE AMOUNT OF $392 AS SHOWN ON VOUCHER NO. 6885, IN YOUR NOVEMBER 1955 ACCOUNTS, YOU NOW DOUBT WHETHER HE IS ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 1150-10B OF THE JOINT TRAVEL REGULATIONS, TO THE PAYMENT MADE ON THAT VOUCHER AND THE VOUCHER PRESENTLY UNDER CONSIDERATION. YOU ALSO ASK WHAT RIGHT LIEUTENANT NEATH HAS CONCERNING DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCE.

UNDER THE PROVISIONS OF BUREAU OF NAVAL PERSONNEL ORDERS DATED MAY 20, 1955, LIEUTENANT NEATH WAS DIRECTED TO ATTEND SEVERAL COURSES OF INSTRUCTION AS FOLLOWS:

"WHEN DIRECTED BY YOUR COMMANDING OFFICER ON OR ABOUT 1 JULY 1955 YOU WILL REGARD YOURSELF DETACHED FROM DUTY WITH PATROL SQUADRON TWENTY-FOUR, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDING OFFICE, NAVAL PHOTOGRAPHIC INTERPRETATION CENTER, NAVAL RECEIVING STATION, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT TWELVE WEEKS IN THE TACTICAL INTERPRETATION COURSE AND FOR A PERIOD OF ABOUT ONE WEEK IN THE RA COURSE.

"UPON COMPLETION OF THIS TEMPORARY DUTY AND WHEN DIRECTED BY YOUR COMMANDING OFFICER YOU WILL REGARD YOURSELF DETACHED; WILL PROCEED TO THE NAVAL AIR STATION, NORFOLK, VA., AND REPORT TO THE COMMANDING OFFICER, FLEET AIRBORNE ELECTRONICS TRAINING UNIT, ATLANTIC, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT TWO WEEKS IN THE RA COURSE.

"UPON COMPLETION OF THIS TEMPORARY DUTY AND WHEN DIRECTED BY YOUR COMMANDING OFFICER YOU WILL REGARD YOURSELF DETACHED; WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDING OFFICER, NAVAL PHOTOGRAPHIC INTERPRETATION CENTER, NAVAL RECEIVING STATION, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT TEN WEEKS IN THE RA COURSE.

"UPON COMPLETION OF THIS TEMPORARY DUTY AND WHEN DIRECTED BY YOUR COMMANDING OFFICER YOU WILL REGARD YOURSELF DETACHED; WILL PROCEED TO THE NAVAL AIR STATION, NORFOLK, VA., AND REPORT TO THE COMMANDER FLEET AIR WINGS, ATLANTIC FLEET, FOR DUTY ON HIS STAFF.'

THE RECORDS SHOW THAT THE OFFICER'S OLD PERMANENT DUTY STATION WAS PATROL SQUADRON TWENTY-FOUR, CHINCO TEAGUE, VIRGINIA. THE RECORDS FURTHER SHOW THAT THE OFFICER REPORTED AT WASHINGTON, D.C. JULY 23, 1955, AND WAS DETACHED OCTOBER 30, 1955; REPORTED AT NORFOLK, VIRGINIA, NOVEMBER 1, 1955, AND WAS DETACHED NOVEMBER 10, 1955; REPORTED AT WASHINGTON, D.C. NOVEMBER 13, 1955, AND WAS DETACHED JANUARY 13, 1956; AND THAT HE REPORTED TO THE COMMANDER, FLEET AIR WINGS, ATLANTIC FLEET, FOR DUTY ON ORDERS THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE FOR THE OFFICER. THE RECORD ALSO SHOWS THAT THE OFFICER WAS ON AUTHORIZED LEAVE AS FOLLOWS: JULY 11 TO 19, 1955; NOVEMBER 11 TO 12, 1955; AND DECEMBER 19, 1955, TO JANUARY 2, 1956. LIEUTENANT NEATH CERTIFIED THAT HIS WIFE TRAVELED FROM ATLANTIC, VIRGINIA, TO WASHINGTON, D.C., AND HE WAS PAID THE SUM OF $9.90 ON VOUCHER NO. 20158 IN JULY 1955 ACCOUNTS OF W. B. WINSHIP, REPRESENTING REIMBURSEMENT FOR SUCH TRAVEL FROM CHINCO TEAGUE, VIRGINIA, TO WASHINGTON, D.C. PURSUANT TO ORDERS DATED MAY 20, 1955.

WE HELD IN DECISION OF JUNE 23, 1953, 32 COMP. GEN. 569, AMPLIFIED AND AFFIRMED IN DECISIONS OF OCTOBER 8, 1954, B-115509, AND NOVEMBER 29, 1954, 34 COMP. GEN. 260, THAT UNDER THE PROVISIONS OF PARAGRAPH 1150-10B OF THE JOINT TRAVEL REGULATIONS, A MEMBER WHO WAS ASSIGNED TO TWO OR MORE PLACES AS A STUDENT FOR COURSES OF INSTRUCTION OF A TOTAL OF 20 WEEKS OR MORE, BUT LESS THAN 20 WEEKS' DURATION AT ANY ONE PLACE, WAS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE INCIDENT TO SUCH ASSIGNMENTS. WHILE IN THE PRESENT CASE THE COURSES OF INSTRUCTION AT WASHINGTON, D.C., WAS OF MORE THAN 20 WEEKS' DURATION--- WITH AN ABSENCE OF APPROXIMATELY 12 DAYS TEMPORARY DUTY WHILE AT NORFOLK, VIRGINIA--- THE ORDERS OF MAY 20, 1955, EXPRESSLY DESIGNATE THE NAVAL AIR STATION AT NORFOLK, VIRGINIA, AS THE ULTIMATE NEW DUTY STATION. SEE GENERALLY B- 125493, JANUARY 18, 1956. HENCE, UNDER THE ORDERS OF MAY 20, 1955, LIEUTENANT NEATH WAS RELEASED FROM HIS OLD DUTY STATION AT CHINCO TEAGUE, VIRGINIA, AND ASSIGNED TO HIS NEW DUTY STATION AT NORFOLK, VIRGINIA, WITH TEMPORARY DUTY EN ROUTE TO ATTEND THE SEVERAL COURSES OF INSTRUCTION. SINCE THE OFFICER'S NEW DUTY STATION IS NORFOLK, VIRGINIA, HE IS ENTITLED TO PER DIEM ONLY FOR THOSE PERIODS FOR TEMPORARY DUTY AND TRAVEL WHILE AT WASHINGTON, D.C. ON THAT BASIS, THE PRIOR PAYMENT OF PER DIEM FOR THE PERIOD JULY 24 TO OCTOBER 29, 1955, WHILE PERFORMING TEMPORARY DUTY AT WASHINGTON, D.C., APPEARS TO HAVE BEEN PROPER. HE IS NOT ENTITLED TO PER DIEM, HOWEVER, WHILE PERFORMING TEMPORARY DUTY AT NORFOLK, VIRGINIA, BECAUSE HE WAS NOT TRAVELING AWAY FROM HIS PERMANENT DUTY STATION (PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS), NOR IS HE ENTITLED TO PER DIEM DURING THE PERIOD DECEMBER 19, 1955, TO JANUARY 2, 1956, WHILE HE WAS ON AUTHORIZED LEAVE (PARAGRAPH 4201-3 OF THE JOINT TRAVEL REGULATIONS). ALSO, SINCE NORFOLK, VIRGINIA, IS THE OFFICER'S NEW DUTY STATION, HE IS ENTITLED TO REIMBURSEMENT OF HIS WIFE'S TRAVEL FROM CHINCO TEAGUE, VIRGINIA, TO WASHINGTON, D.C. NOT TO EXCEED THE COST FROM THE OLD DUTY STATION, CHINCO TEAGUE, VIRGINIA, TO HIS NEW DUTY STATION AT NORFOLK, VIRGINIA. HENCE, THE EXCESS COST PAID ON THE ABOVE VOUCHER NO. 20158 SHOULD BE RECOVERED FROM THE OFFICER. CONCERNING THE PAYMENT OF DISLOCATION ALLOWANCES, THE OFFICER WOULD BE ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS, TO A DISLOCATION ALLOWANCE WHEN HIS DEPENDENTS COMPLETE TRAVEL IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION FROM CHINCO TEAGUE, VIRGINIA, TO NORFOLK, VIRGINIA.

ACCORDINGLY, IF THE VOUCHER IS ADJUSTED TO COVER ONLY THOSE PERIODS OF TEMPORARY DUTY PERFORMED WHILE ATTENDING SCHOOL AT WASHINGTON, D.C., PAYMENT OF THE ADDITIONAL PER DIEM IS AUTHORIZED THEREON. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.