B-129291, OCT. 25, 1956

B-129291, OCT. 25, 1956

TO FIRST LIEUTENANT J. R. TAYLOR, DISBURSING OFFICER:

BY FIRST ENDORSEMENT OF SEPTEMBER 19, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF SEPTEMBER 12, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SERGEANT JERRY P. JOHNSON, USMC, FOR PER DIEM AT THE RATE OF $1 PER DAY FOR DUTY PERFORMED DURING THE PERIOD JULY 19 TO AUGUST 20, 1956.

BY ORDERS DATED MAY 9, 1956, AS AMENDED BY ORDERS DATED JUNE 14, 1956, SERGEANT JOHNSON WAS RETURNED FROM HIS OVERSEAS DUTY STATION TO THE UNITED STATES AND ASSIGNED TO DUTY AT CAMP PENDLETON, CALIFORNIA, 30 DAYS' DELAY IN REPORTING AT CAMP PENDLETON BEING AUTHORIZED. ON JUNE 16, 1956, HE LEFT TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, AND ARRIVED AT CAMP PENDLETON ON JULY 18, 1956, WHERE HE REPORTED FOR DUTY ON THAT DATE. ORDERS DATED JULY 19, 1956, SIXTH ENDORSEMENT ON BASIC ORDERS, FROM THE COMMANDING GENERAL, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA, HE WAS DIRECTED TO FURTHER REPORT TO THE COMMANDING OFFICER, HEADQUARTERS BATTALION, AT THAT BASE, FOR TEMPORARY DUTY IN CONNECTION WITH ANNUAL MARKSMANSHIP REQUALIFICATION FOR A PERIOD OF ABOUT 20 DAYS, AND UPON COMPLETION OF SUCH DUTY TO PROCEED AND REPORT TO THE COMMANDING OFFICER, COLD WEATHER BATTALION, BRIDGEPORT, CALIFORNIA, FOR DUTY. EIGHTH ENDORSEMENT ON BASIC ORDERS DATED AUGUST 21, 1956, SHOWS THAT THE MEMBER'S TEMPORARY DUTY WAS COMPLETED ON THAT DATE, AND TENTH ENDORSEMENT DATED AUGUST 24, 1956, SHOWS THAT HE REPORTED FOR DUTY AT BRIDGEPORT, CALIFORNIA, ON AUGUST 23, 1956. THE SUBMITTED VOUCHER IS FOR PER DIEM AT THE RATE OF $1 PER DAY DURING THE PERIOD JULY 19 TO AUGUST 20, 1956, AND FOR MILEAGE FOR TRAVEL PERFORMED AT PERSONAL EXPENSE FROM SAN FRANCISCO TO CAMP PENDLETON AND THENCE TO BRIDGEPORT, CALIFORNIA.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPH 3003-2, JOINT TRAVEL REGULATIONS, DEFINES THE TERM "TEMPORARY DUTY" AS DUTY AT A LOCATION "OTHER THAN A PERMANENT STATION" TO WHICH A MEMBER OF THE UNIFORMED SERVICES IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD STATION. PARAGRAPH 3050 OF THE SAME REGULATIONS PROVIDES THAT MEMBERS OF THE ARMED FORCES 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, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.

WHILE THE DUTY UNDER INSTRUCTION TO WHICH SERGEANT JOHNSON WAS ASSIGNED BY THE ORDERS OF JULY 19, 1956, WAS OF A TEMPORARY NATURE IT WAS PERFORMED AT HIS PERMANENT STATION, CAMP PENDLETON, CALIFORNIA. SINCE CAMP PENDLETON WAS HIS PERMANENT STATION FROM THE DATE OF HIS REPORTING THERE ON JULY 18, 1956, UNTIL HE LEFT THAT PLACE IN A TRAVEL STATUS, NO AUTHORITY EXISTS UNDER THE APPLICABLE STATUTE AND REGULATIONS FOR PAYMENT TO HIM OF PER DIEM DURING THE PERIOD HERE INVOLVED. ACCORDINGLY, PAYMENT OF PER DIEM FOR THE PERIOD JULY 19 TO AUGUST 20, 1956, IS NOT AUTHORIZED. HE IS, HOWEVER, ENTITLED TO MILEAGE FOR HIS TRAVEL AT PERSONAL EXPENSE FROM SAN FRANCISCO TO CAMP ..END :