B-135428, JUN. 2, 1958

B-135428, JUN. 2, 1958

TO MAJOR J. D. MURFIELD, DIRECTOR, ACCOUNTING AND FINANCE, UNITED STATES AIR FORCE ACADEMY:

BY LETTER DATED MARCH 3, 1958, THE DIRECTORATE OF ACCOUNTING AND FINANCE FORWARDED YOUR LETTER OF FEBRUARY 6, 1958, AND ACCOMPANYING PAPERS, TO US REQUESTING A DECISION WHETHER CADET VICTOR H. BOUQUET, JR., MAY BE REIMBURSED FOR TRAVEL EXPENSES INCURRED INCIDENT TO TEMPORARY DUTY ORDERS DATED NOVEMBER 6, 1957.

IT IS REPORTED THAT CADET BOUQUET INCURRED A PHYSICAL INJURY IN LINE OF DUTY AND AS A RESULT OF HOSPITALIZATION WAS ACADEMICALLY DEFICIENT. JULY 22, 1957, PURSUANT TO HIS REQUEST HE WAS GRANTED THREE DAYS' ORDINARY LEAVE TO RETURN TO HIS HOME WITH PERMISSION TO EXTEND HIS LEAVE AUTOMATICALLY. BY SPECIAL ORDERS NO. 71 DATED JULY 22, 1957, HE WAS PLACED ON ACADEMIC LEAVE WITHOUT PAY EFFECTIVE JULY 28, 1957, UNTIL JANUARY 23, 1958, WHEN HE WAS TO REPORT TO THE UNITED STATES AIR FORCE ACADEMY, DENVER, COLORADO, TO JOIN THE CLASS OF 1961. BY ORDERS DATED NOVEMBER 6, 1957, HE WAS DIRECTED TO PROCEED ON OR ABOUT NOVEMBER 27, 1957, FROM HIS LEAVE ADDRESS ON TEMPORARY DUTY FOR APPROXIMATELY FIVE DAYS TO LOWRY AIR FORCE BASE, DENVER, COLORADO, REPORTING TO THE FLIGHT SURGEON, UNITED STATES AIR FORCE ACADEMY, NOT LATER THAN NOVEMBER 29, 1957, FOR MEDICAL OBSERVATION AND TREATMENT. UPON CONCLUSION OF THE DUTY HE WAS DIRECTED TO RETURN TO HIS LEAVE ADDRESS.

CADET BOUQUET LEFT HIS HOME ON NOVEMBER 28, 1957, AND ARRIVED AT LOWRY AIR FORCE BASE, COLORADO, ON NOVEMBER 29, 1957. HE DEPARTED FROM THAT BASE ON DECEMBER 2, 1957, AND ARRIVED AT HIS HOME ON THE SAME DAY. HIS CLAIM IS FOR PER DIEM FOR THE PERIOD OF TRAVEL AND TEMPORARY DUTY AT THE ACADEMY.

PARAGRAPH 5001 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, AUTHORIZES PAYMENTS OF PER DIEM TO CADETS OR MIDSHIPMEN ON TEMPORARY DUTY AS PRESCRIBED FOR OFFICERS OF THE UNIFORMED SERVICES. PARAGRAPH 3050 OF THE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES, AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS,"WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' THE PARAGRAPH FURTHER PROVIDES THAT A TRAVEL STATUS WILL COMMENCE WITH DEPARTURE FROM THE PERMANENT DUTY STATION, AND TRAVEL TO AND FROM A HOSPITAL FOR OBSERVATION OR TREATMENT IS ENUMERATED AS ONE OF THE CONDITIONS UNDER WHICH SUCH A STATUS WILL EXIST. AS THE TERM IS DEFINED IN PARAGRAPH 1150-10, A MEMBER'S PERMANENT DUTY STATION IS THE POST OF DUTY OR OFFICIAL STATION WHERE ASSIGNED OR ATTACHED FOR OTHER THAN TEMPORARY OR TEMPORARY ADDITIONAL DUTY.

SINCE CADET BOUQUET WAS ENROLLED AS A CADET AT THE UNITED STATES AIR FORCE ACADEMY, THE ACADEMY MUST BE CONSIDERED AS HIS DESIGNATED POST OF DUTY OR PERMANENT STATION, AND SINCE PARAGRAPH 4201-4 OF THE TRAVEL REGULATIONS PROVIDES THAT PER DIEM IS NOT PAYABLE FOR TEMPORARY DUTY PERFORMED WITHIN THE LIMITS OF THE PERMANENT DUTY STATION, HE IS NOT ENTITLED TO PER DIEM FOR THE PERIOD WHILE AT THE ACADEMY.

REGARDING THE TRAVEL EN ROUTE TO AND FROM THE ACADEMY, IT IS NOTED THAT PARAGRAPH 6452 OF THE TRAVEL REGULATIONS PROVIDES THAT MEMBERS ON LEAVE WHO DEPART FROM THEIR OFFICIAL DUTY STATION DO SO AT THEIR OWN RISK, AND IF ORDERED TO RETURN FROM LEAVE TO THEIR OFFICIAL STATION FOR DUTY THEY MUST RETURN AT THEIR OWN EXPENSE. HOWEVER, SINCE THE ORDERS OF JULY 22, 1957, PLACED THE CADET ON ACADEMIC LEAVE WITHOUT PAY AT HIS HOME AND DIRECTED THAT HE REPORT AT THE ACADEMY NOT LATER THAN JANUARY 23, 1958, TO JOIN THE CLASS OF 1961, SUCH ACTION HAVING BEEN TAKEN BECAUSE HE WAS ACADEMICALLY DEFICIENT AS A RESULT OF AN INJURY SUSTAINED IN THE LINE OF DUTY, IT WOULD APPEAR THAT HE WAS PLACED IN SUCH STATUS PRIMARILY FOR THE CONVENIENCE OF THE GOVERNMENT. IN THESE CIRCUMSTANCES THE TRAVEL FROM HIS HOME TO THE ACADEMY PURSUANT TO THE ORDERS OF NOVEMBER 6, 1957, NEED NOT BE REGARDED AS TRAVEL FROM A LEAVE STATUS TO HIS OFFICIAL STATION FOR DUTY WITHIN THE CONTEMPLATION OF PARAGRAPH 6452.

ACCORDINGLY, CADET BOUQUET MAY BE CONSIDERED AS HAVING BEEN IN AN OFFICIAL TRAVEL STATUS WHILE PERFORMING THE TRAVEL INVOLVED TO AND FROM THE AIR FORCE ACADEMY AND MAY BE PAID PER DIEM IN THE PROPER AMOUNT FOR SUCH TRAVEL AWAY FROM HIS OFFICIAL STATION.

THE SUBMITTED VOUCHER IS ENCLOSED AND PAYMENT THEREON IS AUTHORIZED ON THE BASIS STATED ABOVE.