B-142218, APR. 18, 1960

B-142218, APR. 18, 1960

TO THE SECRETARY OF THE NAVY:

OUR DEFENSE ACCOUNTING AND AUDITING DIVISION HAS DIRECTED OUR ATTENTION TO THE FACT THAT THERE MAY BE A MISUNDERSTANDING RELATIVE TO THE EXCEPTIONS TAKEN BY OUR NAVY AUDIT BRANCH AGAINST CERTAIN PAYMENTS MADE TO NAVAL PERSONNEL INCIDENT TO TEMPORARY DUTY PERFORMED IN CONNECTION WITH THE TRANSFER OF UNITED STATES NAVAL VESSELS TO FOREIGN GOVERNMENTS UNDER THE MILITARY ASSISTANCE PROGRAM.

AS REPRESENTATIVE OF THE EXCEPTIONS IN QUESTION, REFERENCE IS MADE TO THOSE TAKEN TO PER DIEM PAYMENTS MADE TO LIEUTENANT (JG)JOHN S. BREMAN, USN, FOR TEMPORARY DUTY PERFORMED DURING THE PERIOD MAY 16 TO JUNE 30, 1957, ON BOARD THE EX-U.S.S. DAVID W. TAYLOR (DD-551) AND TO CARL K. HOFFMAN, EMC, USN, FOR TEMPORARY DUTY PERFORMED DURING THE PERIOD JUNE 1 TO 7 AND JUNE 14 TO JULY 15, 1957, ON BOARD THE EX U.S.S. CAPPS (DD-550) WHILE ASSIGNED IN CONNECTION WITH THE TRANSFER OF THOSE VESSELS TO THE GOVERNMENT OF SPAIN. THE EXCEPTIONS WERE TAKEN ON THE BASIS THAT THE MEMBERS WERE PERFORMING DUTY ON BOARD GOVERNMENT VESSELS WITHIN THE MEANING OF PARAGRAPH 4250.8, JOINT TRAVEL REGULATIONS. SEE 38 COMP. GEN. 626.

RECONSIDERATION OF THE EXCEPTIONS IS REQUESTED ON THE BASIS THAT SINCE NEITHER QUARTERS NOR MESSING FACILITIES WERE AVAILABLE ON BOARD THE EX- U.S.S. DAVID W. TAYLOR OR THE EX-U.S.S. CAPPS, THE MEMBERS OF THE MOBILE TRAINING UNIT WERE REQUIRED TO OBTAIN ACCOMMODATIONS FROM COMMERCIAL SOURCES ASHORE. IT IS POINTED OUT THAT WHEN UNITED STATES NAVY VESSELS ARE DECOMMISSIONED, MEMBERS ASSIGNED THERETO ARE DETACHED, AND THEREFORE SHOULD NOT BE CONSIDERED ATTACHED TO THAT VESSEL DURING ANY SUBSEQUENT PERIOD OF TEMPORARY DUTY IN CONNECTION WITH THE TRAINING OF A FOREIGN CREW, AND THAT AT THE TIME OF COMMISSIONING OF AN EX-U.S. NAVY VESSEL, THE FOREIGN CREW ASSUMES FULL COMMAND RESPONSIBILITY AND UNITED STATES NAVY PERSONNEL ARE REQUIRED TO SECURE LODGING AND SUBSISTENCE ASHORE, GOING ON BOARD SUCH VESSELS ONLY DURING NORMAL WORKING HOURS. FURTHER, IT IS STATED, IN SUBSTANCE, THAT IN WORDING THE ORDERS ASSIGNING THESE MEMBERS TO DUTY ABOARD A VESSEL--- A DUTY ASSIGNMENT WHICH, BY ITS VERY NATURE, CARRIES WITH IT AN IMPLICATION THAT BERTHING AND MESSING FACILITIES WILL BE AVAILABLE-- NO COGNIZANCE WAS TAKEN THAT THE DUTY INVOLVED WAS ESSENTIALLY A SHORE BASED OPERATION SINCE, PRIOR TO OUR DECISION OF MARCH 25, 1959, B-138332, 38 COMP. GEN. 626, IT WAS SUPPOSED THAT THE USUAL CERTIFICATE AS TO THE NONAVAILABILITY OF QUARTERS AND/OR MESSING FACILITIES WOULD BE ADEQUATE TO SUPPORT THE PAYMENT OF PER DIEM. FOR THESE REASONS YOU CONSIDER THAT OUR DECISION IN 38 COMP. GEN. 626, IS NOT APPLICABLE TO MEMBERS OF MOBILE TRAINING COMMAND SO ASSIGNED.

IN OUR DECISION OF MARCH 25, 1959, 38 COMP. GEN. 626, WE CONSIDERED EXCEPTIONS TAKEN TO PER DIEM PAYMENTS MADE TO COMMANDER MAURICE D. CALLAHAN, USN, AND ROGER W. CREECH, BM-1, USN, FOR TEMPORARY DUTY PERFORMED DURING THE PERIOD FEBRUARY 1 TO MARCH 30, 1958, UNDER ORDERS ASSIGNING THEM TO DUTY ON BOARD THE EX-U.S.S. ANTHONY IN CONNECTION WITH THE TRANSFER OF THAT VESSEL TO THE NAVY OF THE FEDERAL REPUBLIC OF GERMANY. IT WAS STATED THERE THAT THE OFFICERS AND ENLISTED MEN ON ASSIGNMENTS OF THIS TYPE ARE FURNISHED QUARTERS WITHOUT CHARGE BY THE FOREIGN GOVERNMENT BUT THAT THEY ARE CHARGED FOR SUBSISTENCE. IN THOSE CIRCUMSTANCES, WE HELD THAT PER DIEM PAYMENTS WERE NOT PROPER BUT THAT ENLISTED MEN WERE ENTITLED TO CREDIT FOR BASIC ALLOWANCE FOR SUBSISTENCE. SINCE THE ORDERS AND THE CIRCUMSTANCES INVOLVING LIEUTENANT BRENNAN AND CARL K. HOFFMAN WERE SUBSTANTIALLY THE SAME AS IN THE CASE OF COMMANDER CALLAHAN AND ROGER W. CREECH, IT WAS ASSUMED THAT THEY TOO WERE FURNISHED QUARTERS. HOWEVER, SINCE THE RECORD NOW SHOWS THAT THEY WERE NOT FURNISHED QUARTERS AND SUBSISTENCE ON THE VESSELS OR AT NAVY SHORE INSTALLATIONS, THE PER DIEM PAYMENTS MADE TO LIEUTENANT BRENNAN AND CARL H. HOFFMAN AND OTHER MEMBERS ASSIGNED TO DUTY ON THOSE VESSELS WILL NOT BE FURTHER QUESTIONED EXCEPT AS TO ANY SEA DUTY PAY WHICH MAY HAVE BEEN CREDITED TO MR. HOFFMAN FOR THE PERIOD INVOLVED. EXCEPTIONS TAKEN TO PER DIEM PAYMENTS TO MEMBERS PERFORMING TEMPORARY DUTY ON OTHER VESSELS WHO WERE NOT FURNISHED QUARTERS AND SUBSISTENCE WILL BE RECONSIDERED UPON RECEIPT OF OFFICIAL INFORMATION THAT THEY WERE NOT IN FACT FURNISHED SUCH QUARTERS AND SUBSISTENCE.

HEREAFTER, PER DIEM PAYMENTS MADE TO MEMBERS WHO ARE ASSIGNED TO VESSELS LOANED TO FOREIGN GOVERNMENTS AND WHO ARE NOT FURNISHED QUARTERS AND SUBSISTENCE ON BOARD SUCH VESSELS WILL NOT BE QUESTIONED, IF OTHERWISE CORRECT, PROVIDED THE ORDERS, OR APPROPRIATE INDORSEMENTS THEREON, CLEARLY SHOW THAT THE DUTY ABOARD THE VESSEL IS TO BE, OR WAS, LIMITED WITH NO QUARTERS AND/OR SUBSISTENCE AVAILABLE OR FURNISHED.