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B-189601 1 (1977-12-30)

handle is hein.gao/gaobadfmi0001 and id is 1 raw text is: OECISION FILE: B-189601 MATTER OF: -2lu J ~THE COMPTROLLER GENERAL OF THE UNITED STATEB J WASHINGTON, D.C. 2qo4S t07 LNITID DEC 5 0 1977 DATE: Lieutenant Commander Joseph MV. Browne, USN DIGEST: Member who receives orders for temporary duty at the same location as his permanent duty station, is not entitled to per diem allowances during such temporary duty assign- ment even though he is required to vacate Government family housing during such temporary duty because the assignment did not involve departure from the permanent duty station and thus he did not enter into a travel status. Paragraph M4201-5. I JTR, may hot be amended to provide for such payment since 37 U.S. C. 404(a) does not authorize payment of per diem when a member has not entered a travel status. This action is in response to a letter, with enclosures, dated June 6, 1977, from the Disbursing Officer, USS Julius A. Furer (FFG-6), forwarded by the Chief of Naval Personnel, requesting an advance decision as to the legality of payment on a voucher I**iI* Lieutenant Commander Joseph M. Browne, USN, for per diem allowances in connection with a period of temporary duty performed at his permanent duty station. The request was forwarded by the Per Diem, Travel and Transportation Allowance Committee and assigned Control No. 77-23. It is indicated that the circumstances applicable to Commander Browne are also applicable to several other naval officers. The question presented is whether travel per diem may be paid to a member of the uniformed services after he completes a period of training in permanent duty status and is assigned to a further short period of training at the same place based on the fact that he is required to vacate Government family housing which had been assigned to him prior to completion of the short period of training. Commander Browne was permanently assigned to the Naval War College at Newport, Rhode Island, where he occupied student family housing (Government quarters). In June 1976 he was detached from the War College and ordered to the Surface Warfare School, Newport, Rhode Island, prior to reporting to permanent duty aboard the USS Furer. Inasmuch as incoming students for the next class at the War College required student family housing assignments, the

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