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B-184704 1 (1975-11-28)

handle is hein.gao/gaobaduuf0001 and id is 1 raw text is: r-L,,. THE COMPTROLLER GtNERAL DECISION OF THE UNITED STATES WASH INGTON, 0, C. 2 05.413 4 [TOV FILE: DATE: NOV 2 8 1975 E- 184704 MATTER OF: Lieutenant Commander IUSCGR DIGEST: Coast Guard Reserve officer residing in Bellevue, Washington, ordered to W2shington, D. C,, on special active duty for training for 120 days whose orders were contingent upon waiver of per diem, is held to have voluntarily waived per diem as permitted by regulations. Later amendment of original travel orders after duty performance was begun, to authorize per diem for first 30 days, and issuance of second set of orders intending no per diem for remaining 90 days may be given prospective effect only, beginning with the date the member had knowl- edge of the new orders. This action is in response to a communication dated July 1. 1975, from Lieutenant Commander , USCGR, $ in effect appealing the disallowance by our Transportation and Claims Division of his claim for per diem allowances for the period of March 25 to July 19, 1974, during wbich he was on special active duty for train- ing at Headquarters, United States Coast Guard, Washington, D, C. Orders dated March 13, 1974, from the Commander, Thirteenth Coast Guard District, Seattle, Washington, to Lieutenant Com- mander ., USCGE, at his home in Bellevue, Washing- ton, directed him to report not later than March 25, 1974, for special active duty for training for not to exceed 120 days at Coast Guard Headquarters, Washington, Do C. Those orders included a clear -statement that aeceptance of these orders is subject to waiver of per diem entitlement, The record indicates that those orders were the result of a background search by the Coast Guard, for a Reserve Officer with Commander qualifications who would accept such duty. Discussions apparently were held between Commander and Coast Guard officials long prior to the issuance of the orders. The record indicates that Commander stated that he needed orders for duty in excess of 90 days to insure his civilian employment security and that he agreed by telephone to the 120 days' active duty, In this regard the record includes a copy of a Request for Active Duty for training form dated January 21, 1974, which was signed by r am...

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