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B-207840 1 (1983-01-10)

handle is hein.gao/gaobadkux0001 and id is 1 raw text is: 
                   ~ '~.THE COMPTROLLER GENERAL -
   OECISION                OF THE UNIT       O STATES
                           WASHINGTON. 0. C. 20548




   FILE:   B-207840              DATE: January 10, 1983

   MATTER OF: Lieutenant Colonel John A.
                 Swallow, USAR, Retired

   DIGEST:

       Army Reserve member ordered to active duty
       with his consent for a period of more than
       20 weeks at the same location is at his
       permanent duty station and not entitled to
       per diem while there. The per diem pay-
       ments he received for several periods of
       temporary duty at locations other than the
       permanent duty station are all the per diem
       he was entitled to receive.

     Lieutenant Colonel John A. Swallow, USAR, Retired,
requests reconsideration of our Claims Division's March 12,
1971 denial of his claim for per diem for the period Octo-
ber 11, 1968, through June 30, 1969. The claim was disal-
lowed since members of the Reserve components called to
active duty for a period of 20 or more weeks are considered
to be at their permanent duty station while at the station
to which assigned, and no per diem is payable for this
period of active duty except when they are away from such
permanent station on temporary duty as evidenced by
competent orders. The denial is sustained.

     Colonel Swallow was ordered to active duty with his
consent by Letter Order No. A-10-570, U.S. Army Administra-
tion Center, St. Louis, Missouri, dated October 21, 1968,
for the period October 11, 1968, to on or about June 28,
1969. Following an initial assignment to Fort Sheridan,
Illinois, to which he was not authorized travel, he was
assigned to U.S. Army Advisory Group (USAR), Fort Benjamin
Harrison, Indiana, with duty station at USAR Center,
Saginaw, Michigan. His orders also specified that he was
not entitled to movement of household goods or travel of
dependents while on this tour of active duty.

     Colonel Swallow based his claim originally on grounds
that he should be paid per diem while on duty because his
dependents were not authorized to accompany him to his duty
station. In his request for reconsideration of the dis-
allowance, he contends that he was required to rent quarters
and live on the civilian economy because Government quarters






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