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B-210970 1 (1983-10-04)

handle is hein.gao/gaobadljf0001 and id is 1 raw text is: 01 t - #


                         THE COMPTROLLER GENERAL
DECISION             .   OF THE UNITED        STATES
                         WASHIN GTO N. 0.C. 20548




FILE:  B-210970               DATE: October 4, 1983

MATTER OF: Warrant Officer John W. Snapp, USMC


DIGEST:

  1. The Joint Travel Regulations provide that
      when a service member is ordered to
      attend courses of instruction at an
      installation for 20 weeks or more, that
      installation constitutes his permanent
      duty station. Thus, orders issued to a
      Marine which were intended to assign him
      to courses of instruction at Quantico,
      Virginia, for more than 20 weeks consti-
      tuted valid permanent change-of-station
      orders, and the assignment could not
      properly be classified as temporary duty
      on the basis that it might later be, dnd
      in fact was, curtailed to less than 20
      weeks.

  2. Legal rights and liabilities in regard to
      per diem and other travel allowances vest
      when the travel is performed under
      orders, and such orders if valid may not
      be canceled or modified retroactively to
      increase or decrease the rights which
      have become fixed under the applicable
      statutes and regulations. Consequently,
      if a service member completes a permanent
      change-of-station move under valid
      orders, those fully executed orders are
      not susceptible to cancellation upon the
      curtailment of the permanent assignment
      at a later date. Instead, the member's
      further reassignment upon his completion
      of the curtailed assignment could prop-
      erly be accomplished only through the
      issuance of new permanent change-of-
      station orders.

   3. Permanent change-of-station orders may be
      canceled at any time before the orders
      have been fully executed, that is, before
      all of the travel and transportation
      activities involved in the relocation


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