B-149507, AUG. 7, 1962

B-149507, AUG. 7, 1962

YOUR MILITARY SERVICE. ALSO, WE HAVE RECEIVED AN INQUIRY FROM THE HONORABLE LEVERETT SALTONSTALL, UNITED STATES SENATE, CONCERNING THE MATTER.

BY LETTER ORDER R-AD-465, HEADQUARTERS SIXTH UNITED STATES ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DATED APRIL 2, 1957, AS AMENDED BY LETTER ORDER R-AD-699 DATED JUNE 20, 1957, SAME HEADQUARTERS, YOU WERE THE ARMY. THE ORDERS SHOWED YOUR PERMANENT HOME ADDRESS AS 1735 PECK STREET, MUSKEGON, MICHIGAN, AND YOUR TEMPORARY ADDRESS AS 1024 POTRERO, APT. NO. 4, SAN FRANCISCO, CALIFORNIA, WHERE SUCH ORDER CALLING YOU TO ACTIVE DUTY APPARENTLY WAS RECEIVED. BY SPECIAL ORDERS NO. 168, HEADQUARTERS U.S. ARMY PERSONNEL CENTER, FORT HAMILTON, NEW YORK, DATED JUNE 17, 1959, YOU WERE RELEASED FROM DUTY AT THAT STATION AND AUTHORIZED TO TRAVEL TO YOUR HOME OF RECORD TO ARRIVE THERE NOT LATER THAN JUNE 27, 1959, AT WHICH TIME YOU WERE TO REVERT TO AN INACTIVE DUTY STATUS. THOSE MUSKEGON, MICHIGAN, STATED THAT THE PLACE FROM WHICH YOU ENTERED ON ACTIVE DUTY WAS SAN FRANCISCO, CALIFORNIA, AND PROVIDED A RELEASE FROM DUTY (SAN FRANCISCO). YOU WERE PAID A TRAVEL ALLOWANCE COMPUTED ON THE MILEAGE FROM YOUR LAST DUTY STATION TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY AND YOU WERE ALSO PAID ACTIVE DUTY PAY AND ALLOWANCES FOR THE 11 TRAVEL DAYS, JUNE 17 TO 27. OUR OFFICE TOOK AN EXCEPTION TO THE PAY AND ALLOWANCES PAID TO YOU IN EXCESS OF 3 DAYS' TRAVEL TIME BECAUSE THERE IS NO LEGAL BASIS TO AUTHORIZE ACTIVE DUTY PAY AND ALLOWANCES FOR THE TIME REQUIRED TO PERFORM TRAVEL IN EXCESS OF JUNE 19, 1959, YOU WERE ENTITLED TO PAY AND ALLOWANCES FOR 3 DAYS' TRAVEL TIME RATHER THAN 11 DAYS THUS RESULTING IN OVERPAYMENT OF PAY AND ALLOWANCES TO YOU IN THE AMOUNT OF $184.13 FOR THE PERIOD JUNE 20 TO 27, 1959.

YOU ASK FOR AN EXPLANATION AS TO WHY YOU ARE ENTITLED TO A TRAVEL ALLOWANCE FROM FORT HAMILTON, NEW YORK, TO SAN FRANCISCO, CALIFORNIA, ALSO ASK FOR AN EXPLANATION OF CERTAIN PROVISIONS OF THE ARMY REGULATIONS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, PROVIDE THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY UNDER CONDITIONS OTHER THAN THOSE STATED ELECT. HENCE, UNDER THAT AUTHORITY A MEMBER HAS A LEGAL RIGHT TO HOME OR TO THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY AND ACCORDINGLY YOU WERE PAID TRAVEL ALLOWANCE BASED ON THE OFFICIAL MILEAGE FROM YOUR LAST DUTY STATION TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. DUTY PAY FOR TRAVEL FROM AND TO THE MEMBER'S HOME. THE AUTHORITY FOR COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 232 (D), WHICH PROVIDES, IN PERTINENT PART THAT:

"* * * PROVIDED, THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES CALLED OR ORDERED TO EXTENDED ACTIVE DUTY IN EXCESS OF THIRTY DAYS, ACTIVE DUTY SHALL INCLUDE THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS * * *.'

THAT LAW MAKES NO REFERENCE TO PLACE FROM WHICH ORDERED TO ACTIVE DUTY. REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN 28, 1955, AND PROVIDE THAT ACTIVE DUTY SHALL INCLUDE ONLY THE TIME DUTY STATION TO "HOME.' IN OUR DECISION OF SEPTEMBER 8, 1954, B 120297, COPY ENCLOSED, IT WAS HELD THAT THE TERM "HOME" AS USED IN DUTY PAY AND ALLOWANCES FOR TIME REQUIRED TO TRAVEL TO AND FROM ACTIVE DUTY STATIONS UPON ENTERING AND LEAVING THE SERVICE, MEANS THE PLACE RECORDED AS HOME WHEN ORDERED TO ACTIVE DUTY AND THAT THERE IS NO LEGAL TO PERFORM TRAVEL, BY THE MODE OF TRANSPORTATION AUTHORIZED IN THE RECORD.

SECTION V OF ARMY REGULATIONS 37-104 CONTAINS INSTRUCTIONS ON THE PREPARATION OF FINAL MILITARY PAY VOUCHERS. PARAGRAPH 26-113B OF THOSE REGULATIONS, CITED BY YOU, MERELY STATES THAT THE POINT TO WHICH TRAVEL ALLOWANCE IS AUTHORIZED TO BE PAID WILL BE ENTERED ON THE VOUCHER SHOWING RESERVE COMPONENTS ENTITLED TO PAY AND ALLOWANCES FOR THE TIME REQUIRED TO TRAVEL "HOME" UPON RELEASE FROM ACTIVE DUTY, ITEM 6 (OF THE VOUCHER) WILL BE STATED THROUGH THE DATE FOR WHICH COMPUTATION OF PAY IS TO BE MADE. THERE IS NOTHING IN THOSE PARAGRAPHS, HOWEVER, TO INDICATE AN INTENTION THAT THE TERM "HOME" INCLUDES PLACE FROM WHICH ORDERED TO ACTIVE DUTY OR PROVIDING FOR A COMPUTATION OF ACTIVE DUTY PAY AND ALLOWANCES ON THE BASIS OF ANY PLACE OTHER THAN THE HOME OF RECORD. MICHIGAN, YOU WERE ENTITLED UNDER THE APPLICABLE PROVISIONS OF LAW AND REGULATIONS TO PAY AND ALLOWANCES ONLY FOR TRAVEL TIME FROM YOUR LAST DUTY STATION (FORT HAMILTON, NEW YORK) TO YOUR HOME OF RECORD, (MUSKEGON, MICHIGAN), OR 3 DAYS' TRAVEL TIME. SINCE YOU WERE PAID PAY AND ALLOWANCES FOR 11 DAYS' TRAVEL TIME COMPUTED ON THE BASIS OF THE TIME REQUIRED TO PERFORM TRAVEL FROM YOUR LAST DUTY STATION TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, YOU WERE OVERPAID PAY AND THE ACTION TAKEN ON YOUR INDEBTEDNESS IS SUSTAINED. YOU SHOULD REMIT THE AMOUNT OF SUCH INDEBTEDNESS AS PREVIOUSLY REQUESTED.