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B-140908, OCT. 16, 1959

B-140908 Oct 16, 1959
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J. AGUILAR: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16. YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 117 DAYS TO CAMP DRUM. YOU WERE DIRECTED TO PROCEED ON OR ABOUT MAY 13. YOU WERE AUTHORIZED 15 DAYS' DELAY CHARGEABLE AS LEAVE PRIOR TO REPORTING AT CAMP DRUM. AUTHORIZATION FOR YOUR TEMPORARY DUTY AT CAMP DRUM WAS REVOKED. YOU SAY THAT AFTER ARRIVING AT BUFFALO YOU CALLED YOUR FATHER AT YOUNGSTOWN AND WERE ADVISED BY SERGEANT GEORGE P. WHO WAS THERE AWAITING YOUR CALL. ON THE BASIS OF THAT INFORMATION YOU RETURNED TO FORT LEWIS AND WERE INFORMED THAT IT WOULD BE NECESSARY FOR YOU TO REFUND THE $297 RECEIVED AS ADVANCE TRAVEL PAYMENT. NO PROVISION IS MADE FOR THE PAYMENT OF MILEAGE OR OTHER TRAVEL ALLOWANCES INCIDENT TO LEAVE.

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B-140908, OCT. 16, 1959

TO SERGEANT ERNEST I. J. AGUILAR:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16, 1959, REQUESTING REVIEW OF SETTLEMENT OF AUGUST 27, 1959, DISALLOWING YOUR CLAIM FOR TRAVEL ALLOWANCES FROM FORT LEWIS, WASHINGTON, TO CAMP DRUM, NEW YORK, AND RETURN, DURING THE PERIOD MAY 13 TO MAY 29, 1959.

BY LETTER ORDERS 5-2, DATED MAY 2, 1959, HEADQUARTERS, FOURTH INFANTRY DIVISION, FORT LEWIS, WASHINGTON, YOU WERE PLACED ON TEMPORARY DUTY FOR APPROXIMATELY 117 DAYS TO CAMP DRUM, NEW YORK, DURING THE PERIOD JUNE 1 TO SEPTEMBER 25, 1959. YOU WERE DIRECTED TO PROCEED ON OR ABOUT MAY 13, 1959, REPORTING NOT LATER THAN MAY 31, 1959. YOU WERE AUTHORIZED 15 DAYS' DELAY CHARGEABLE AS LEAVE PRIOR TO REPORTING AT CAMP DRUM. BY ACTION OF THE COMMANDING GENERAL, FOURTH INFANTRY DIVISION, FORT LEWIS, WASHINGTON, ON MAY 16, 1959, AUTHORIZATION FOR YOUR TEMPORARY DUTY AT CAMP DRUM WAS REVOKED.

IT APPEARS THAT YOU DEPARTED FORT LEWIS BY PRIVATELY OWNED VEHICLE, AS AUTHORIZED, ON MAY 13, 1959, TRAVELLED TO YOUR HOME IN YOUNGSTOWN, OHIO, AND SUBSEQUENTLY TO CAMP DRUM. THE ITINERARY OF YOUR TRAVEL SHOWS THAT YOU ARRIVED AT CAMP DRUM AT 0930 ON MAY 23, 1959, DEPARTED FROM THERE AT 1200, ARRIVED AT BUFFALO, NEW YORK, AT 1700 AND AT YOUNGSTOWN, OHIO, AT 2300 ON THE SAME DAY. YOU DEPARTED FROM YOUNGSTOWN ON MAY 25 AND ARRIVED AT FORT LEWIS ON MAY 28, 1959. YOU SAY THAT AFTER ARRIVING AT BUFFALO YOU CALLED YOUR FATHER AT YOUNGSTOWN AND WERE ADVISED BY SERGEANT GEORGE P. BRUMMIT, WHO WAS THERE AWAITING YOUR CALL, THAT HE HAD RECEIVED A TELEGRAM STATING THAT THE ORDERS PLACING YOU AND HIM ON TEMPORARY DUTY AT CAMP DRUM HAD BEEN REVOKED. ON THE BASIS OF THAT INFORMATION YOU RETURNED TO FORT LEWIS AND WERE INFORMED THAT IT WOULD BE NECESSARY FOR YOU TO REFUND THE $297 RECEIVED AS ADVANCE TRAVEL PAYMENT. YOUR CLAIM FOR TRAVEL EXPENSE INCLUDES PER DIEM FOR SIX DAYS AT $9 PER DAY, PLUS MILEAGE FOR 5,928 MILES (FORT LEWIS, WASHINGTON, TO CAMP DRUM, NEW YORK, AND RETURN), AT FIVE CENTS PER MILE, TOTALING $350.40.

SUBSECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. NO PROVISION IS MADE FOR THE PAYMENT OF MILEAGE OR OTHER TRAVEL ALLOWANCES INCIDENT TO LEAVE. PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE ABOVE AUTHORITY, PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

THIS OFFICE HAS HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS, EITHER OF A PERMANENT OR TEMPORARY NATURE, UNTIL SUCH TIME AS THE MEMBER IS REQUIRED TO DEPART THE OLD STATION BY ORDINARY MEANS OF COMMERCIAL TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS NEW STATION ON THE DATE REQUIRED BY HIS TRAVEL ORDERS. IN SITUATIONS WHERE A MEMBER IS GRANTED LEAVE OR OTHERWISE AUTHORIZED DELAY IN PERFORMANCE OF TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND THE EXPENSES OF SUCH TRAVEL MUST BE BORNE BY THE MEMBER CONCERNED AS ORDINARY LEAVE EXPENSE. 33 COMP. GEN. 289; 9 I.D. 315; 8 ID. 524.

IT IS CLEAR THAT THE FACTS PRESENTED BY THE RECORD ARE SIMILAR TO THOSE CONSIDERED IN THE CITED DECISIONS. YOU WOULD NOT HAVE BEEN REQUIRED TO DEPART FROM FORT LEWIS BY RAIL PRIOR TO MAY 27, 1959, TO ARRIVE AT CAMP DRUM ON MAY 31, 1959, AND, AS LETTER ORDERS 5-2 WERE REVOKED ON MAY 16, 1959, YOU WOULD HAVE RECEIVED NOTICE OF SUCH REVOCATION AT YOUR STATION PRIOR TO THE DATE OF YOUR REQUIRED DEPARTURE HAD YOU REMAINED THERE UNTIL THAT DATE. SINCE YOUR DEPARTURE FROM YOUR STATION PRIOR TO THE TIME OFFICIAL TRAVEL WAS REQUIRED WAS FOR PERSONAL REASONS, THERE IS NO AUTHORITY UNDER WHICH YOU MAY BE PAID TRAVEL ALLOWANCES FOR THE PERIOD MAY 13 TO MAY 29, 1959. THE TRAVEL EXPENSES INCURRED BY YOU DURING THE PERIOD INVOLVED MUST BE CONSIDERED AS EXPENSE INCIDENT TO YOUR LEAVE. THE SETTLEMENT OF AUGUST 27, 1959, IS SUSTAINED AS CORRECT.

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