B-110786, SEP 10, 1952

B-110786, SEP 10, 1952

PRECIS-UNAVAILABLE

MR. MULLIGAN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 11, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 7, 1952, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO SHAWANO, WISCONSIN, LESS THE SUM OF 22.80 RECEIVED AS MILEAGE FOR TRAVEL FROM SHAWANO, WISCONSIN, TO GREAT LAKES, ILLINOIS, AND RETURN, WHILE SERVING AS LIEUTENANT, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED SEPTEMBER 23, 1951, COMMANDER AMPHIBIOUS GROUP ONE, UNITED STATES PACIFIC FLEET, YOU WERE GRANTED 25 DAYS' EMERGENCY LEAVE TO COMMENCE ON YOUR ARRIVAL IN THE UNITED STATES, UPON EXPIRATION OF WHICH YOU WERE TO REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA, FOR TRANSPORTATION TO THE PORT IN WHICH THE COMMANDER, AMPHIBIOUS GROUP ONE MAY BE, IT BEING SHOWN IN SAID ORDERS THAT YOUR ADDRESS ON LEAVE WAS ROUTE 2, SHAWANO, WISCONSIN. BY ORDER DATED OCTOBER 13, 1951, ADDRESSED TO YOU AT SHAWANO, YOU WERE DETACHED FROM DUTY WITH AMPHIBIOUS GROUP ONE AND DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, U. S. NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. IT IS INDICATED THAT THAT CHANGE IN YOUR ORDERS WAS ANTICIPATED BY YOU AND, OF COURSE, RELIEVED YOU OF THE NECESSITY OF RETURNING TO CALIFORNIA AT PERSONAL EXPENSE. BY ORDERS DATED OCTOBER 18, 1951, YOU WERE RELEASED FROM ALL ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME, SHAWANO, WISCONSIN. ON OCTOBER 22, 1951, YOU WERE PAID 22.80 AS MILEAGE FOR YOUR TRAVEL FROM SHAWANO TO GREAT LAKES AND RETURN. YOUR CLAIM FOR ADDITIONAL MILEAGE BASED ON TRAVEL FROM SAN FRANCISCO TO SHAWANO LESS THE SUM OF 22.80 WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN YOUR REQUEST FOR REVIEW YOU STATE THAT BY EXPEDITING YOUR REQUEST FOR RELEASE WHILE ON LEAVE YOU SAVED THE NAVY THE EXPENSE OF SENDING YOU FROM SAN FRANCISCO TO THE FAR EAST TO REJOIN YOUR COMMAND. THEREFORE, YOU FEEL THAT YOU ARE MORALLY, IF NOT TECHNICALLY, ENTITLED TO THE MILEAGE CLAIMED.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES, INTER ALIA, 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 UPON A CHANGE OF PERMANENT STATION AND FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO MAKE NO PROVISION FOR THE PAYMENT OF MILEAGE FOR TRAVEL WHILE ON LEAVE. PARAGRAPH 4153 THEREOF SPECIFICALLY PROVIDES (CASE 14) THAT WHEN THE STATION OF A MEMBER IS CHANGED WHILE HE IS ON LEAVE HE WILL BE ENTITLED TO MILEAGE FROM THE PLACE WHERE HE RECEIVED THE ORDERS TO THE NEW STATION NOT TO EXCEED THE COST FROM THE OLD STATION TO TNE NEW, AND (CASE 9) THAT A MEMBER WHO IS RELIEVED FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD. HENCE, UNDER THE LAW AND REGULATIONS YOU WERE ENTITLED TO RECEIVE DID RECEIVE MILEAGE FROM SHAWANO, WISCONSIN TO GREAT LAKES, ILLINOIS, AND RETURN. HOWEVER, THERE IS NO LEGAL BASIS FOR PAYMENT OF MILEAGE FOR YOUR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO SHAWANO, WISCONSIN, IN A LEAVE STATUS.

ACCORDINGLY, THE SETTLEMENT OF MAY 7, 1952, IS CORRECT AND MUST BE SUSTAINED.