A-17891, APRIL 29, 1927, 6 COMP. GEN. 702

A-17891: Apr 29, 1927

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MILEAGE - NAVAL OFFICER PERFORMING TEMPORARY DUTY WHILE ON LEAVE OF ABSENCE WHERE AN OFFICER OF THE NAVY WAS GRANTED 45 DAYS' LEAVE OF ABSENCE. WHILE ON SAID LEAVE AND ABOUT THE TIME IT WAS NECESSARY FOR HIM TO RETURN TO HIS PROPER STATION. HE WAS DIRECTED TO PERFORM CERTAIN TEMPORARY DUTY WHICH NECESSITATED TRAVEL IN ADDITION TO THAT NECESSARY TO RETURN TO HIS STATION. PAYMENT OF MILEAGE FOR THE ADDITIONAL TRAVEL INCIDENT TO THE TEMPORARY DUTY IS AUTHORIZED. CLAIMANT WAS GRANTED 45 DAYS' LEAVE OF ABSENCE. YOU WILL CONSIDER THE UNEXPIRED PORTION OF YOUR LEAVE OF ABSENCE CANCELED. 2. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF YOU WILL RETURN TO WASHINGTON.

A-17891, APRIL 29, 1927, 6 COMP. GEN. 702

MILEAGE - NAVAL OFFICER PERFORMING TEMPORARY DUTY WHILE ON LEAVE OF ABSENCE WHERE AN OFFICER OF THE NAVY WAS GRANTED 45 DAYS' LEAVE OF ABSENCE, AND WHILE ON SAID LEAVE AND ABOUT THE TIME IT WAS NECESSARY FOR HIM TO RETURN TO HIS PROPER STATION, HE WAS DIRECTED TO PERFORM CERTAIN TEMPORARY DUTY WHICH NECESSITATED TRAVEL IN ADDITION TO THAT NECESSARY TO RETURN TO HIS STATION, PAYMENT OF MILEAGE FOR THE ADDITIONAL TRAVEL INCIDENT TO THE TEMPORARY DUTY IS AUTHORIZED.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 29, 1927:

COMMANDER HARRY E. COLLINS (S.C.), UNITED STATES NAVY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 0130958, DATED DECEMBER 18, 1926, ALLOWING $5.92 ON ACCOUNT OF HIS CLAIM FOR MILEAGE FOR TRAVEL PERFORMED FROM SAN FRANCISCO, CALIF., TO SALT LAKE CITY, UTAH, THENCE TO WASHINGTON, D.C., DURING AUGUST, 1926.

WHILE STATIONED AT WASHINGTON, D.C., CLAIMANT WAS GRANTED 45 DAYS' LEAVE OF ABSENCE, BEGINNING ON JULY 6, 1926, OF WHICH HE AVAILED HIMSELF AND PROCEEDED TO SAN FRANCISCO, CALIF., WHERE HE LATER RECEIVED ORDERS AUGUST 9, 1926, FROM THE BUREAU OF NAVIGATION, CONFIRMING DISPATCH OF JULY 23, 1926, AS FOLLOWS: FROM: BUREAU OF NAVIGATION. TO: COMMANDER HARRY E. COLLINS (S.C.) U.S.N., CARE OF MR. I. L. BORDEN, 417 MONTGOMERY STREET, SAN FRANCISCO, CAL. SUBJECT: UNEXPIRED PORTION OF LEAVE CANCELED; TEMPORARY ADDITIONAL DUTY.

1. ON 17 AUGUST, 1926, YOU WILL CONSIDER THE UNEXPIRED PORTION OF YOUR LEAVE OF ABSENCE CANCELED.

2. PROCEED IMMEDIATELY TO OGDEN, UTAH, OR SALT LAKE CITY, UTAH, AS MAY BE NECESSARY REPORTING TO THE UNITED STATES DISTRICT ATTORNEY, FOR TEMPORARY DUTY FOR THE PURPOSE OF TAKING DEPOSITION OF THE CASE OF THE UNITED STATES VERSUS OGDEN STATE BANK INVOLVING THE DEPOSIT OF UNITED STATES FUNDS THEREIN BY ONE E. R. BROWN.

3. THIS IS IN ADDITION TO YOUR PRESENT DUTIES AND UPON THE COMPLETION THEREOF YOU WILL RETURN TO WASHINGTON, D.C., AND RESUME YOUR REGULAR DUTIES.

(CONFIRMING DES OF 7/22/26.)

(S) W. R. SHOEMAKER.

SUCH TEMPORARY DUTY WAS STATED TO BE IN ADDITION TO HIS PRESENT DUTIES AT WASHINGTON, D.C., TO WHICH HE WAS TO RETURN UPON COMPLETION. HE LEFT SAN FRANCISCO AUGUST 16, 1926, ONE DAY PRIOR TO THE DATE STATED IN THE ABOVE ORDERS, ARRIVED AT SALT LAKE CITY AUGUST 17, 1926, LEFT THE LATTER PLACE AUGUST 21, 1926, AND ARRIVED AT WASHINGTON AUGUST 24, 1926, FOUR DAYS AFTER HE WOULD HAVE BEEN REQUIRED TO REPORT HAD IT NOT BEEN FOR HIS TEMPORARY DUTY ASSIGNMENT.

WHEN CLAIMANT REQUESTED AND WAS GRANTED THE LEAVE OF ABSENCE HE WAS REQUIRED TO RETURN TO HIS DUTY STATION AT HIS OWN EXPENSE. TO REPORT BACK TO DUTY TO HIS PERMANENT STATION AT THE EXPIRATION OF HIS LEAVE IT WOULD HAVE BEEN NECESSARY TO LEAVE SAN FRANCISCO NOT LATER THAN AUGUST 16, 1926.

THE LINES OVER WHICH THE TRAVEL WAS ACCOMPLISHED ARE NOT STATED, BUT UNDER TARIFFS IN EFFECT AT THAT TIME A TICKET COULD HAVE BEEN PROCURED ROUTING THE TRAVEL THROUGH OGDEN AND SALT LAKE CITY, WITH A 10-DAY STOP- OVER PRIVILEGE AT EITHER OR BOTH PLACES, WITHOUT ADDITIONAL CHARGE.

THE SETTLEMENT ALLOWED MILEAGE FROM OGDEN TO SALT LAKE CITY AND RETURN, 74 MILES, AT 8 CENTS PER MILE, ON THE BASIS THAT THE SHORTEST USUALLY TRAVELED ROUTE IS VIA OGDEN, THENCE EAST OVER THE UNION PACIFIC RAILROAD, AND THAT THE TRAVEL FROM OGDEN TO SALT LAKE CITY AND RETURN WAS ADDITIONAL TRAVEL INCIDENT TO HIS ORDERS DIRECTING TEMPORARY DUTY AT SALT LAKE CITY.

THE TIME OF PERFORMANCE OF THIS TEMPORARY DUTY COINCIDED WITH THE EXPIRATION OF HIS USABLE LEAVE AT SAN FRANCISCO AND PURPORTED TO REQUIRE TRAVEL WHEN IT WAS INCUMBENT UPON HIM TO PROCEED, AT THAT TIME, FROM SAN FRANCISCO TO WASHINGTON WITHOUT EXPENSE TO THE GOVERNMENT, AND THE ORDER CANCELING HIS LEAVE IMPOSED NO DUTY INCONSISTENT WITH HIS LEAVE SO AS TO DEPRIVE HIM OF ITS ENJOYMENT, BUT OPERATED TO GRANT TO HIM TRAVEL TIME FROM LEAVE OF ABSENCE NOT CHARGEABLE AS LEAVE. ASSUMING THAT THE TEMPORARY DUTY ENJOINED NECESSITATED ADDITIONAL TRAVEL FROM OGDEN TO SALT LAKE CITY AND RETURN, THE PAYMENT OF MILEAGE AS ALLOWED BY THE SETTLEMENT IS CORRECT AND NO FURTHER PAYMENT IS LEGALLY DUE CLAIMANT.