A-26025, APRIL 5, 1929, 8 COMP. GEN. 524

A-26025: Apr 5, 1929

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MILEAGE - TRANSPORTATION OF DEPENDENTS - NAVAL OFFICER GRANTED LEAVE WHILE CHANGING STATION WHERE AN OFFICER OF THE NAVY ON CHANGE OF STATION IS GRANTED A DELAY EN ROUTE TO COUNT AS LEAVE AND WHILE ON LEAVE THE ORDERS ARE MODIFIED. HE IS ENTITLED TO MILEAGE ONLY UNDER THE MODIFYING ORDER. RECEIVES ORDERS CHANGING THE PERMANENT STATION TO WHICH HE IS TO REPORT IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS ONLY FROM THE STATION FROM WHICH DETACHED TO THE LAST STATION TO WHICH ORDERED AND TO WHICH HE REPORTED. YOU WERE DETACHED FROM DUTY ON BOARD THE RECEIVING SHIP AT SAN FRANCISCO. WHILE YOU WERE ON LEAVE MODIFIED THAT PORTION OF YOUR ORDER OF JULY 19. YOU WERE PAID MILEAGE IN THE AMOUNT OF $81.74 UNDER THE ORDERS IN QUESTION FOR TRAVEL TO AND FROM SAN FRANCISCO.

A-26025, APRIL 5, 1929, 8 COMP. GEN. 524

MILEAGE - TRANSPORTATION OF DEPENDENTS - NAVAL OFFICER GRANTED LEAVE WHILE CHANGING STATION WHERE AN OFFICER OF THE NAVY ON CHANGE OF STATION IS GRANTED A DELAY EN ROUTE TO COUNT AS LEAVE AND WHILE ON LEAVE THE ORDERS ARE MODIFIED, HE IS ENTITLED TO MILEAGE ONLY UNDER THE MODIFYING ORDER. AN OFFICER OF THE NAVY DETACHED FROM ONE STATION AND ORDERED TO MAKE A PERMANENT CHANGE TO ANOTHER STATION WITH A DELAY COUNTED AS LEAVE GRANTED IN REPORTING THERETO WHO, WHILE ON LEAVE, RECEIVES ORDERS CHANGING THE PERMANENT STATION TO WHICH HE IS TO REPORT IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS ONLY FROM THE STATION FROM WHICH DETACHED TO THE LAST STATION TO WHICH ORDERED AND TO WHICH HE REPORTED.

ASSISTANT COMPTROLLER GENERAL GINN TO LIEUT. COMMANDER JAMES E. POTTER, UNITED STATES NAVY, APRIL 5, 1929:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0235601, OF DECEMBER 14, 1928, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR WIFE AND WHICH FOUND YOU INDEBTED TO THE UNITED STATES FOR MILEAGE ERRONEOUSLY PAID YOU IN THE AMOUNT OF $81.74; THE SAID CLAIM AND ERRONEOUS PAYMENT ARISING IN CONNECTION WITH TRAVEL OF YOUR WIFE AND YOURSELF FROM SAN FRANCISCO, CALIF., TO SAN DIEGO, CALIF., AND RETURN, INCIDENT TO ORDERS FOR CHANGE OF STATION, DATED JULY 19, 1928, AND AUGUST 13, 1928, RESPECTIVELY.

BY ORDERS OF JULY 19, 1928, YOU WERE DETACHED FROM DUTY ON BOARD THE RECEIVING SHIP AT SAN FRANCISCO, CALIF., AND DIRECTED TO PROCEED TO SAN DIEGO, CALIF., AND REPORT TO THE COMMANDANT OF THE ELEVENTH NAVAL DISTRICT FOR DUTY; THE ORDER AUTHORIZING DELAY FOR A PERIOD OF ONE MONTH IN REPORTING, SUCH DELAY TO COUNT AS LEAVE. THE ORDER OF AUGUST 13, 1928, ADDRESSED TO YOU AT LONG BEACH, CALIF., WHILE YOU WERE ON LEAVE MODIFIED THAT PORTION OF YOUR ORDER OF JULY 19, 1928, DIRECTING YOU TO REPORT TO SAN DIEGO, CALIF., AND ORDERED YOU TO REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIF., FOR DUTY ON THE RECEIVING SHIP AT SAN FRANCISCO, CALIF., INSTEAD OF REPORTING FOR DUTY AT THE UNITED STATES NAVAL HOSPITAL, SAN DIEGO, CALIF. THE FIRST INDORSEMENT ON THE ORDER OF AUGUST 13, 1928, DATED AUGUST 25, 1928, SHOWS YOU REPORTED ON THAT DATE AT DISTRICT HEADQUARTERS, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIF.

YOU WERE PAID MILEAGE IN THE AMOUNT OF $81.74 UNDER THE ORDERS IN QUESTION FOR TRAVEL TO AND FROM SAN FRANCISCO, CALIF., AND IT APPEARS THAT THE TRAVEL PERFORMED BY YOU AND YOUR DEPENDENT WAS BY PRIVATE AUTOMOBILE.

YOUR ORDERS OF JULY 19, 1928, ORDERING YOU TO REPORT AT SAN DIEGO, CALIF., AT THE EXPIRATION OF YOUR LEAVE, WERE SUBJECT TO MODIFICATION UNTIL EXECUTED BY YOU BY YOUR REPORTING FOR DUTY AT YOUR NEW STATION ON TERMINATION OF YOUR LEAVE. THE ORDER HAVING BEEN MODIFIED PRIOR TO THE TERMINATION OF YOUR LEAVE, THE TRAVEL PERFORMED BY YOU AND YOUR WIFE WAS INCIDENT TO THE LEAVE GRANTED YOU. THE MILEAGE LAW DOES NOT AUTHORIZE MILEAGE FOR PERSONAL TRAVEL ON LEAVE AND THE TRAVEL PERFORMED BY YOUR WIFE, ACCOMPANYING YOU WHILE ON LEAVE, IS NO BASIS FOR THE PAYMENT TO YOU OF THE COMMERCIAL COST OF HER TRANSPORTATION FOR SUCH TRAVEL. THE ORDERS OF AUGUST 13, 1928, HAVING ORDERED YOU TO SAN FRANCISCO, CALIF., AND HAVING MODIFIED THE PREVIOUS ORDERS FOR CHANGE OF STATION FROM SAN FRANCISCO, CALIF., THERE WAS NO CHANGE OF STATION NOR NECESSITY FOR TRAVEL EITHER BY YOURSELF OR YOUR WIFE INVOLVED AND, THEREFORE, NO RIGHT TO TRANSPORTATION OF YOUR DEPENDENT OR TO MILEAGE, IT BEING SETTLED THAT WHEN AN OFFICER IS GRANTED LEAVE OR AUTHORIZED TO DELAY EN ROUTE ON A PERMANENT CHANGE OF STATION, NO TRAVEL IS REQUIRED UNTIL TERMINATION OF THE LEAVE OR DELAY AND TRAVEL BY THE OFFICER AND/OR HIS DEPENDENT TO OR IN THE DIRECTION OF HIS NEW-DUTY STATION PRIOR TO TERMINATION OF SUCH AUTHORIZED LEAVE OR DELAY IS AT THE PERSONAL RISK OF THE OFFICER IN CASE HIS ORDERS ARE REVOKED OR MODIFIED, AND ANY INCONVENIENCE OR ADDITIONAL EXPENSE INVOLVED UNDER THE MODIFIED ORDERS BY REASON OF SUCH PREMATURE TRAVEL MUST BE BORNE BY THE OFFICER. 2 COMP. GEN. 638, 642; LT. COMDR. LODER'S CASE, A 10480, JULY 27, 1925, 47 MS. ID. 864; LT. COMDR. WINTER'S CASE, A 12964, FEBRUARY 25, 1926, 54 ID. 1141.