A-29983, JANUARY 6, 1930, 9 COMP. GEN. 269

A-29983: Jan 6, 1930

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MILEAGE - NAVY OFFICER THE RIGHT OF AN OFFICER OF THE NAVY TO MILEAGE AND TRAVEL EXPENSES IS FIXED BY LAW AND THE TERMS OF HIS ORDERS. REQUESTING DECISION AS TO THE MEASURE OF MILEAGE AND TRAVELING EXPENSES TO WHICH YOU ARE ENTITLED FOR TRAVEL PERFORMED UNDER ORDERS OF MAY 28. ARE AS FOLLOWS: FROM: BUREAU OF NAVIGATION. YOU WILL MAKE THE NECESSARY TRANSFERS TO THAT OFFICER. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU. WILL REPORT TO THE COMMANDANT. UPON THE COMPLETION OF THE SETTLEMENT OF YOUR ACCOUNTS YOU WILL REGARD YOURSELF DETACHED FROM ALL DUTY. WILL PROCEED TO NEW YORK. YOU ARE HEREBY AUTHORIZED TO DELAY UNTIL 1 SEPTEMBER. THIS DELAY WILL COUNT AS LEAVE. UPON THE COMMENCEMENT OF THE LEAVE YOU WILL IMMEDIATELY INFORM THIS BUREAU OF THE EXACT DATE.

A-29983, JANUARY 6, 1930, 9 COMP. GEN. 269

MILEAGE - NAVY OFFICER THE RIGHT OF AN OFFICER OF THE NAVY TO MILEAGE AND TRAVEL EXPENSES IS FIXED BY LAW AND THE TERMS OF HIS ORDERS, AND THAT RIGHT MAY NOT BE INCREASED BY REASON OF A PERMISSIVE DEVIATION FROM THE ORDERED ROUTE OF TRAVEL AND AN EARLIER REPORTING FOR DUTY AT THE NEW STATION.

COMPTROLLER GENERAL MCCARL TO LIEUT. M. A. ROGGENKAMP, UNITED STATES NAVY, JANUARY 6, 1930:

BY REFERENCE OF THE SECRETARY OF THE NAVY IN FOURTH INDORSEMENT OF DECEMBER 20, 1929, THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 23, 1929, REQUESTING DECISION AS TO THE MEASURE OF MILEAGE AND TRAVELING EXPENSES TO WHICH YOU ARE ENTITLED FOR TRAVEL PERFORMED UNDER ORDERS OF MAY 28, 1929, AND MODIFICATION THEREOF DATED JULY 16, 1929.

YOUR ORDERS OF MAY 28, 1929, ARE AS FOLLOWS:

FROM: BUREAU OF NAVIGATION.

TO: LIEUTENANT MATTHIAS A. ROGGENKAMP, SUPPLY CORPS, U.S.N., NAVY YARD, BOSTON, MASS.

VIA: COMMANDANT, FIRST NAVAL DISTRICT.

SUBJECT: CHANGE OF DUTY.

1. UPON THE REPORTING OF LIEUTENANT LESTER A. DYCKMAN, (S.C.), U.S.N. ON 1 JULY, 1929, YOU WILL MAKE THE NECESSARY TRANSFERS TO THAT OFFICER, AND REGARD YOURSELF DETACHED FROM DUTY AS OFFICER IN CHARGE, COMMISSARY STORE, NAVY YARD, BOSTON, MASS., AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; WILL REPORT TO THE COMMANDANT, FIRST NAVAL DISTRICT BOSTON, MASS., FOR DUTY IN CONNECTION WITH THE SETTLEMENT OF YOUR ACCOUNTS.

2. UPON THE COMPLETION OF THE SETTLEMENT OF YOUR ACCOUNTS YOU WILL REGARD YOURSELF DETACHED FROM ALL DUTY; WILL PROCEED TO NEW YORK, N. Y., AND REPORT TO THE COMMANDANT, THIRD NAVAL DISTRICT, SOUTH AND WHITEHALL STREETS FOR GOVERNMENT TRANSPORTATION TO A PORT ON THE PACIFIC COAST, AND UPON ARRIVAL, PROCEED AND REPORT TO THE COMMANDING OFFICER OF THE U.S.S. NEW MEXICO FOR DUTY AS ASSISTANT FOR DISBURSING AND ADDITIONAL DUTY AS ASSISTANT TO THE SUPPLY OFFICER AS THE RELIEF OF LIEUTENANT HARRY F. HAKE" (S.C.) U.S.N.

3. YOU ARE HEREBY AUTHORIZED TO DELAY UNTIL 1 SEPTEMBER, 1929, IN REPORTING TO THE COMMANDANT, THIRD NAVAL DISTRICT, IN OBEDIENCE TO THESE ORDERS.

4. KEEP THE BUREAU OF NAVIGATION ADVISED OF YOUR ADDRESS.

5. THIS DELAY WILL COUNT AS LEAVE. UPON THE COMMENCEMENT OF THE LEAVE YOU WILL IMMEDIATELY INFORM THIS BUREAU OF THE EXACT DATE, AND UPON THE EXPIRATION THEREOF YOU WILL RETURN THE ATTACHED FORM, GIVING THE DATES OF COMMENCEMENT AND EXPIRATION.

THE MODIFYING ORDERS OF JULY 16, 1929, AUTHORIZED YOU TO PROCEED TO SAN PEDRO, CALIF., OR TO ,SUCH PORT AS THE U.S.S. NEW MEXICO MAY BE," BY COMMERCIAL TRANSPORTATION INSTEAD OF AS DIRECTED IN THE ORDERS OF MAY 28, 1929, WITH THE UNDERSTANDING THAT YOU WOULD BE ENTITLED TO NO MILEAGE OR EXPENSES IN EXCESS OF THAT WHICH WOULD ACCRUE FOR TRAVEL AS DIRECTED IN BASIC ORDERS, AND DIRECTED THAT IF YOU DID NOT DESIRE TO BEAR THIS EXTRA EXPENSE, TO REGARD THE AUTHORIZATION AS REVOKED AND RETURN THE LETTER TO THE BUREAU OF NAVIGATION FOR CANCELLATION. IT APPEARS THAT YOU WERE DETACHED FROM THE NAVY YARD, BOSTON, MASS., ON JULY 15, 1929, AND REPORTED ON BOARD THE U.S.S. NEW MEXICO AT SAN PEDRO, CALIF., ON SEPTEMBER 30, 1929. THE EVIDENCE FURTHER SHOWS THAT ON AUGUST 16, 1929, ORDERS WERE ISSUED TO LIEUT. HARRY F. HAKE (S.C.), UNITED STATES NAVY ON THE U.S.S. NEW MEXICO, DIRECTING THAT OFFICER TO MAKE THE NECESSARY TRANSFERS OF PUBLIC FUNDS ON HAND AND ON DEPOSIT INCLUDING PUBLIC PROPERTY IN HIS POSSESSION, TO YOU ON OCTOBER 1, 1929. IT ALSO APPEARS THAT UNDER DATE OF OCTOBER 24, 1929, THE COMMANDANT OF THE THIRD NAVAL DISTRICT MADE THE FOLLOWING STATEMENT:

1. HAD LIEUTENANT M. A. ROGGENKAMP. S.C., U.S.N., REPORTED TO THE COMMANDANT, THIRD NAVAL DISTRICT, ON 1 SEPTEMBER 1929, FOR GOVERNMENT TRANSPORTATION TO A PORT ON THE PACIFIC COAST, AS DIRECTED IN REFERENCE (A), HE WOULD HAVE BEEN DIRECTED TO PROCEED TO THE NAVAL OPERATING BASE, HAMPTON ROADS, VA., AND REPORT TO THE COMMANDING OFFICER, U.S.S. VEGA, FOR TRANSPORTATION TO SAN PEDRO, CALIF.

2. THE U.S.S. VEGA SAILED FROM THE NAVAL OPERATING BASE, HAMPTON ROADS, VA., ON 14 SEPTEMBER, 1929, AND WAS SCHEDULED TO ARRIVE AT SAN PEDRO, CALIF., ON 5 OCTOBER, 1929. THIS WOULD HAVE BEEN THE FIRST AVAILABLE GOVERNMENT TRANSPORTATION TO THE PACIFIC COAST AFTER 1 SEPTEMBER, 1929.

IT ALSO APPEARS FROM THE ITINERARY OF THE U.S.S. VEGA THAT SAID VESSEL ARRIVED AT HAMPTON ROADS, VA., ON SEPTEMBER 6, 1929, SAILED FROM HAMPTON ROADS, VA., ON OCTOBER 1, 1929, ARRIVED AT SAN DIEGO, CALIF., ON OCTOBER 20, 1929, AND AT SAN PEDRO ON OCTOBER 24, 1929.

YOU SUGGEST THAT BY REASON OF THE FACT THAT THE U.S.S. VEGA, ON WHICH VESSEL YOU WERE DIRECTED TO TRAVEL TO YOU NEW POST OF DUTY, DID NOT SAIL UNTIL OCTOBER 1, 1929, THE DATE ON WHICH YOU WERE REQUIRED TO REPORT FOR DUTY ON THE U.S.S. NEW MEXICO, THAT TRANSPORTATION ON THAT VESSEL WAS NOT AVAILABLE WITHIN THE TERMS OF YOUR ORDERS, AND, NO GOVERNMENT TRANSPORTATION BEING AVAILABLE, YOU ARE ENTITLED TO MILEAGE FROM BOSTON, MASS., TO SAN PEDRO, CALIF.

THE BUREAU OF NAVIGATION STATES THAT ON THE ASSUMPTION THAT YOU HAD AVAILED YOURSELF OF THE AUTHORITY GRANTED IN MODIFYING ORDERS OF JULY 16, 1929, THE ORDERS NOT HAVING BEEN RETURNED AS DIRECTED IF YOU DID NOT UTILIZE THE PERMISSION THEREIN CONTAINED TO TRAVEL BY A ROUTING OF YOUR OWN SELECTION, ORDERS OF AUGUST 16, 1929, WERE ISSUED DETACHING LIEUTENANT HAKE UPON YOUR REPORTING ON THE U.S.S. NEW MEXICO ON OCTOBER 1, 1929, BUT THAT YOU HAD BEEN EXPECTED TO PROCEED VIA THE U.S.S. VEGA, ORDERS TO LIEUTENANT HAKE WOULD HAVE PROVIDED FOR HIS DETACHMENT AT THE PROPER TIME.

BY REASON OF YOUR EARLIER ARRIVAL AS A RESULT OF TRAVELING BY A ROUTING OF YOUR OWN SELECTION YOU NOW PROPOSE TO SECURE AN ADVANTAGE AND THE ALLOWANCE OF MILEAGE BY THE LAND ROUTE DIRECTLY CONTRARY TO THE TERMS OF YOUR ORDERS BECAUSE THE DEPARTMENT UTILIZED YOUR SERVICES UPON YOUR REPORTING AND RELIEVED YOUR PREDECESSOR EARLIER THAN WOULD HAVE BEEN PRACTICABLE HAD YOU PROCEEDED BY THE ROUTE DIRECTED IN YOUR ORDERS. YOUR RIGHTS TO MILEAGE AND TRAVEL EXPENSES WERE SPECIFICALLY FIXED BY THE LAW AND THE TERMS OF THE TWO ORDERS UNDER WHICH YOU TRAVELED AND THOSE RIGHTS MAY NOT BE INCREASED BY REASON OF THE TIME OF YOUR REPORTING UNDER YOUR ORDERS OR THE TIME OF RELIEF OF YOUR PREDECESSOR. YOU ARE ENTITLED TO MILEAGE AND TRAVEL EXPENSES AS IF TRAVEL HAD BEEN PERFORMED VIA THE U.S.S. VEGA, SAILING FROM HAMPTON ROADS OCTOBER 1, 1929--- THAT IS, TO MILEAGE FROM THE NAVY YARD, BOSTON, MASS., TO THE U.S.S. VEGA AT HAMPTON ROADS, VA., AND TO MESS BILL ON THAT VESSEL FROM SEPTEMBER 6, 1929, TO OCTOBER 24, 1929, DATE THE VESSEL ARRIVED AT SAN PEDRO, CALIF. THESE WERE THE PAYMENTS AUTHORIZED BY LAW UNDER YOUR ORIGINAL ORDERS, AND THESE ARE THE ONLY PAYMENTS AUTHORIZED BY THE ORDER WHICH GRANTED YOU PERMISSION TO TRAVEL BY A ROUTE OF YOUR OWN SELECTION. YOU ARE AUTHORIZED TO REIMBURSE YOURSELF ACCORDINGLY.