A-29987, JANUARY 31, 1930, 9 COMP. GEN. 328

A-29987: Jan 31, 1930

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MILEAGE - COAST GUARD OFFICER ON LEAVE OF ABSENCE WHERE THE VESSEL ON WHICH AN OFFICER OF THE COAST GUARD IS ASSIGNED FOR DUTY TEMPORARILY CHANGES ITS LOCATION WHILE THE OFFICER IS ABSENT ON LEAVE. IS NOT ENTITLED TO MILEAGE THEREFOR. YOU WERE GRANTED 20 DAYS' LEAVE OF ABSENCE FROM OCTOBER 1. YOUR UNEXPIRED LEAVE WAS REVOKED AND YOU WERE ORDERED TO PROCEED TO ASTORIA. WAS AT PORT ANGELES. YOU ARE ENTITLED TO PAYMENT UNDER YOUR CLAIM. YOUR DUTY STATION WAS ON THE SNOHOMISH DURING THE ENTIRE PERIOD INVOLVED IN YOUR CLAIM. IT IS SETTLED LAW AN OFFICER TAKES HIS LEAVE OF ABSENCE AS HIS OWN RISK. THAT LEAVE IS NOT GRANTED FOR THE BENEFIT OF THE GOVERNMENT AND IF THE GOVERNMENT REQUIRES AN OFFICER'S SERVICES BEFORE HIS LEAVE EXPIRES.

A-29987, JANUARY 31, 1930, 9 COMP. GEN. 328

MILEAGE - COAST GUARD OFFICER ON LEAVE OF ABSENCE WHERE THE VESSEL ON WHICH AN OFFICER OF THE COAST GUARD IS ASSIGNED FOR DUTY TEMPORARILY CHANGES ITS LOCATION WHILE THE OFFICER IS ABSENT ON LEAVE, HE MUST JOIN THE VESSEL AT HIS OWN EXPENSE ON THE TERMINATION OF HIS LEAVE, AND IS NOT ENTITLED TO MILEAGE THEREFOR.

COMPTROLLER GENERAL MCCARL TO LIEUT. COMMANDER F. J. BIRKETT, UNITED STATES COAST GUARD, JANUARY 31, 1930:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0279271 OF NOVEMBER 15, 1929, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FROM PORT ANGELES, WASH., TO ASTORIA, OREG.

IT APPEARS THAT WHILE ASSIGNED FOR DUTY AND SERVING AS COMMANDING OFFICER ON THE U.S. COAST GUARD CUTTER SNOHOMISH, THEN AT PORT ANGELES,WASH., YOU WERE GRANTED 20 DAYS' LEAVE OF ABSENCE FROM OCTOBER 1, 1929; THAT ON OCTOBER 2, 1929, THE SNOHOMISH DEPARTED FROM PORT ANGELES AND ARRIVED AT ASTORIA, OREG., OCTOBER 9, 1929, WHERE SHE REMAINED 22 DAYS ON TEMPORARY DUTY; THAT BY DISPATCH ORDER DATED OCTOBER 7, 1929, YOUR UNEXPIRED LEAVE WAS REVOKED AND YOU WERE ORDERED TO PROCEED TO ASTORIA, OREG., TO RESUME DUTY ON THE SNOHOMISH, WHERE YOU ARRIVED OCTOBER 8, 1929. YOU APPEAR TO BELIEVE THAT AS THE SNOHOMISH ON OCTOBER 1, 1929, WAS AT PORT ANGELES, WASH., AND NOT ASTORIA, OREG., YOU ARE ENTITLED TO PAYMENT UNDER YOUR CLAIM.

YOUR DUTY STATION WAS ON THE SNOHOMISH DURING THE ENTIRE PERIOD INVOLVED IN YOUR CLAIM. IT IS SETTLED LAW AN OFFICER TAKES HIS LEAVE OF ABSENCE AS HIS OWN RISK; THAT LEAVE IS NOT GRANTED FOR THE BENEFIT OF THE GOVERNMENT AND IF THE GOVERNMENT REQUIRES AN OFFICER'S SERVICES BEFORE HIS LEAVE EXPIRES, THE OFFICER HAS TAKEN THE RISK OF THAT AND MUST BEAR THE LOSS OF HIS PERSONAL TRAVELING EXPENSES. IT IS EQUALLY SETTLED AN OFFICER ON LEAVE OF ABSENCE ORDERED TO REJOIN HIS COMPANY OR COMMAND WHICH HAS CHANGED ITS LOCATION SINCE HIS LEAVE BEGAN, CANNOT RECOVER MILEAGE. ART. 570 (4) COAST GUARD REGULATIONS; ROMEYN V. UNITED STATES, 20 CT.CLS. 373; FITZPATRICK V. UNITED STATES, 37 ID. 332, 337; 3 COMP. GEN. 760. THERE IS FOR NOTICE, MOREOVER, IN THIS CONNECTION THAT THE ORDERS UNDER WHICH THE SNOHOMISH PROCEEDED FROM PORT ANGELES HAD BEEN PROMULGATED SEPTEMBER 26, 1929, BEFORE YOUR GOING ON LEAVE, AND IT WAS TO BE REASONABLY ANTICIPATED THAT EVEN HAD YOUR LEAVE NOT BEEN PREMATURELY TERMINATED THE VESSEL WOULD BE ELSEWHERE THAN AT PORT ANGELES AND THAT UNDER THE CITED REGULATIONS IT WOULD BE YOUR DUTY TO KEEP ADVISED AS TO HER WHEREABOUTS AND TO REPORT ON BOARD WHEREVER SHE MIGHT BE AT THE TERMINATION OF YOUR LEAVE; ALSO, THAT HAD YOU NOT TAKEN LEAVE NO QUESTION OF YOUR TRANSPORTATION WOULD HAVE ARISEN. EVIDENTLY YOUR CLAIM WAS PRESENTED UNDER THE MISAPPREHENSION THAT YOUR RIGHTS ARE ANALOGOUS TO THE RIGHTS OF AN OFFICER WHOSE DUTY STATION IS CHANGED WHILE HE IS IN A LEAVE STATUS.