B-102023, APR 20, 1951

B-102023: Apr 20, 1951

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TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH. WAS RECEIVED AT HIS HOME ON OCTOBER 29. THAT SUCH TELEGRAM WAS FORWARDED TO HIM AT MASON CITY WHERE IT WAS RECEIVED ON THE FOLLOWING DATE. THE RULE IS WELL ESTABLISHED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER TRAVEL ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION. HE WAS ORDERED TO ACTIVE DUTY EFFECTIVE OCTOBER 30 AND TRAIN SCHEDULES PUBLISHED IN THE OFFICIAL GUIDE OF THE RAILWAYS SHOW THAT HE COULD HAVE LEFT HIS HOME ON THAT DATE AND ARRIVED AT FORT LEWIS ON NOVEMBER 2. AS FAR AS ANY MILITARY NECESSITY WAS INVOLVED. HE COULD HAVE BEEN AT HIS HOME ON OCTOBER 29 AND HENCE.

B-102023, APR 20, 1951

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL C. W. FARNUM, F.C.:

BY FIRST INDORSEMENT OF MARCH 9, 1951, THE CHIEF OF FINANCE DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF FEBRUARY 22, 1951, TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED THEREWITH; STATED IN FAVOR OF CORPORAL KENNETH E. TEMPLIN, ENLISTED RESERVE CORPS, FOR REIMBURSEMENT OF EXPENSES OF TRAVEL FROM HIS HOME AT DEARBORN, MICHIGAN, TO MASON CITY, NEBRASKA, AND RETURN, UNDER CIRCUMSTANCES HEREINAFTER STATED.

LETTER ORDER NO. 826, ISSUED AT HEADQUARTERS, MICHIGAN MILITARY DISTRICT, DETROIT, MICHIGAN, UNDER DATE OF OCTOBER 16, 1950, ORDERED MR. TEMPLIN INTO ACTIVE MILITARY SERVICE "EFFECTIVE 30 OCTOBER 1950," WITH DIRECTION TO PROCEED FROM HIS HOME "ON OR ABOUT" THAT DATE AND REPORT TO THE COMMANDING OFFICER, 31ST AA BRIGADE, FORT LEWIS, WASHINGTON, "NOT LATER THAN 2 NOVEMBER 1950, FOR DUTY." IT APPEARS THAT HE LEFT HIS HOME ON OCTOBER 28 AND PROCEEDED TO THE HOME OF HIS PARENTS NEAR MASON CITY; THAT A TELEGRAM FROM THE MICHIGAN MILITARY DISTRICT ADVISING HIM NOT TO COMPLY WITH THE ORDER OF OCTOBER 16, WAS RECEIVED AT HIS HOME ON OCTOBER 29; THAT SUCH TELEGRAM WAS FORWARDED TO HIM AT MASON CITY WHERE IT WAS RECEIVED ON THE FOLLOWING DATE; AND THAT HE THEN RETURNED TO HIS HOME.

THE RULE IS WELL ESTABLISHED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER TRAVEL ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION, OR POINT OF ORIGIN, BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE DIRECTED) IN ORDER TO REACH HIS DESTINATION ON THE DATE DESIGNATED IN THE TRAVEL ORDERS. WHILE THE ORDER OF OCTOBER 16 PERMITTED MR. TEMPLIN TO REPORT FOR DUTY AT FORT LEWIS A DAY OR TWO PRIOR TO NOVEMBER 2, SUCH ORDER DID NOT ACTUALLY REQUIRE HIM TO SO REPORT UNTIL THE LATTER DATE. HE WAS ORDERED TO ACTIVE DUTY EFFECTIVE OCTOBER 30 AND TRAIN SCHEDULES PUBLISHED IN THE OFFICIAL GUIDE OF THE RAILWAYS SHOW THAT HE COULD HAVE LEFT HIS HOME ON THAT DATE AND ARRIVED AT FORT LEWIS ON NOVEMBER 2, 1950. AS FAR AS ANY MILITARY NECESSITY WAS INVOLVED, HE COULD HAVE BEEN AT HIS HOME ON OCTOBER 29 AND HENCE, COULD HAVE RECEIVED NOTICE THEREAT THAT HE WAS NOT REQUIRED TO PERFORM ANY TRAVEL AT THAT TIME. HIS PREMATURE DEPARTURE FOR PERSONAL REASONS - APPARENTLY INDUCED BY A DESIRE TO VISIT WITH HIS PARENTS PRIOR TO REPORTING FOR ACTIVE DUTY - FURNISHES NO BASIS FOR THE PAYMENT OF HIS CLAIM. ALSO, THE SAID ORDERS CLEARLY DID NOT CONTEMPLATE AN ACTIVE DUTY STATUS PRIOR TO OCTOBER 30, 1950, THE DATE ON WHICH IT IS SPECIFIED SUCH STATUS BECAME EFFECTIVE.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.