B-106241, NOV 27, 1951

B-106241: Nov 27, 1951

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HE WAS ASSIGNED TO ACTIVE DUTY UPON ACCEPTANCE OF COMMISSION AS A SECOND LIEUTENANT. WAS AUTHORIZED IN SUCH ORDERS. ARE HEREBY MODIFIED IN THAT THE RECORDS OF THIS HEADQUARTERS INDICATE THAT YOU HAVE ELECTED REIMBURSEMENT FOR THE DISTANCE ACTUALLY TRAVELED UNDER THESE ORDERS. IT IS STATED THAT HE MARRIED ON JUNE 16. PARAGRAPH 5001-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS: "OFFICERS GRADUATED FROM ANY OF THE SERVICE ACADEMIES WHEN TRAVELING UNDER COMPETENT ORDERS TO THE FIRST STATION TO WHICH THEY ARE PERMANENTLY ASSIGNED FOR DUTY SHALL RECEIVE ALLOWANCES AUTHORIZED FOR MEMBERS TRAVELING UNDER COMPETENT ORDERS IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE LANGUAGE USED IN THE ABOVE QUOTED REGULATIONS IS SIMILAR TO THAT APPEARING IN THE FIRST SENTENCE OF SECTION 1 OF THE ACT OF JUNE 27.

B-106241, NOV 27, 1951

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL H. O. BUZHARDT, USMC:

BY FIRST ENDORSEMENT OF OCTOBER 22, 1951, THE COMMANDANT OF THE MARINE CORPS REFERRED YOUR LETTER OF SEPTEMBER 25, 1951, TO THIS OFFICE FOR ADVANCE DECISION AS TO THE PROPER AMOUNTS PAYABLE AS MILEAGE ALLOWANCE ON TWO VOUCHERS SUBMITTED THEREWITH, COVERING THE TRAVEL OF SECOND LIEUTENANT PAUL S. BYRNE, JR., USMC, AND HIS DEPENDENT WIFE FROM ELGIN, ILLINOIS, TO QUANTICO, VIRGINIA, INCIDENT TO REPORTING FOR DUTY AT HIS FIRST DUTY STATION FOLLOWING GRADUATION FROM THE U.S. NAVAL ACADEMY.

BY ORDERS OF MAY 17, 1951, FROM THE COMMANDANT OF THE MARINE CORPS, ADDRESSED TO THE OFFICER AT THE U.S. NAVAL ACADEMY, ANNAPOLIS, MARYLAND, HE WAS ASSIGNED TO ACTIVE DUTY UPON ACCEPTANCE OF COMMISSION AS A SECOND LIEUTENANT, WITH DIRECTION TO PROCEED-FOLLOWING DETACHMENT FROM THE U.S. NAVAL ACADEMY - TO QUANTICO, VIRGINIA, AND REPORT FOR DUTY UNDER INSTRUCTION IN THE NINTH SPECIAL BASIC COURSE FOR A PERIOD OF 20 WEEKS. DELAY IN REPORTING THEREAT UNTIL JULY 27, 1951, CONSIDERED AS GRADUATION LEAVE, WAS AUTHORIZED IN SUCH ORDERS. MODIFICATION OF ORDERS FROM HEADQUARTERS, U.S. MARINE CORPS, DATED MAY 29, 1951, AND DELIVERED TO THE OFFICER AT ANNAPOLIS, PROVIDED AS FOLLOWS:

"YOUR PRESENT ORDERS CONTAINED IN REFERENCE (A), ARE HEREBY MODIFIED IN THAT THE RECORDS OF THIS HEADQUARTERS INDICATE THAT YOU HAVE ELECTED REIMBURSEMENT FOR THE DISTANCE ACTUALLY TRAVELED UNDER THESE ORDERS, NOT TO EXCEED THE OFFICIAL DISTANCE FROM YOUR HOME OR FROM THE U.S. NAVAL ACADEMY, AS INDICATED OPPOSITE YOUR NAME ABOVE, TO YOUR FIRST PERMANENT DUTY STATION; QUANTICO, VIRGINIA (PAR 5001-4, JTR)."

SAID AMENDATORY ORDERS LISTED HIS HOME AS AT ELGIN, ILLINOIS. IT IS STATED THAT HE MARRIED ON JUNE 16, 1951, AND THAT HE AND HIS WIFE TRAVELED FROM ELGIN TO QUANTICO BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD JULY 24 TO 27, 1951.

PARAGRAPH 5001-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"OFFICERS GRADUATED FROM ANY OF THE SERVICE ACADEMIES WHEN TRAVELING UNDER COMPETENT ORDERS TO THE FIRST STATION TO WHICH THEY ARE PERMANENTLY ASSIGNED FOR DUTY SHALL RECEIVE ALLOWANCES AUTHORIZED FOR MEMBERS TRAVELING UNDER COMPETENT ORDERS IN CONNECTION WITH A PERMANENT CHANGE OF STATION, FOR THE DISTANCE ACTUALLY TRAVELED UNDER SUCH ORDERS, NOT TO EXCEED THE OFFICIAL DISTANCE FROM THEIR HOME OR FROM THE SERVICE ACADEMY, AS MAY BE DESIGNATED IN THEIR ORDERS, TO SUCH FIRST DUTY STATION."

THE LANGUAGE USED IN THE ABOVE QUOTED REGULATIONS IS SIMILAR TO THAT APPEARING IN THE FIRST SENTENCE OF SECTION 1 OF THE ACT OF JUNE 27, 1944, 58 STAT. 392, RELATING TO GRADUATES FROM THE U.S. MILITARY ACADEMY. THE WORDING USED IN THE SAID SECTION 1 WAS SUGGESTED BY THIS OFFICE IN A REPORT DATED AUGUST 30, 1943, B-36417 TO THE DIRECTOR, BUREAU OF THE BUDGET IN WHICH IT WAS STATED, IN EFFECT, THAT SUCH WORDING WOULD PERMIT TRAVEL OF NEWLY GRADUATED OFFICERS FROM WEST POINT OR THEIR HOMES OR FROM OTHER LOCATIONS TO THEIR FIRST DUTY STATION AT GOVERNMENT EXPENSE, BUT WOULD LIMIT THE COST TO THE GOVERNMENT TO THAT FROM THEIR HOMES OR FROM WEST POINT, AS CIRCUMSTANCES WARRANTED. IT IS NOT KNOWN WHY THE ORDERS OF MAY 17, 1951, WERE MODIFIED TO SHOW AN ELECTION ON THE PART OF THE OFFICER, SINCE NO RIGHT OF ELECTION IS GIVEN UNDER THE QUOTED REGULATIONS. HOWEVER, THE AMENDATORY ORDERS DID SHOW HIS HOME AS AT ELGIN, ILLINOIS, AND APPARENTLY WERE INTENDED AS AUTHORIZING TRAVEL FROM THAT PLACE. PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON "A PERMANENT CHANGE OF STATION" - UNLESS THE OFFICER CONCERNED IS ASSIGNED TO AN INSTALLATION FOR A COURSE OF INSTRUCTION OF LESS THAN 20 WEEKS DURATION, SEE SUBPARAGRAPH 3 - AND THAT TERM IS DEFINED IN PARAGRAPH 3003-1 (A) AS INCLUDING THE CHANGE FROM HOME "TO FIRST STATION UPON APPOINTMENT." SINCE THE OFFICER AND HIS WIFE TRAVELED FROM HIS HOME AT ELGIN TO HIS FIRST STATION AT QUANTICO FOR A COURSE OF INSTRUCTION OF 20 WEEKS, HE IS ENTITLED TO REIMBURSEMENT ON THAT BASIS AT THE RATES FIXED BY PARAGRAPHS 4150-1 AND 7003-1 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHERS, WHICH ARE RETURNED HEREWITH, IS AUTHORIZED, IF CORRECT IN OTHER RESPECTS.