B-107878, JUN 18, 1952

B-107878: Jun 18, 1952

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STATED THAT YOU SHOULD REGARD YOURSELF DETACHED FROM DUTY AT YOUR STATION AT QUONSET POINT AND FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED YOU. YOU WERE DIRECTED TO PROCEED IMMEDIATELY AND REPORT TO THE POST DEMOBILIZATION SEPARATION ACTIVITY. YOU WERE TO REGARD YOURSELF DETACHED AND PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. YOU WERE DETACHED FROM DUTY ON SEPTEMBER 30 AND REPORTED FOR SEPARATION PROCESSING ON OCTOBER 1. STATED THAT YOU WERE FOUND PHYSICALLY QUALIFIED FOR RELEASE FROM ACTIVE DUTY AND THAT OTHER SEPARATION PROCESSES WERE COMPLETED. IT WAS STATED THAT THE CITED INDORSEMENT OF OCTOBER 2. WAS THEREBY MODIFIED TO INCLUDE A NEW PARAGRAPH STATING THAT YOU WERE DETACHED ON OCTOBER 2.

B-107878, JUN 18, 1952

PRECIS-UNAVAILABLE

MR. ROWLAND C. ANDERSON:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 7, 1952, IN EFFECT REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 7, 1950, WHICH DISALLOWED YOUR CLAIM FOR SIX DAYS' ADDITIONAL ACTIVE DUTY PAY AND ALLOWANCES TO COVER TRAVEL TIME FROM LAST DUTY STATION TO YOUR HOME OF RECORD INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY UNDER ORDERS OF THE COMMANDING OFFICER, AIRCRAFT DEVELOPMENT SQUADRON FOUR (VX-4), UNITED STATES NAVAL AIR STATION, QUONSET POINT, RHODE ISLAND, DATED SEPTEMBER 29, 1947.

THE SAID ORDERS OF SEPTEMBER 29, 1947, STATED THAT YOU SHOULD REGARD YOURSELF DETACHED FROM DUTY AT YOUR STATION AT QUONSET POINT AND FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED YOU, AND YOU WERE DIRECTED TO PROCEED IMMEDIATELY AND REPORT TO THE POST DEMOBILIZATION SEPARATION ACTIVITY, NAVAL AIR STATION, QUONSET POINT, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. UPON THE COMPLETION OF SUCH PROCESSING, AND WHEN DIRECTED BY THE COMMANDING OFFICER OF THAT ACTIVITY, YOU WERE TO REGARD YOURSELF DETACHED AND PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. YOU WERE DETACHED FROM DUTY ON SEPTEMBER 30 AND REPORTED FOR SEPARATION PROCESSING ON OCTOBER 1. INDORSEMENT OF THE COMMANDING OFFICER AT THE SEPARATION ACTIVITY DATED OCTOBER 2, 1947, STATED THAT YOU WERE FOUND PHYSICALLY QUALIFIED FOR RELEASE FROM ACTIVE DUTY AND THAT OTHER SEPARATION PROCESSES WERE COMPLETED, AND ALSO THAT YOU HAD STATED THAT UPON RELEASE TO INACTIVE DUTY YOUR HOME ADDRESS WOULD BE AT ORANGEBURG, NEW YORK. IN LETTER FROM THE COMMANDING OFFICER, UNITED STATES NAVAL AIR STATION AT QUONSET POINT, DATED JANUARY 8, 1948, IT WAS STATED THAT THE CITED INDORSEMENT OF OCTOBER 2, 1947, WAS THEREBY MODIFIED TO INCLUDE A NEW PARAGRAPH STATING THAT YOU WERE DETACHED ON OCTOBER 2, 1947, AND THAT YOU WERE GRANTED SIX DAYS' TRAVEL TIME UPON THE EXPIRATION OF WHICH, AT MIDNIGHT OF OCTOBER 8, 1947, YOU SHOULD REGARD YOURSELF RELEASED FROM ALL ACTIVE DUTY. IN LETTER DATED DECEMBER 2, 1949, THE CHIEF OF NAVAL PERSONNEL REPORTED THAT THE RECORDS OF THAT OFFICE SHOWED YOUR HOME OF RECORD TO BE ST. CLOUD, MINNESOTA, UPON YOUR REPORTING FOR ACTIVE DUTY ON APRIL 5, 1943, THAT YOU WERE RELEASED FROM ACTIVE DUTY ON OCTOBER 2, 1947, AND REPORTED YOUR MAILING ADDRESS AS ORANGEBURG, NEW YORK, AND THAT ON MAY 24, 1948, YOU WERE RECALLED AND REPORTED FOR ACTIVE DUTY FROM ORANGEBURG, NEW YORK.

SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, AS AMENDED, 34 U.S.C. 853E, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES THAT COMMISSIONED OFFICERS OF THE NAVAL RESERVE ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES ONLY "WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY." UNDER SUCH PROVISIONS THE RIGHT TO ACTIVE DUTY PAY AND ALLOWANCES FOR TRAVEL TO AND FROM ACTIVE DUTY EXISTS ONLY FOR PERIODS WHILE "EMPLOYED" IN AUTHORIZED TRAVEL AND, CONSEQUENTLY, DOES NOT ARISE ON A CONSTRUCTIVE BASIS TO THE CREDIT OF OFFICERS WHO DO NOT IN FACT PERFORM THE TRAVEL INCIDENT TO WHICH PAY AND ALLOWANCES ARE CLAIMED.

WHILE YOUR CLAIM IS STATED AS FOR ACTIVE DUTY PAY AND ALLOWANCES FOR TRAVEL TIME FROM YOUR DUTY STATION AT QUONSET POINT, RHODE ISLAND, TO YOUR HOME OF RECORD, ST. CLOUD, MINNESOTA, IT APPEARS FROM THE RECORD THAT YOU WERE RELEASED FROM ACTIVE DUTY ON OCTOBER 2, 1947, AND IT DOES NOT APPEAR THAT YOU PERFORMED ANY OFFICIAL TRAVEL AFTER THAT DATE. IT WOULD APPEAR RATHER THAT YOU PROCEEDED TO ORANGEBURG, NEW YORK, THE PLACE DESIGNATED BY YOU AT THE TIME OF YOUR RELEASE AS YOUR MAILING ADDRESS AND SINCE SUCH TRAVEL COULD, UNDER ORDINARY CIRCUMSTANCES, BE PERFORMED ON THE DAY OF YOUR DETACHMENT FROM DUTY AT QUONSET POINT AND SO NOT REQUIRE ADDITIONAL TRAVEL TIME, IT IS CONCLUDED THAT ON THE PRESENT RECORD THERE EXISTS NO PROPER BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 7, 1950, IS SUSTAINED.