B-113121, JAN 6, 1953

B-113121: Jan 6, 1953

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REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. HIS THEN MILITARY ADDRESS AT FORT SILL WERE LISTED. IT IS STATED THAT SUCH ORDERS WERE RECEIVED BY HIM AT FORT SILL WHERE HE WAS ATTENDING A ROTC SUMMER ENCAMPMENT AS A CADET. WHICH ENCAMPMENT WAS COMPLETED ON AUGUST 1. PARAGRAPH 1150-11 STATES THAT THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY" AS IT RELATES TO A RESERVIST WHO IS NOT COMMISSIONED OR APPOINTED FOR IMMEDIATE ACTIVE DUTY. IS "THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED.". PARAGRAPH 4153 PROVIDES THAT WHEN ORDERS ARE RECEIVED AT A PLACE OTHER THAN TO WHICH ADDRESSED. TRAVEL ALLOWANCES ARE PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS.

B-113121, JAN 6, 1953

PRECIS-UNAVAILABLE

CAPTAIN RAY C. EAKINS, F. C., U.S. ARMY:

BY SECOND INDORSEMENT OF DECEMBER 10, 1952, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF OCTOBER 20, 1952, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, COVERING PAYMENT OF MILEAGE TO SECOND LIEUTENANT HENRY L. QUISENBERRY, FA, FOR TRAVEL PERFORMED BY HIM FROM ROANOKE, VIRGINIA, TO FORT SILL, OKLAHOMA, IN OCTOBER 1952.

ORDERS OF JUNE 25, 1952, ISSUED AT FORT GEORGE G. MEADE, MARYLAND, ORDERED THE OFFICER INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, WITH DIRECTION TO PROCEED FROM HIS HOME OR TEMPORARY ADDRESS AND REPORT TO THE ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, NOT LATER THAN OCTOBER 15, 1952, FOR TEMPORARY DUTY PENDING FURTHER ORDERS, THE EFFECTIVE DATE OF ACTIVE DUTY BEING STATED THEREIN AS OCTOBER 11, 1952. UNDER THE COLUMN HEADING CALLING FOR HOME ADDRESS AND TEMPORARY ADDRESS, IF APPLICABLE, ROANOKE, VIRGINIA, AND HIS THEN MILITARY ADDRESS AT FORT SILL WERE LISTED. SUCH ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE AND IT APPEARS THAT HE TRAVELED BY THAT MODE OF CONVEYANCE FROM ROANOKE TO FORT SILL DURING THE PERIOD OCTOBER 12 TO 15, 1952. IT IS STATED THAT SUCH ORDERS WERE RECEIVED BY HIM AT FORT SILL WHERE HE WAS ATTENDING A ROTC SUMMER ENCAMPMENT AS A CADET, WHICH ENCAMPMENT WAS COMPLETED ON AUGUST 1, 1952.

PARAGRAPH 4150-1(A) OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF MILEAGE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE ON PERMANENT CHANGE OF STATION. PARAGRAPH 3003-1A OF SUCH REGULATIONS DEFINES A "PERMANENT CHANGE OF STATION" AS INCLUDING THE CHANGE FROM "HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY," TO FIRST STATION, UPON CALL TO ACTIVE DUTY. PARAGRAPH 1150-11 STATES THAT THE "PLACE FROM WHICH ORDERED TO ACTIVE DUTY" AS IT RELATES TO A RESERVIST WHO IS NOT COMMISSIONED OR APPOINTED FOR IMMEDIATE ACTIVE DUTY, IS "THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED." CASE 1, PARAGRAPH 4153 PROVIDES THAT WHEN ORDERS ARE RECEIVED AT A PLACE OTHER THAN TO WHICH ADDRESSED, TRAVEL ALLOWANCES ARE PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS, NOT IN EXCESS OF THAT FROM THE OFFICIAL RESIDENCE OR PLACE ADDRESSED. CASE 17, PARAGRAPH 4153, PROVIDES FOR THE PAYMENT OF PERMANENT CHANGE OF STATION ALLOWANCES TO MEMBERS OF RESERVE COMPONENTS WHO ARE REQUIRED TO TAKE A PHYSICAL EXAMINATION IN CONNECTION WITH CALL TO ACTIVE DUTY, FROM THE PLACE OF RECEIPT OF ORDERS OR THE PLACE TO WHICH THE ORDERS ARE ADDRESSED, WHICHEVER IS LESSER. UNDER THE FOREGOING REGULATIONS THE BASIC POINT FROM WHICH MILEAGE IS PAYABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE TO FIRST STATION UPON CALL TO ACTIVE DUTY, IS THE HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY. HOWEVER, IT REASONABLY IS TO BE CONCLUDED THAT THESE REGULATIONS CONTEMPLATE THAT THE TEMPORARY ADDRESS AT WHICH ACTIVE DUTY ORDERS MAY BE RECEIVED AND FROM WHICH MILEAGE IS AUTHORIZED NOT TO EXCEED THAT ALLOWABLE FOR TRAVEL FROM OFFICIAL RESIDENCE, SHALL BE AN ADDRESS OF THE OFFICER'S OWN CHOOSING AND NOT, AS IN THIS CASE, A MILITARY INSTALLATION AT WHICH HE IS NOT EXPECTED TO REMAIN UNTIL THE EFFECTIVE DATE OF THE ORDERS TO EXTENDED ACTIVE DUTY.

ACCORDINGLY, LIEUTENANT QUISENBERRY IS ENTITLED TO MILEAGE FOR THE TRAVEL FROM HIS HOME AT ROANOKE TO FORT SILL. THE SUBMITTED VOUCHER IS RETURNED HEREWITH AND PAYMENT THEREOF IS AUTHORIZED IF OTHERWISE CORRECT.