B-115100, JULY 21, 1953, 33 COMP. GEN. 43

B-115100, JULY 21, 1953, 33 COMP. GEN. 43

MILEAGE - MILITARY, NAVAL, ETC., PERSONNEL - CHANGES OF STATION - LEAVE OF ABSENCE AN OFFICER WHOSE ORDERS TRANSFERRING HIM FROM AN OVERSEAS STATION TO ONE WITHIN UNITED STATES WERE CHANGED PRIOR TO THE EFFECTIVE DATE BY ORDERS DIRECTING HIM TO REPORT TO ANOTHER STATION IS ENTITLED TO MILEAGE FROM THE DEBARKATION PORT TO THE ULTIMATE NEW PERMANENT STATION EVEN THOUGH HE HAD TRAVELED TO THE ORIGINAL STATION; ALSO, THE OFFICER IS ENTITLED TO AN ALLOWANCE FOR THE TRANSPORTATION OF WHICH THEY HAD BEEN FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM THE OFFICER'S OVERSEAS STATION PRIOR TO HIS RELIEF FROM THAT STATION, TO THE LOCATION OF THE ULTIMATE PERMANENT DUTY STATION IN THE UNITED STATES TO WHICH THE TRAVEL WAS ACTUALLY PERFORMED.

ACTING COMPTROLLER GENERAL FISHER TO CAPT. J. W. SKEVRON, DEPARTMENT OF THE ARMY, JULY 21, 1953:

THERE HAS BEEN RECEIVED BY SECOND ENDORSEMENT DATED MAY 5, 1953, YOUR LETTER OF DECEMBER 24, 1952, WITH ENCLOSURES, REQUESTING DECISION AS TO THE RIGHT OF CAPT. JACK HARRINGTON TO ADDITIONAL MILEAGE IN HIS OWN RIGHT AND REIMBURSEMENT FOR TRAVEL FOR DEPENDENTS UNDER THE CIRCUMSTANCES SHOWN IN THE ENCLOSURES.

THERE WERE ENCLOSED WITH YOUR LETTER TWO VOUCHERS EXECUTED BY CAPTAIN HARRINGTON WHEREIN HE MAKES CLAIM (1) FOR MILEAGE FOR TRAVEL PERFORMED FROM FORT HAMILTON, N.Y., TO CAMP COOKE, CALIF., TO RED RIVER ARSENAL, TEXARKANA, TEX., LESS $87.78 RECEIVED FOR MILEAGE FROM FORT HAMILTON, N.Y., TO RED RIVER ARSENAL, TEX., ON VOUCHER NO. 2842 OF YOUR SEPTEMBER 1952 ACCOUNTS, AND (2) FOR REIMBURSEMENT FOR TRANSPORTATION FOR DEPENDENTS FROM GRAND PRAIRIE, TEX., TO LONG BEACH, CALIF., TO TEXARKANA, TEX.

BY PARAGRAPH 4, SPECIAL ORDERS NO. 97 DATED JUNE 24, 1952, HEADQUARTERS, EUCOM ORDNANCE SCHOOL, APO 171, AS SUPPLEMENTED BY PARAGRAPH 10, SPECIAL ORDERS NO. 169 DATED JULY 12, 1952, HEADQUARTERS, FORT HAMILTON, N.Y., THE OFFICER WAS TRANSFERRED FROM GERMANY TO THE UNITED STATES, AND ASSIGNED TO DUTY AT CAMP COOKE, CALIF., 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE BEING AUTHORIZED, IT BEING FURTHER STATED THAT HIS LEAVE ADDRESS WOULD BE LONG BEACH, CALIF. BY PARAGRAPH 3, SPECIAL ORDERS NO. 61 DATED MARCH 17, 1951, HEADQUARTERS, WETZLAR MILITARY POST, APO 169, CAPTAIN HARRINGTON'S DEPENDENTS HAD PREVIOUSLY TRAVELED FROM GERMANY TO GRAND PRAIRIE, TEX., AT GOVERNMENT EXPENSE, PURSUANT TO AUTHORITY CONTAINED IN PARAGRAPH 8, ARMY REGULATIONS 35 4880.

BY PARAGRAPH 10, SPECIAL ORDERS NO. 142 DATED JULY 15, 1952, DEPARTMENT OF THE ARMY, THE OFFICER, WHILE EN ROUTE TO HIS LEAVE ADDRESS AND PRIOR TO REPORTING TO CAMP COOKE, CALIF., WAS TRANSFERRED TO RED RIVER ARSENAL, TEXARKANA, TEX., FOR DUTY. PRIOR TO THE OFFICER'S ENTRY INTO THE UNITED STATES ON JULY 11, 1952, HIS DEPENDENTS TRAVELED FROM GRAND PRAIRIE, TEX., TO LONG BEACH, CALIF., JUNE 30 TO JULY 5, 1952, AT PERSONAL EXPENSE, AND LATER TRAVELED TO HIS NEW STATION, NOVEMBER 12 TO 15, 1952.

SUBSECTIONS 303 (A) AND (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDE THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, AS WELL AS TRANSPORTATION FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION. NO PROVISION IS MADE FOR PAYMENT OF MILEAGE INCIDENT TO LEAVE AND PARAGRAPH 4153 (CASE 14) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE SAID SUBSECTIONS SPECIFICALLY PROVIDES THAT WHEN THE STATION OF A MEMBER IS CHANGED WHILE HE IS ON LEAVE, HE WILL BE ENTITLED TO MILEAGE FROM THE PLACE WHERE HE RECEIVED THE ORDERS TO THE NEW STATION, NOT TO EXCEED THE COST FROM THE OLD STATION TO THE NEW, AND PARAGRAPH 3003-1B PROVIDES WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

PARAGRAPH 7009, COVERING THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM STATIONS OUTSIDE CONTINENTAL UNITED STATES TO A DESIGNATED LOCATION INSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF THE MEMBER FROM THEIR STATIONS, PROVIDES THAT, UPON BEING SUBSEQUENTLY ASSIGNED TO A PERMANENT DUTY STATION WITHIN THE UNITED STATE, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED, FOR THOSE MEMBERS OTHERWISE ENTITLED THERETO, FROM THE DESIGNATED LOCATION TO THEIR CURRENT PERMANENT DUTY STATION IN THE UNITED STATES.

IN THE PRESENT CASE THE ORDERS TRANSFERRING THE OFFICER FROM A STATION OUTSIDE THE UNITED STATES TO DUTY AT CAMP COOKE, CALIFORNIA, WITH LEAVE EN ROUTE, WERE CHANGED PRIOR TO THEIR EFFECTIVE DATE BY ORDERS DIRECTING HIM TO REPORT TO RED RIVER ARSENAL, TEX., FOR DUTY. UNDER THE LAW AND REGULATIONS HE BECAME ENTITLED TO MILEAGE FROM THE PORT OF DEBARKATION ( FORT HAMILTON, N.Y.), TO HIS ULTIMATE NEW PERMANENT STATION ( RED RIVER ARSENAL, TEX.), AND THE RECORD SHOWS THAT HE HAS RECEIVED MILEAGE ON THAT BASIS. WITH RESPECT TO THE RIGHT TO REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UNDER THE CIRCUMSTANCES HERE INVOLVED, THE OFFICER WOULD BE ENTITLED TO AN ALLOWANCE FOR A DISTANCE NO GREATER THAN FROM THE DESIGNATED LOCATION ( GRAND PRAIRIE, TEX.), TO WHICH THEY HAD BEEN FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM THE MEMBER'S OVERSEAS STATION PRIOR TO HIS RELIEF FROM THAT STATION, TO THE LOCATION OF THE PERMANENT DUTY STATION IN THE UNITED STATES ( TEXARKANA, TEX.), TO WHICH THE TRAVEL WAS ACTUALLY PERFORMED. ACCORDINGLY, THERE WOULD BE NO AUTHORITY FOR THE PAYMENT OF THE CLAIMS AS PRESENTED, THE ONLY AMOUNT DUE BEING FOR TRANSPORTATION OF THE OFFICER'S DEPENDENTS FROM GRAND PRAIRIE TO TEXARKANA.