B-116446, FEBRUARY 25, 1954, 33 COMP. GEN. 373

B-116446: Feb 25, 1954

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IS NOT ENTITLED. AUTHORITY FOR SUCH ACTION WAS STATED TO BE SPECIAL REGULATIONS 600-450-5. THE TRAVEL IN QUESTION IS SHOWN TO HAVE BEEN PERFORMED DURING THE PERIOD FROM OCTOBER 6 TO 7. STATED THAT COLONEL LOWRY HAD BEEN DETERMINED TO BE PERMANENTLY UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY AND HE WAS RETIRED FROM ACTIVE SERVICE OCTOBER 31. IT ALSO WAS STATED THAT HE WAS RELIEVED FROM ASSIGNMENT AT THE VALLEY FORGE ARMY HOSPITAL OCTOBER 31. IT IS PROVIDED THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY REIMBURSEMENT FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICED ON RETIREMENT IS AUTHORIZED ONLY FOR TRAVEL PERFORMED PURSUANT TO RETIREMENT ORDERS.

B-116446, FEBRUARY 25, 1954, 33 COMP. GEN. 373

MILEAGE - MILITARY, NAVAL, ETC., PERSONNEL - RETIREMENT - LAST DUTY STATION TO SELECTED HOME - ORDERS RECEIVED AT HOME AN ARMY OFFICER WHO TRAVELED FROM HOSPITAL TO HOME INCIDENT TO ORDERS WHICH PLACED HIM ON DETACHED SERVICE AT HOME ADDRESS "WITH HIS CONSENT AND AT NO EXPENSE TO GOVT.' TO AWAIT ACTION OF DEPARTMENT OF ARMY ON RECOMMENDATIONS MADE BY PHYSICAL EVALUATION BOARD WHICH HAD FOUND THE OFFICER UNFIT FOR FURTHER MILITARY DUTY, AND WHO WHILE HOME RECEIVED ORDERS RETIRING HIM AND DIRECTING HIM TO PROCEED TO HOME, IS NOT ENTITLED, INCIDENT TO RETIREMENT FROM ACTIVE SERVICE, TO MILEAGE OR OTHER TRAVEL ALLOWANCE FOR THE TRAVEL FROM HOSPITAL TO HOME, NO TRAVEL BEING REQUIRED TO COMPLY WITH RETIREMENT ORDERS.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL JAMES H. COMINGS, DEPARTMENT OF THE ARMY, FEBRUARY 25, 1954:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 21, 1953, FORWARDED HERE BY ENDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON A VOUCHER ENCLOSED THEREWITH IN FAVOR OF COLONEL RICHER LOWRY, TC, RETIRED, FOR TRAVEL PAY FOR THE DISTANCE FROM PHOENIXVILLE, PENNSYLVANIA, TO HIS HOME AT WELLS, MAINE, INCIDENT TO HIS RETIREMENT FROM ACTIVE SERVICE ON OCTOBER 31, 1952.

PARAGRAPH 15, SPECIAL ORDERS NO. 209, OF THE VALLEY FORGE ARMY HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, DATED OCTOBER 3, 1952, PLACED COLONEL LOWRY ON DETACHED SERVICE AT HIS HOME ADDRESS AT WELLS, MAINE, EFFECTIVE OCTOBER 3, 1952,"WITH HIS CONSENT AND AT NO EXPENSE TO THE GOVT.' TO AWAIT ACTION OF THE DEPARTMENT OF THE ARMY ON RECOMMENDATIONS MADE BY A PHYSICAL EVALUATION BOARD WHICH HAD FOUND THE OFFICER UNFIT FOR FURTHER MILITARY SERVICE. AUTHORITY FOR SUCH ACTION WAS STATED TO BE SPECIAL REGULATIONS 600-450-5, CHANGE 1, DATED JANUARY 29, 1952. THE TRAVEL IN QUESTION IS SHOWN TO HAVE BEEN PERFORMED DURING THE PERIOD FROM OCTOBER 6 TO 7, 1952. PARAGRAPH 23, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 210, DATED OCTOBER 20, 1952, STATED THAT COLONEL LOWRY HAD BEEN DETERMINED TO BE PERMANENTLY UNFIT FOR DUTY BY REASON OF PHYSICAL DISABILITY AND HE WAS RETIRED FROM ACTIVE SERVICE OCTOBER 31, 1952. IT ALSO WAS STATED THAT HE WAS RELIEVED FROM ASSIGNMENT AT THE VALLEY FORGE ARMY HOSPITAL OCTOBER 31, 1952, AND AT THE PROPER TIME SHOULD PROCEED TO HIS HOME, SUCH MOVE BEING DESIGNATED AS A PERMANENT CHANGE OF STATION.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES UPON RETIREMENT SHALL BE ENTITLE TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS FROM LAST DUTY STATION TO HIM. ALSO, IT IS PROVIDED THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY REIMBURSEMENT FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICED ON RETIREMENT IS AUTHORIZED ONLY FOR TRAVEL PERFORMED PURSUANT TO RETIREMENT ORDERS. CONSISTENT WITH THE ESTABLISHED RULE THAT MILEAGE OR OTHER TRAVEL ALLOWANCE DOES NOT ACCRUE INCIDENT TO TRAVEL PERFORMED IN ANTICIPATION OF ORDERS SUBSEQUENTLY ISSUED, IT UNIFORMLY HAS BEEN HELD THAT THE PAYMENT OF MILEAGE IS NOT AUTHORIZED UPON RETIREMENT WHERE A MEMBER OF THE ARMED FORCES IS AT THE PLACE SELECTED BY HIM AS HIS HOME WHEN RETIRED OR WHEN ORDERED TO AWAIT RETIREMENT, NO TRAVEL BEING REQUIRED TO COMPLY WITH THE RETIREMENT ORDERS UNDER SUCH CIRCUMSTANCES. 19 COMP. GEN. 422; B-114672, APRIL 24, 1953. ALSO, SEE ELMORE V. UNITED STATES, 61 C.1CLS. 173.

IT HAS BEEN RECOGNIZED THAT ORDERS DIRECTING A MEMBER FOUND BY A PHYSICAL EVALUATION BOARD AS UNFIT FOR FURTHER MILITARY SERVICE TO TRAVEL TO A DESIGNATED PLACE TO AWAIT FURTHER ORDERS IN CONNECTION WITH DISABILITY RETIREMENT PROCEEDINGS MAY BE CONSIDERED AS INITIATING A PERMANENT CHANGE OF STATION (TO BE CONSUMMATED UPON ULTIMATE TERMINATION OF ACTIVE SERVICE BY HIS RETIREMENT) ENTITLING HIM TO TRAVEL ALLOWANCES ON THE BASIS THAT THE PLACE TO WHICH DIRECTED BECOMES HIS STATION. 32 COMP. GEN. 348. SUCH CONSIDERATION, HOWEVER, WOULD HAVE NO APPLICATION UNDER CIRCUMSTANCES WHERE THE MEMBER AT HIS OWN ELECTION IS PERMITTED BY ADMINISTRATIVE REGULATION TO SELECT A PLACE TO WHICH HE MIGHT PROCEED AT NO EXPENSE TO THE GOVERNMENT AND AWAIT DISPOSITION, AS IS AUTHORIZED IN SPECIAL REGULATIONS 600-450-5, DATED JANUARY 29, 1952, CITED IN THE ORDERS OF OCTOBER 3, 1952, IT CLEARLY BEING WITHIN THE AUTHORITY VESTED IN THE SECRETARY OF THE ARMY BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949 TO PROVIDE THAT TRAVEL OF THAT NATURE, AUTHORIZED PRIMARILY AS A MATTER OF PERSONNEL CONVENIENCE TO THE MEMBER, SHOULD BE PERFORMED AT HIS PERSONAL EXPENSE. IN VIEW OF THAT RESTRICTION NO RIGHT TO TRAVEL ALLOWANCES MAY BE CONSIDERED TO HAVE ACCRUED UNDER THE ORDERS OF OCTOBER 3, 1952.

SINCE COLONEL LOWRY WAS AT HIS HOME AT WELLS, MAINE, WHEN THE ORDERS OF OCTOBER 20, 1952, WERE ISSUED AND SO WAS NOT REQUIRED TO PERFORM ANY TRAVEL IN COMPLIANCE WITH THOSE ORDERS, IT IS CONCLUDED THAT NO AUTHORITY EXITS FOR THE PAYMENT OF MILEAGE OR OTHER TRAVEL ALLOWANCES ON THE PRESENTED VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.