B-117020, JANUARY 12, 1954, 33 COMP. GEN. 289

B-117020: Jan 12, 1954

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WHOSE CHANGE OF STATION ORDERS WHICH AUTHORIZED LEAVE EN ROUTE PLUS SUFFICIENT TRAVEL TIME TO PERMIT TRAVEL BY PRIVATELY OWNED AUTOMOBILE FOR MEMBER'S CONVENIENCE WERE CANCELED SUBSEQUENT TO DATE MEMBER DEPARTED FOR NEW STATION. PRIOR TO DATE MEMBER WOULD HAVE BEEN REQUIRED TO DEPART BY RAIL IN ORDER TO REACH NEW STATION ON DATE INDICATED IN ORDERS. IS NOT ENTITLED TO ANY TRAVEL EXPENSES. SERGEANT BRAUCH WAS TRANSFERRED FROM FORT DIX. HIS NAME WAS DELETED FROM THE ORDERS OF JANUARY 23. SERGEANT BRAUCH WAS DETACHED AT FORT DIX ON JANUARY 26. IT APPEARS TO BE HIS CONTENTION THAT ONLY SO MUCH OF THE DELAY EN ROUTE AS WAS TO BE CHARGED AS LEAVE. PROVIDES THAT WHEN LEAVE OR "DELAY" PRIOR TO REPORTING TO NEW STATION IS AUTHORIZED THE AMOUNT OF SUCH LEAVE OR "DELAY" WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

B-117020, JANUARY 12, 1954, 33 COMP. GEN. 289

TRAVEL ORDERS - MILITARY, NAVAL, ETC., PERSONNEL - LEAVE AND TRAVEL TIME - EFFECTIVE DATE OF TRAVEL ORDERS A MEMBER OF THE UNIFORMED SERVICES, WHOSE CHANGE OF STATION ORDERS WHICH AUTHORIZED LEAVE EN ROUTE PLUS SUFFICIENT TRAVEL TIME TO PERMIT TRAVEL BY PRIVATELY OWNED AUTOMOBILE FOR MEMBER'S CONVENIENCE WERE CANCELED SUBSEQUENT TO DATE MEMBER DEPARTED FOR NEW STATION, BUT PRIOR TO DATE MEMBER WOULD HAVE BEEN REQUIRED TO DEPART BY RAIL IN ORDER TO REACH NEW STATION ON DATE INDICATED IN ORDERS, IS NOT ENTITLED TO ANY TRAVEL EXPENSES.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL D. F. BOICHOT, DEPARTMENT OF THE ARMY, JANUARY 12, 1954:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST ENDORSEMENT DATED SEPTEMBER 10, 1953, YOUR LETTER OF AUGUST 25, 1953, WITH ENCLOSURES, REQUESTING REVIEW OF EXCEPTIONS TO PAYMENTS MADE TO SERGEANT FIRST CLASS JOSEPH E. BRAUCH, ON VOUCHERS 14546, 14547, AND 14551, IN YOUR MARCH 1952 ACCOUNTS.

BY ORDERS DATED JANUARY 23, 1952, SERGEANT BRAUCH WAS TRANSFERRED FROM FORT DIX, NEW JERSEY, TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER MOVEMENT OVERSEAS. THE ORDERS AUTHORIZED 13 DAYS' DELAY EN ROUTE TO COUNT AS LEAVE PLUS 12 DAYS' TRAVEL TIME TO PERMIT TRAVEL BY PRIVATELY OWNED AUTOMOBILE, AND DIRECTED HIM TO REPORT TO THE COMMANDING OFFICER AT CAMP STONEMAN ON FEBRUARY 20, 1952. BY ORDERS DATED FEBRUARY 13, 1953, HIS NAME WAS DELETED FROM THE ORDERS OF JANUARY 23, 1952. SERGEANT BRAUCH WAS DETACHED AT FORT DIX ON JANUARY 26, 1952, AND TRAVELED TO CAMP STONEMAN BETWEEN THAT DATE AND FEBRUARY 20, 1952. HIS WIFE TRAVELED FROM FORT DIX, NEW JERSEY, TO HEWITT, MINNESOTA, JANUARY 26 TO 31, 1952, AND RETURNED TO FORT DIX, FEBRUARY 27 TO MARCH 3, 1952. IT APPEARS TO BE HIS CONTENTION THAT ONLY SO MUCH OF THE DELAY EN ROUTE AS WAS TO BE CHARGED AS LEAVE, TO THE EXCLUSION OF DELAY RESULTING FROM TRAVEL BY PRIVATELY OWNED AUTOMOBILE, SHOULD BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS, ON WHICH BASIS HE WOULD BE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL IN QUESTION.

PARAGRAPH 3003B, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN LEAVE OR "DELAY" PRIOR TO REPORTING TO NEW STATION IS AUTHORIZED THE AMOUNT OF SUCH LEAVE OR "DELAY" WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. IT CONSISTENTLY HAS BEEN HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. UNDER CIRCUMSTANCES WHERE AN OFFICER IS GRANTED LEAVE OR IS OTHERWISE AUTHORIZED TO DELAY IN PERFORMANCE OF THE DIRECTED TRAVEL, WHICH WOULD INCLUDE THE DELAY RESULTING FROM ADDITIONAL TRAVEL TIME NECESSARILY GRANTED TO ENABLE HIM TO TRAVEL BY AUTOMOBILE FOR HIS OWN CONVENIENCE AND PLEASURE AS DISTINGUISHED FROM TIME CONSUMED IN TRAVEL BY AUTOMOBILE UNDER ORDERS DIRECTING SUCH TRAVEL AS MORE ADVANTAGEOUS TO THE GOVERNMENT, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED, UNTIL EXPIRATION OF SUCH LEAVE OR DELAY, AND IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES THEREOF MUST BE BORNE BY THE TRAVELER CONCERNED. SEE 8 COMP. GEN. 524; 9 ID. 315; B-70033 DATED DECEMBER 15, 1947, AND B-100104 DATED JANUARY 2, 1951. NOTHING APPEARS IN SAID PARAGRAPH 3003B OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, WHICH REQUIRED ANY MODIFICATION OF THIS LONG ESTABLISHED RULE. FURTHER, THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS CITED BY SERGEANT BRAUCH (PARAGRAPH 4150, CHANGE 1, GIVING THE TRAVELER AN ELECTION AS TO THE SEVERAL FORMS OF ALLOWANCES PROVIDED FOR PERMANENT CHANGE OF STATION TRAVEL; PARAGRAPH 4153, CHANGE 1, CASE 16, PROVIDING THAT LEAVE OF ABSENCE IN CONNECTION WITH A CHANGE OF STATION SHALL NOT AFFECT A MEMBER'S CHANGE OF STATION ALLOWANCES; AND PARAGRAPH 7005 FIXING THE POINTS BETWEEN WHICH OTHERWISE AUTHORIZED TRAVEL MAY BE PERFORMED BY DEPENDENTS OF MEMBER TRANSFERRED TO A RESTRICTED AREA) HAVE NO BEARING UPON A DETERMINATION OF THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS.

SINCE SERGEANT BRAUCH WOULD NOT HAVE BEEN REQUIRED TO DEPART FORT DIX BY RAIL UNTIL FEBRUARY 16, 1952, IN ORDER TO REPORT TO CAMP STONEMAN ON FEBRUARY 20, 1952, AND SINCE HIS ORIGINAL ORDERS WERE CANCELED BY ORDERS ISSUED ON FEBRUARY 13, 1952, AT FORT DIX, THERE WAS NO AUTHORITY FOR PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL PERFORMED BY HIM AND HIS WIFE. ACCORDINGLY, THE EXCEPTIONS ARE CORRECT.