B-117722, DEC 23, 1953

B-117722: Dec 23, 1953

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THE MEMBER WAS GRANTED 20 DAYS' EMERGENCY LEAVE FROM APRIL 16. IT APPEARS THAT THE MEMBER WHILE ON LEAVE VISITED THE OFFICE OF THE ADJUTANT GENERAL TO INQUIRE AS TO THE STATUS OF HIS REQUEST FOR REASSIGNMENT AND THAT HE WAS FURNISHED A COPY OF THE MESSAGE. ORDERS EFFECTING HIS TRANSFER WERE ISSUED ON APRIL 28. WERE MAILED TO HIM AT THE DALLAS ADDRESS. IT IS STATED THAT A TELEGRAM WAS SENT TO THAT ADDRESS NOTIFYING HIM OF THE ISSUANCE OF THE ORDERS. HE WAS PAID MILEAGE FOR TRAVEL FROM DALLAS TO FORT SAM HOUSTON. PROVIDES THAT WHEN A MEMBER'S STATION IS CHANGED WHILE ON LEAVE. HE WILL BE ENTITLED TO TRAVEL ALLOWANCE FROM THE PLACE WHERE HE RECEIVED THE ORDERS DIRECTING THE CHANGE NOT TO EXCEED THE DISTANCE FROM THE OLD TO THE NEW STATION UNLESS THE MEMBER CHOOSES TO RETURN TO THE OLD STATION WHILE IN A LEAVE STATUS AND SUBSEQUENTLY TRAVELS FROM THE OLD STATION TO THE NEW UNDER THE ORDERS.

B-117722, DEC 23, 1953

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL R. J. TROUT, FC, U. S. ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST INDORSEMENT DATED NOVEMBER 13, 1953, YOUR LETTER OF OCTOBER 9, 1953, PRESENTING VOUCHER IN FAVOR OF MASTER SERGEANT HUGH P. YARBER, (RO 20414317), IN THE SUM OF $91.26, REPRESENTING MILEAGE FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO FORT SAM HOUSTON, TEXAS, NOT TO EXCEED THE DISTANCE FROM PRESIDIO OF MONTEREY, CALIFORNIA, TO FORT SAM HOUSTON, LESS THE SUM OF $17.46, PREVIOUSLY PAID ON THE BASIS OF THE DISTANCE FROM DALLAS, TEXAS, TO FORT SAM HOUSTON, TEXAS.

BY ORDERS DATED APRIL 15, 1953, HEADQUARTERS, ARMY LANGUAGE SCHOOL, PRESIDIO OF MONTEREY, THE MEMBER WAS GRANTED 20 DAYS' EMERGENCY LEAVE FROM APRIL 16, TO MAY 6, 1953, IT BEING STATED THAT HIS ADDRESS ON LEAVE WOULD BE FORT MYER, VIRGINIA. BY MESSAGE DATED APRIL 23, 1953, THE ADJUTANT GENERAL DIRECTED THE COMMANDANT OF THE SAID SCHOOL TO ISSUE ORDERS TRANSFERRING THE MEMBER TO FORT SAM HOUSTON FOR COMPASSIONATE REASONS AT EXPIRATION OF HIS EMERGENCY LEAVE, IT BEING FURTHER STATED THAT COPIES OF THE ORDERS SHOULD BE FURNISHED TO HIM AT 2459 GARAPAN DRIVE, DALLAS, TEXAS. IT APPEARS THAT THE MEMBER WHILE ON LEAVE VISITED THE OFFICE OF THE ADJUTANT GENERAL TO INQUIRE AS TO THE STATUS OF HIS REQUEST FOR REASSIGNMENT AND THAT HE WAS FURNISHED A COPY OF THE MESSAGE. ORDERS EFFECTING HIS TRANSFER WERE ISSUED ON APRIL 28, 1953, AND WERE MAILED TO HIM AT THE DALLAS ADDRESS. ALSO, IT IS STATED THAT A TELEGRAM WAS SENT TO THAT ADDRESS NOTIFYING HIM OF THE ISSUANCE OF THE ORDERS. HE WAS PAID MILEAGE FOR TRAVEL FROM DALLAS TO FORT SAM HOUSTON. HOWEVER, IT APPEARS THAT WHILE ON LEAVE IN SAN FRANCISCO, HE RECEIVED ADVICE BY TELEPHONE FROM RELATIVES AT HIS DALLAS ADDRESS THAT THE ORDERS ACTUALLY HAD ISSUED.

PARAGRAPH 4153, CASE 14, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN A MEMBER'S STATION IS CHANGED WHILE ON LEAVE, HE WILL BE ENTITLED TO TRAVEL ALLOWANCE FROM THE PLACE WHERE HE RECEIVED THE ORDERS DIRECTING THE CHANGE NOT TO EXCEED THE DISTANCE FROM THE OLD TO THE NEW STATION UNLESS THE MEMBER CHOOSES TO RETURN TO THE OLD STATION WHILE IN A LEAVE STATUS AND SUBSEQUENTLY TRAVELS FROM THE OLD STATION TO THE NEW UNDER THE ORDERS.

WHILE THE MEMBER DID NOT RETURN TO HIS OLD STATION, IT APPEARS THAT AFTER HIS ORDERS WERE ISSUED AND AFTER HE HAD RECEIVED KNOWLEDGE OF THEIR EXISTENCE IN SAN FRANCISCO, HE TRAVELED FROM THAT CITY TO HIS NEW STATION. ACCORDINGLY, HE IS ENTITLED TO MILEAGE FOR TRAVEL FROM SAN FRANCISCO TO HIS NEW STATION, NOT TO EXCEED FROM HIS OLD STATION TO HIS NEW STATION, LESS THE PRIOR PAYMENT. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.