B-119185, JUN 8, 1954

B-119185: Jun 8, 1954

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SIMMONS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9. YOU WERE RETURNED TO THE UNITED STATES. THE ORDERS STATED THAT YOUR PERMANENT STATUS WAS "ENLISTED MAN. " AND THAT YOU WERE ENTITLED TO TRAVEL ALLOWANCE FROM SAN FRANCISCO. YOU TRAVELED BETWEEN THOSE POINTS AND WERE PAID $245.41 (VOUCHER 1051. SUBSEQUENTLY YOUR MILEAGE WAS RECOMPUTED AS FOR TRAVEL OF AN ENLISTED MAN AND YOUR PAY ACCOUNT WAS CHECKED $72.66. YOU NOW HAVE FURNISHED ADDITIONAL EVIDENCE SHOWING THAT WHILE YOU WERE ON TERMINAL LEAVE AT OPA LOCKA THE BUREAU OF NAVAL PERSONNEL BY DISPATCH ORDERS DATED OCTOBER 9. IT LONG HAS BEEN ESTABLISHED THAT WHEN LEAVE OF ABSENCE IS GRANTED IN CONNECTION WITH CHANGE OF STATION ORDERS.

B-119185, JUN 8, 1954

PRECIS-UNAVAILABLE

LIEUTENANT HAROLD S. SIMMONS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 27, 1950, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR YOUR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO OPA LOCKA, FLORIDA, PURSUANT TO ORDERS DATED JULY 22, 1946.

BY ORDERS DATED JULY 22, 1946, AS MODIFIED ON AUGUST 8, 1946, YOU WERE RETURNED TO THE UNITED STATES, DETACHED FROM DUTY AT SAN FRANCISCO, CALIFORNIA, AND RELEASED FROM ALL ACTIVE DUTY UPON EXPIRATION OF LEAVE ON OCTOBER 15, 1946. THE ORDERS STATED THAT YOUR PERMANENT STATUS WAS "ENLISTED MAN," AND THAT YOU WERE ENTITLED TO TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA, TO OPA LOCKA, FLORIDA. YOU TRAVELED BETWEEN THOSE POINTS AND WERE PAID $245.41 (VOUCHER 1051, OCTOBER 1946 ACCOUNTS OF T. C. NALLY) REPRESENTING MILEAGE FOR TRAVEL AS AN OFFICER. SUBSEQUENTLY YOUR MILEAGE WAS RECOMPUTED AS FOR TRAVEL OF AN ENLISTED MAN AND YOUR PAY ACCOUNT WAS CHECKED $72.66. YOU NOW HAVE FURNISHED ADDITIONAL EVIDENCE SHOWING THAT WHILE YOU WERE ON TERMINAL LEAVE AT OPA LOCKA THE BUREAU OF NAVAL PERSONNEL BY DISPATCH ORDERS DATED OCTOBER 9, 1946, CANCELLED THE UNEXECUTED PORTION OF YOUR RELEASE FROM ACTIVE DUTY ORDERS AND DIRECTED YOU TO PROCEED TO JACKSONVILLE, FLORIDA, AND REPORT TO THE CHIEF, NAVAL AIR ADVANCED TRAINING, NAVAL AIR STATION, JACKSONVILLE, FOR DUTY.

IT LONG HAS BEEN ESTABLISHED THAT WHEN LEAVE OF ABSENCE IS GRANTED IN CONNECTION WITH CHANGE OF STATION ORDERS, THE PERSON CONCERNED IS NOT REQUIRED FOR ANY OFFICIAL REASON TO PERFORM TRAVEL THEREUNDER UNTIL THE EXPIRATION OF THE LEAVE GRANTED. TRAVEL BEFORE THAT TIME FOR PERSONAL REASONS IS AT THE RISK OF HAVING HIS ORDERS OR TRAVEL REQUIREMENTS THEREUNDER MODIFIED, SO THAT ANY EXCESS TRAVEL INVOLVED MUST BE REGARDED AS TRAVEL ON LEAVE AND NOT ON OFFICIAL BUSINESS. 8 COMP. GEN. 524; 9 ID. 315; 19 ID. 217; AND 31 ID. 156. HENCE WHERE ORDERS DETACHING A NAVAL RESERVE OFFICER FROM ACTIVE DUTY AND DIRECTING HIM TO PROCEED TO HIS HOME FOR RELEASE FROM ACTIVE DUTY AT THE EXPIRATION OF HIS TERMINAL LEAVE WERE MODIFIED PRIOR TO THE EXPIRATION OF SUCH LEAVE BY ORDERS DIRECTING TRAVEL TO A NEW STATION FOR ACTIVE DUTY, THE OFFICER IS ENTITLED TO MILEAGE ONLY FROM THE STATION FROM WHICH DETACHED TO HIS NEW STATION. 26 COMP. GEN. 40. SINCE THE ONLY TRAVEL NECESSARY TO COMPLY WITH YOUR ORDERS AS MODIFIED WAS FROM SAN FRANCISCO, CALIFORNIA, TO JACKSONVILLE, FLORIDA, YOU BECAME ENTITLED TO MILEAGE FOR TRAVEL BETWEEN THOSE POINTS AS AN OFFICER (3059 MILES AT 8 CENTS PER MILE LESS 901 LAND GRANT MILES AT 3 CENTS PER MILE, OR $217.69). SINCE YOU WERE PAID IN THE NET AMOUNT OF $172.75 ($245.41 LESS $47.66), YOU ARE ENTITLED TO THE ADDITIONAL SUM OF $44.94, SETTLEMENT FOR WHICH WILL ISSUE IN DUE COURSE.