B-121765, FEB 2, 1955

B-121765: Feb 2, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE FOLLOWING CIRCUMSTANCES ARE SET FORTH IN YOUR LETTER OF SEPTEMBER 14. YOU WERE NOTIFIED EARLY IN JULY OF THE APPROVAL OF YOUR REQUEST FOR ACTIVE DUTY FOR TRAINING WITH PAY AT THE SPECIAL DEVICES CENTER. YOU WERE NOTIFIED THAT ORDERS WOULD BE RECEIVED APPROXIMATELY TWO WEEKS PRIOR TO THE COMMENCING DATE. WHILE AT FANWOOD YOU WERE ADVISED BY TELEPHONE THAT THE WRITING OF YOUR ORDERS HAD BEEN DELAYED. YOU RECEIVED THE ORDERS ON AUGUST 6 AND WERE GIVEN A PHYSICAL EXAMINATION AT PORT NEWARK. YOU APPEAR TO HAVE BEEN PAID MILEAGE ONLY FROM FANWOOD TO PORT WASHINGTON AND THENCE TO AUSTIN. PARAGRAPH 044735-1A OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT MEMBERS OF THE NAVAL RESERVE ON TRAINING DUTY WITH PAY ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD OF TRAINING DUTY PLUS THE TIME REQUIRED TO TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACE FROM WHICH ORDERED TO THE PLACE OF REPORTING FOR DUTY.

B-121765, FEB 2, 1955

PRECIS-UNAVAILABLE

COMMANDER GILBERT H. AYRES, USNR:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 14, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED AUGUST 31, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE AND PAY AND ALLOWANCES OVER THAT PREVIOUSLY RECEIVED BY YOU INCIDENT TO TRAVEL PERFORMED DURING THE PERIOD AUGUST 1 TO 9, 1953, IN CONNECTION WITH YOUR REPORTING AS A NAVAL RESERVE OFFICER FOR ACTIVE DUTY FOR TRAINING UNDER ORDERS OF THE COMMANDANT, EIGHTH NAVAL DISTRICT, DATED AUGUST 5, 1953.

THE FOLLOWING CIRCUMSTANCES ARE SET FORTH IN YOUR LETTER OF SEPTEMBER 14, 1953, TO THE COMMANDANT, EIGHTH NAVAL DISTRICT. YOU WERE NOTIFIED EARLY IN JULY OF THE APPROVAL OF YOUR REQUEST FOR ACTIVE DUTY FOR TRAINING WITH PAY AT THE SPECIAL DEVICES CENTER, PORT WASHINGTON, NEW YORK, BEGINNING AUGUST 9, 1953. ALSO, YOU WERE NOTIFIED THAT ORDERS WOULD BE RECEIVED APPROXIMATELY TWO WEEKS PRIOR TO THE COMMENCING DATE. ON AUGUST 1, NOT HAVING RECEIVED YOUR ORDERS BUT DESIRING TO LEAVE EARLY ENOUGH TO TRAVEL BY AUTOMOBILE, YOU LEFT YOUR HOME AT AUSTIN, TEXAS, AND PROCEEDED TO FANWOOD, NEW JERSEY, LEAVING WORD AT YOUR HOME THAT THE ORDERS SHOULD BE FORWARDED TO YOU THERE. WHILE AT FANWOOD YOU WERE ADVISED BY TELEPHONE THAT THE WRITING OF YOUR ORDERS HAD BEEN DELAYED, BUT THAT THEY HAD BEEN MAILED TO YOU AT FANWOOD ON THE AFTERNOON OF AUGUST 5 VIA AIR MAIL. YOU RECEIVED THE ORDERS ON AUGUST 6 AND WERE GIVEN A PHYSICAL EXAMINATION AT PORT NEWARK, NEW JERSEY, ON AUGUST 7 AND REPORTED AT PORT WASHINGTON FOR DUTY ON AUGUST 9, 1953. UPON THE COMPLETION OF THE DUTY YOU LEFT PORT WASHINGTON ON AUGUST 22 AND RETURNED TO YOUR HOME ON AUGUST 27, 1953.

A COMMUNICATION FROM THE COMMANDANT, EIGHTH NAVAL DISTRICT, DATED DECEMBER 23, 1953, PURPORTS TO CORRECT THE ORDERS OF AUGUST 5, 1953, TO INCLUDE THE STATEMENT "CONFIRMING VERBAL ORDERS OF 22 JULY 1953." YOU APPEAR TO HAVE BEEN PAID MILEAGE ONLY FROM FANWOOD TO PORT WASHINGTON AND THENCE TO AUSTIN, AND PAY AND ALLOWANCES INCIDENT TO TRAVEL ONLY FOR TRAVEL TIME NECESSARY BETWEEN THOSE POINTS, MILEAGE AND PAY AND ALLOWANCES FOR THE TRAVEL FROM AUSTIN TO FANWOOD BEING DENIED AS NOT INCIDENT TO THE PERFORMANCE OF TRAVEL UNDER ORDERS.

PARAGRAPH 044735-1A OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT MEMBERS OF THE NAVAL RESERVE ON TRAINING DUTY WITH PAY ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD OF TRAINING DUTY PLUS THE TIME REQUIRED TO TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACE FROM WHICH ORDERED TO THE PLACE OF REPORTING FOR DUTY, AND RETURN. PARAGRAPH 6000-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS CALLED TO OR RELEASED FROM ACTIVE DUTY FOR TRAINING WITH PAY, WHEN NEITHER TRANSPORTATION NOR SUBSISTENCE IS FURNISHED, SHALL BE ENTITLED TO A MILEAGE ALLOWANCE OF SIX CENTS PER MILE FOR THE OFFICIAL DISTANCE FROM THE PLACE TO WHICH ORDERS ARE ADDRESSED OR RECEIVED, WHICHEVER IS NEARER, TO THE TRAINING DUTY POINT, AND FROM THE PLACE OF RELEASE FROM TRAINING DUTY TO THE PLACE TO WHICH THE ORDERS ARE ADDRESSED. PARAGRAPH 3000 OF THE REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS COMPETENT ORDERS HAVE BEEN ISSUED FOR THE TRAVEL, AND THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED WHEN THE TRAVEL IS PERFORMED IN ANTICIPATION OF OR PRIOR TO RECEIPT OF ORDERS. SUCH REGULATIONS CLEARLY PRECLUDE PAYMENT OF ACTIVE DUTY PAY AND ALLOWANCES AND OF REIMBURSEMENT FOR TRAVEL PERFORMED IN ANTICIPATION OF ORDERS AND PRIOR TO THEIR ACTUAL ISSUANCE.

PARAGRAPH 3002-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT "A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS." HOWEVER, THAT REGULATION WOULD NOT APPEAR TO AFFORD PROPER AUTHORITY FOR THE RECOGNITION OF THE CORRECTION OF YOUR ORDERS OF AUGUST 5, 1953, TO SHOW THAT THEY WERE ISSUED IN CONFIRMATION OF VERBAL ORDERS OF JULY 22, 1953, SINCE THERE IS NO INDICATION THAT YOU PROCEEDED FROM YOUR HOME IN COMPLIANCE WITH VERBAL ORDERS. ON THE CONTRARY, IT SEEMS CLEAR THAT YOU PROCEEDED SOLELY ON YOUR OWN INITIATIVE SO THAT YOU MIGHT TRAVEL BY AUTOMOBILE. ALSO, IT DOES NOT APPEAR THAT THERE COULD HAVE BEEN AUTHORITY TO ISSUE ORDERS, VERBAL OR WRITTEN, PRIOR TO AUGUST 5 INASMUCH AS IT IS INDICATED THAT THE SECURITY CLEARANCE WHICH APPARENTLY WAS REQUIRED PRIOR TO ORDERING YOU TO THE TRAINING DUTY CONTEMPLATED WAS NOT COMPLETED UNTIL THAT DATE.

SINCE YOU PERFORMED TRAVEL FROM YOUR HOME IN AUSTIN TO FANWOOD PRIOR TO THE ISSUANCE OF THE ORDERS OF AUGUST 5, 1953, AND IN ANTICIPATION OF SUCH ORDERS, THERE IS NO AUTHORITY FOR PAYMENT OF THE ADDITIONAL AMOUNTS CLAIMED FOR TRAVEL PERFORMED PRIOR TO THAT DATE. ACCORDINGLY, THE SETTLEMENT OF AUGUST 31, 1954, IS SUSTAINED.

THE ORIGINAL ORDERS OF AUGUST 5, 1953, INADVERTENTLY RETAINED IN THIS OFFICE WHEN YOUR CLAIM WAS SETTLED, ARE RETURNED HEREWITH.