B-121770, MAR 25, 1955

B-121770: Mar 25, 1955

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JR.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17. YOU WERE FURTHER DIRECTED TO "EFFECT YOUR PROMOTION" TO THE GRADE OF LIEUTENANT PRIOR TO REPORTING FOR ACTIVE DUTY. ENDORSEMENTS ON THESE ORDERS SHOW THAT THEY WERE RECEIVED ON NOVEMBER 1. THAT YOU WERE EXAMINED AND FOUND PHYSICALLY QUALIFIED FOR ACTIVE DUTY ON NOVEMBER 4. WHEN AN OFFICER COMMENCES OFFICIALLY DIRECTED TRAVEL AND HIS ORDERS ARE CANCELED EN ROUTE. HE IS ENTITLED TO MILEAGE TO THE POINT ON THE OFFICIAL ROUTE TO WHICH HE HAD PROCEEDED AT THE TIME HE RECEIVED NOTICE OF THE CANCELATION. WHILE IT MAY BE THAT THERE WAS NOT SUFFICIENT TIME FOR THE CANCELATION OF JANUARY 30. TO HAVE REACHED YOU AT SAN FRANCISCO PRIOR TO THE TIME YOU WOULD HAVE BEEN REQUIRED TO COMMENCE TRAVEL BY PRIVATELY OWNED CONVEYANCE IN ORDER TO REPORT AT MIAMI ON FEBRUARY 15.

B-121770, MAR 25, 1955

PRECIS-UNAVAILABLE

MR. HENRY E. BRUNHOFF, JR.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17, 1954, RELATIVE TO SETTLEMENT OF JUNE 24, 1954, WHICH ALLOWED $12.22 AS PAY AND ALLOWANCES FOR NOVEMBER 4, 1952, ON YOUR CLAIM FOR MILEAGE FROM SAN FRANCISCO, CALIFORNIA, TO STERLING, COLORADO, AND RETURN, AND FOR ACTIVE-DUTY PAY AND ALLOWANCES FOR THE NECESSARY TRAVEL TIME INVOLVED, IN CONNECTION WITH ACTIVE-DUTY ORDERS OF OCTOBER 24, 1952.

THE ORDERS OF OCTOBER 24, 1952, ADDRESSED TO YOU AS LIEUTENANT (JG), USNR, AT SAN FRANCISCO, CALIFORNIA, DIRECTED YOU TO PROCEED AND REPORT FOLLOWING PHYSICAL EXAMINATION SHOWING PHYSICAL QUALIFICATION FOR ACTIVE DUTY - TO THE COMMANDING OFFICER, NAVAL AIR RESERVE TRAINING UNIT, MARINE CORPS AIR STATION, MIAMI, FLORIDA, ON FEBRUARY 15, 1953, TRAVEL BY PRIVATELY OWNED CONVEYANCE BEING AUTHORIZED. YOU WERE FURTHER DIRECTED TO "EFFECT YOUR PROMOTION" TO THE GRADE OF LIEUTENANT PRIOR TO REPORTING FOR ACTIVE DUTY, PROVIDED YOU HAD EARNED THE REQUIRED NUMBER OF PROMOTION POINTS. ENDORSEMENTS ON THESE ORDERS SHOW THAT THEY WERE RECEIVED ON NOVEMBER 1, 1952, AND THAT YOU WERE EXAMINED AND FOUND PHYSICALLY QUALIFIED FOR ACTIVE DUTY ON NOVEMBER 4, 1952. A COMMUNICATION FROM THE CHIEF OF NAVAL PERSONNEL DATED JANUARY 30, 1953, ADDRESSED TO YOU AT STERLING, COLORADO, CANCELED THE UNEXECUTED PORTION OF THE ORDERS. YOU STATE THAT YOU TRAVELED BY AUTOMOBILE FROM SAN FRANCISCO TO STERLING DURING THE PERIOD JANUARY 14 TO 17, 1953, AND THAT YOU TRAVELED BACK TO SAN FRANCISCO UPON RECEIPT OF THE CANCELATION OF THE ACTIVE-DUTY ORDERS.

ORDINARILY, WHEN AN OFFICER COMMENCES OFFICIALLY DIRECTED TRAVEL AND HIS ORDERS ARE CANCELED EN ROUTE, HE IS ENTITLED TO MILEAGE TO THE POINT ON THE OFFICIAL ROUTE TO WHICH HE HAD PROCEEDED AT THE TIME HE RECEIVED NOTICE OF THE CANCELATION, AND RETURN TO THE POINT OF ORIGIN. WHILE IT MAY BE THAT THERE WAS NOT SUFFICIENT TIME FOR THE CANCELATION OF JANUARY 30, 1953, TO HAVE REACHED YOU AT SAN FRANCISCO PRIOR TO THE TIME YOU WOULD HAVE BEEN REQUIRED TO COMMENCE TRAVEL BY PRIVATELY OWNED CONVEYANCE IN ORDER TO REPORT AT MIAMI ON FEBRUARY 15, 1953, IF IT HAD BEEN MAILED TO YOU AT THAT PLACE, IT APPEARS THAT YOU LEFT SAN FRANCISCO FOR PERSONAL REASONS - POSSIBLY RELATING TO THE BIRTH OF YOUR THIRD CHILD AT DENVER, COLORADO, ON JANUARY 10, 1953 - ABOUT THREE WEEKS BEFORE TRAVEL TO MIAMI WAS REQUIRED TO BE COMMENCED.

IT IS UNDERSTOOD THAT YOU REQUESTED CANCELATION OF YOUR ORDERS ON JANUARY 18, 1953, FROM STERLING, FOR REASONS OF HARDSHIP, AND THAT YOU REQUESTED THAT NOTICE OF THE ACTION TAKEN ON YOUR REQUEST BE FORWARDED TO YOU AT STERLING. WHILE THE CHIEF OF NAVAL PERSONNEL HAS STATED THAT THE CANCELATION WAS ADDRESSED TO YOU AT STERLING RATHER THAN TO SAN FRANCISCO, SINCE THERE WAS NOT SUFFICIENT TIME FOR SUCH CANCELATION TO HAVE BEEN RECEIVED BY YOU AT SAN FRANCISCO PRIOR TO THE TIME TRAVEL TO MIAMI WAS REQUIRED TO BE COMMENCED, IT WOULD SEEM THAT THE CANCELATION WAS MAILED TO YOU AT STERLING RATHER THAN SAN FRANCISCO BECAUSE THE BUREAU OF NAVAL PERSONNEL KNEW THAT YOU THEN WERE IN STERLING, AND THAT NOTICE OF THE CANCELATION WOULD REACH YOU IN TIME TO PREVENT FURTHER TRAVEL TO MIAMI, AS PROBABLY WOULD NOT HAVE BEEN THE CASE IF IT HAD BEEN MAILED TO SAN FRANCISCO. IF YOU HAD REQUESTED CANCELATION OF THE ORDERS PRIOR TO LEAVING SAN FRANCISCO AND HAD NOT BEEN NOTIFIED OF THE CANCELATION BEFORE TRAVEL WAS REQUIRED, YOU WOULD HAVE BEEN IN A "TRAVEL STATUS" AS THAT TERM IS DEFINED IN PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, AND THUS ENTITLED TO REIMBURSEMENT FOR TRAVEL TO THE PLACE AT WHICH YOU RECEIVED NOTICE OF THE CANCELATION, AND RETURN. HOWEVER, YOU LEFT SAN FRANCISCO PREMATURELY AND FOR PERSONAL REASONS AND SINCE YOU WERE NOTIFIED OF THE CANCELATION OF YOUR ORDERS AT THE PLACE FROM WHICH YOU REQUESTED SUCH CANCELATION, THE TRAVEL FROM SAN FRANCISCO TO STERLING, AND RETURN, CANNOT BE REGARDED AS HAVING BEEN "UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS," WITHIN THE MEANING OF PARAGRAPH 3050-1, AND NO RIGHT TO MILEAGE ACCRUED TO YOU FOR SUCH TRAVEL.

CONCERNING YOUR CONTENTION THAT YOU SHOULD BE PAID THE PAY AND ALLOWANCES OF A LIEUTENANT RATHER THAN A LIEUTENANT, JUNIOR GRADE, YOU ARE ADVISED THAT SETTLEMENT WAS ISSUED ON THE BASIS OF THE LATTER PAY SINCE BOTH THE ORDERS OF OCTOBER 24, 1952, AND THE CANCELATION OF JANUARY 30, 1953, WERE ADDRESSED TO YOU AS "LTJC" AND THE RECORD BEFORE THIS OFFICE CONTAINED NO INFORMATION SHOWING YOUR PROMOTION TO LIEUTENANT. UPON RECEIPT OF YOUR LETTER STATING THAT YOU WERE SO PROMOTED ON OCTOBER 21, 1952, A REPORT ON THE MATTER WAS REQUESTED FROM THE BUREAU OF NAVAL PERSONNEL. REPLY DATED OCTOBER 6, 1954, STATES THAT SECNAV LETTER OF NOVEMBER 1, 1951, AUTHORIZED YOUR PROMOTION AND THAT YOU ACCEPTED SUCH PROMOTION ON NOVEMBER 3, 1952. HOWEVER, INFORMATION RECEIVED INFORMALLY SINCE THAT TIME IS THAT YOUR ACCEPTANCE OF APPOINTMENT BEARS NO DATE, BUT THAT THE ENDORSEMENT FORWARDING IT TO THE BUREAU OF NAVAL PERSONNEL WAS DATED NOVEMBER 31, 1952, WITH THE FIGURE "1" STRICKEN OUT.

PARAGRAPH 15, NAVAL RESERVE MULTIPLE ADDRESS LETTER NO. 30-50, AUGUST 1, 1950, PROVIDES THAT:

"PROMOTION AUTHORITIES ISSUED SUBSEQUENT TO 1 JULY 1950, WILL, BY THEIR OWN TERMS, TERMINATE ONE YEAR FROM THE DATE OF ISSUE, IF NOT ACCEPTED AS PRESCRIBED HEREIN. ONLY IN EXTREME CIRCUMSTANCES WILL APPOINTMENTS BE LATER ISSUED. OFFICERS FAILING TO QUALIFY PRIOR TO THE TERMINAL DATE WILL NO LONGER BE ELIGIBLE FOR PROMOTION."

WHILE THE ORDERS OF OCTOBER 24 DIRECTED YOU TO "EFFECT YOUR PROMOTION" - PRESUMABLY BY ACCEPTING THE LIEUTENANCY APPOINTMENT - IT ALSO WAS STATED THAT SUCH ORDERS DID NOT CONSTITUTE AUTHORITY FOR PROMOTION, AND IN NO WAY EXTENDED THE DATE OF ACCEPTING APPOINTMENT BEYOND THAT REFERRED TO IN YOUR APPOINTMENT TO THE NEXT HIGHER GRADE. WHILE IT MAY BE THAT YOU ACCEPTED SUCH APPOINTMENT ON OCTOBER 21, 1952, THERE APPEARS TO BE NO OFFICIAL RECORD OF SUCH ACTION AND, SINCE THERE IS NOTHING WHICH SHOWS THAT YOU ACCEPTED THE APPOINTMENT AS LIEUTENANT WITHIN THE TIME PROVIDED IN THE QUOTED REGULATIONS, THIS OFFICE MUST ASSUME THAT YOU WERE A LIEUTENANT, JUNIOR GRADE, ON NOVEMBER 4, 1952.

ON THE PRESENT RECORD THE SETTLEMENT OF JUNE 24, 1954, IS SUSTAINED.