B-123157, SEP. 2, 1955

B-123157: Sep 2, 1955

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KATZ: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3. YOU WERE ORDERED TO REPORT TO YOUR COMMANDING OFFICER FOR TEMPORARY DUTY IN CONNECTION WITH YOUR SEPARATION PROCESSING. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE AT MIDNIGHT ON JULY 24. IT IS STATED ON THAT ENDORSEMENT THAT YOU CERTIFIED THAT YOU WERE ORDERED TO ACTIVE DUTY FROM LOS ANGELES. THAT YOUR HOME OF RECORD WHEN SO ORDERED WAS REVERE. IN THAT CONNECTION THE PLACE ORIGINALLY NAMED AND TYPED ON THE ENDORSEMENT WAS LOS ANGELES. SUCH PLACE WAS CROSSED OUT AND THERE WAS INSERTED. TRAVEL BY PRIVATE CONVEYANCE WAS AUTHORIZED IN THE BASIC ORDERS. IN VIEW OF THE DOUBT AS TO YOUR ACTUAL HOME OF RECORD WHEN YOU WERE ORDERED TO ACTIVE DUTY ON JULY 21.

B-123157, SEP. 2, 1955

TO MR. GEORGE L. KATZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3, 1955, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES FOR TRAVEL TIME INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A LIEUTENANT, UNITED STATES NAVAL RESERVE, IN JULY 1952.

BY ORDERS OF THE CHIEF OF NAVAL PERSONNEL DATED MAY 14, 1952, YOU WERE ORDERED TO REPORT TO YOUR COMMANDING OFFICER FOR TEMPORARY DUTY IN CONNECTION WITH YOUR SEPARATION PROCESSING. BY THIRD ENDORSEMENT DATED JULY 24, 1952, UNITED STATES PACIFIC FLEET, AIR FORCE, FLAG ADMINISTRATIVE UNIT, SEPARATION CENTER, SAN DIEGO, CALIFORNIA, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE AT MIDNIGHT ON JULY 24, 1952. IT IS STATED ON THAT ENDORSEMENT THAT YOU CERTIFIED THAT YOU WERE ORDERED TO ACTIVE DUTY FROM LOS ANGELES, CALIFORNIA, AND THAT YOUR HOME OF RECORD WHEN SO ORDERED WAS REVERE, MASSACHUSETTS. IN THAT CONNECTION THE PLACE ORIGINALLY NAMED AND TYPED ON THE ENDORSEMENT WAS LOS ANGELES, CALIFORNIA. HOWEVER, SUCH PLACE WAS CROSSED OUT AND THERE WAS INSERTED, IN PEN AND INK,"REVERE, MASS.' NO EXPLANATION APPEARS ON THE ENDORSEMENT TO JUSTIFY THIS CORRECTION. TRAVEL BY PRIVATE CONVEYANCE WAS AUTHORIZED IN THE BASIC ORDERS.

IN VIEW OF THE DOUBT AS TO YOUR ACTUAL HOME OF RECORD WHEN YOU WERE ORDERED TO ACTIVE DUTY ON JULY 21, 1950, THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, WAS REQUESTED TO REPORT ON THE MATTER AND IN LETTER DATED AUGUST 3, 1955, REPORTED AS FOLLOWS:

"REFERENCE IS MADE TO YOUR LETTER B-123157 OF 21 JULY 1955 REQUESTING VERIFICATION OF THE HOME OF RECORD AND DATE OF RELEASE FROM ACTIVE DUTY OF LIEUTENANT GEORGE L. KATZ, U.S. NAVAL RESERVE.

"THE RECORDS OF THE BUREAU SHOW THAT THE ABOVE OFFICER'S HOME OF RECORD UPON ENTRANCE INTO ACTIVE SERVICE ON 21 JULY 1950, WAS LOS ANGELES, CALIFORNIA, AND HE WAS RELEASED FROM ACTIVE DUTY EFFECTIVE 24 JULY 1952.'

SECTION 201/E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, PROVIDES THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES ORDERED TO ACTIVE DUTY IN EXCESS OF THIRTY DAYS, ACTIVE DUTY SHALL INCLUDE "THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS.' EXECUTIVE ORDER 10153, AUGUST 17, 1950, 15 F.R. 5492, PROMULGATED PURSUANT TO THAT SECTION, PROVIDES THAT WHEN TRAVEL BY PRIVATE CONVEYANCE IS SPECIFICALLY AUTHORIZED AND THE TRAVEL IS SO PERFORMED, THE TRAVEL TIME INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES TRAVELED AND ONE DAY FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES TRAVELED DURING ANY ONE DAY. SEE, ALSO, PARAGRAPH 54230-2A/1) OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL IN EFFECT AT THE TIME HERE INVOLVED. THE LAW AND THE REGULATIONS PERMIT ACTIVE-DUTY PAY AND ALLOWANCES FOR TRAVEL BY PRIVATELY-OWNED CONVEYANCE TO AN OFFICER'S HOME ONLY FOR THE PERIOD REQUIRED TO PERFORM SUCH TRAVEL NOT TO EXCEED THE TIME COMPUTED UNDER THE 300-MILE PER DAY FORMULA. SINCE YOUR HOME OF RECORD AS REPORTED BY THE BUREAU OF NAVAL PERSONNEL WAS LOS ANGELES, CALIFORNIA, AND SINCE YOU WERE RELEASED FROM ACTIVE DUTY AT SAN DIEGO, CALIFORNIA, ON JULY 24, 1952, THE DISTANCE BETWEEN THOSE TWO POINTS BEING ONLY 128 MILES, YOU WERE NOT ENTITLED TO ACTIVE-DUTY PAY AND ALLOWANCES FOR "TRAVEL PERFORMED" BETWEEN THOSE POINTS. YOUR PAY RECORD SHOWS YOU WERE PAID PAY AND ALLOWANCES FOR JULY 24, 1952.

ON YOUR ORIGINAL CLAIM YOU STATE "I WAS ACTUALLY NOT ABLE TO LEAVE THE NAS, SAN DIEGO UNTIL MONDAY 28 JULY 1952.' IN THAT CONNECTION, IN SUPPORT OF YOUR CLAIM FOR PAY AND ALLOWANCES FOR ALLEGED TRAVEL PERFORMED BY AUTOMOBILE FROM SAN DIEGO, CALIFORNIA, TO REVERE, MASSACHUSETTS, YOU FURNISHED AN ITINERARY SHOWING THAT YOU DEPARTED FROM SAN DIEGO, CALIFORNIA, ON JULY 25, 1952, AND ARRIVED AT SALT LAKE CITY, UTAH, ON JULY 28, 1952. NO EXPLANATION HAS BEEN FURNISHED TO EXPLAIN THIS DISCREPANCY.

YOUR PAY RECORD FOR THE PERIOD JULY 1 TO 24, 1952, SHOWS THAT YOU WERE PAID MILEAGE FROM SAN DIEGO, CALIFORNIA, TO REVERE, MASSACHUSETTS, IN THE AMOUNT OF $202.26, COMPUTED ON THE BASIS OF 3,371 MILES AT 6 CENTS PER MILE. PARAGRAPH 4153, CASE 9, JOINT TRAVEL REGULATIONS (CHANGE 1), ISSUED PURSUANT TO SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT WHEN A MEMBER OF THE UNIFORMED SERVICES IS RELEASED FROM EXTENDED ACTIVE DUTY UNDER HONORABLE CONDITIONS, HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, AS HE MAY ELECT. CASE 7, SAME PARAGRAPH, PROVIDES THAT MILEAGE IS PAYABLE UPON RELIEF FROM ACTIVE DUTY UNDER CONDITIONS PERMITTING SUCH PAYMENT, WHETHER OR NOT SUCH TRAVEL ACTUALLY IS PERFORMED. PARAGRAPH 1150-3 OF SUCH REGULATIONS STATES, INSOFAR AS IT IS PERTINENT HERE, THAT THE TERM "HOME" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. SINCE IT IS OFFICIALLY REPORTED THAT YOUR HOME OF RECORD WHEN YOU ENTERED UPON ACTIVE DUTY WAS LOS ANGELES, CALIFORNIA, AND SINCE YOU WERE ORDERED TO ACTIVE DUTY FROM LOS ANGELES, CALIFORNIA, YOU WERE ENTITLED TO MILEAGE AT THE RATE OF 6 CENTS PER MILE FOR THE DISTANCE FROM SAN DIEGO TO LOS ANGELES, CALIFORNIA, ONLY, A DISTANCE OF 128 MILES, OR $7.68. SINCE YOU WERE PAID MILEAGE INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE AMOUNT OF $202.26, YOU WERE OVERPAID THE SUM OF $194.58 (DIFFERENCE BETWEEN $202.26 AND $7.68) THUS RESULTING IN AN INDEBTEDNESS TO THE UNITED STATES. HENCE, THE SUM OF $194.58 SHOULD BE REMITTED TO OUR OFFICE BY CHECK, DRAFT, OR MONEY ORDERS, PAYABLE TO THE TREASURER OF THE UNITED STATES.