B-123540, FEB. 8, 1956

B-123540: Feb 8, 1956

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AT THE COMPLETION OF WHICH HE WAS TO PROCEED AND REPORT TO THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT FOR TRANSPORTATION TO HIS NEW STATION OVERSEAS. IT IS SHOWN THAT THE DISTANCE FROM HIS STATION TO THE UNIVERSITY OF SOUTHERN CALIFORNIA WAS 31 MILES AND ENDORSEMENTS ON HIS ORDERS INDICATE THAT THE PERIOD OF TEMPORARY DUTY WAS FROM MARCH 9 TO MAY 5. IT APPEARS THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE AT THE UNIVERSITY. PROVIDES THAT WHEN A MEMBER IS NOT STATIONED IN AN INCORPORATED CITY OR TOWN. HIS OFFICIAL STATION IS "THE RESERVATION. OR ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.'. IT IS UNDERSTOOD THAT THE LOS ALAMITOS NAVAL AIR STATION IS LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF LOS ANGELES.

B-123540, FEB. 8, 1956

TO MR. W. A. SPEER, JR., DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF OCTOBER 24, 1955, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF AUGUST 4, 1955, FOR ADVANCE DECISION AS TO THE RIGHT OF LIEUTENANT COMMANDER RICHARD B. SEGERBLOM, USN, TO REIMBURSEMENT OF EXPENSES OF TRAVEL AND TEMPORARY DUTY PERFORMED UNDER ORDERS OF MARCH 9, 1955, ISSUED BY THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, LOS ALAMITOS, LONG BEACH, CALIFORNIA.

THE ORDERS OF MARCH 9 DETACHED THE OFFICER FROM DUTY AT THE NAVAL AIR STATION AND DIRECTED HIM TO PROCEED TO THE UNIVERSITY OF SOUTHERN CALIFORNIA, LOS ANGELES, CALIFORNIA, AND REPORT FOR TEMPORARY DUTY UNDER INSTRUCTION IN FLIGHT SAFETY ENGINEERING COURSE FOR A PERIOD OF ABOUT EIGHT WEEKS, AT THE COMPLETION OF WHICH HE WAS TO PROCEED AND REPORT TO THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT FOR TRANSPORTATION TO HIS NEW STATION OVERSEAS. THE OFFICER STATES THAT HE TRAVELED FROM HIS HOME AT GARDEN GROVE, CALIFORNIA, TO THE UNIVERSITY OF SOUTHERN CALIFORNIA, AND RETURN, FIVE DAYS A WEEK (A ROUND TRIP DISTANCE OF 66 MILES) AND THAT THE DAILY TRAVEL COMMENCED AT 6:30 A.M. AND ENDED AT 5 P.M. IT IS SHOWN THAT THE DISTANCE FROM HIS STATION TO THE UNIVERSITY OF SOUTHERN CALIFORNIA WAS 31 MILES AND ENDORSEMENTS ON HIS ORDERS INDICATE THAT THE PERIOD OF TEMPORARY DUTY WAS FROM MARCH 9 TO MAY 5, 1955. IT APPEARS THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE AT THE UNIVERSITY.

PARAGRAPH 1150-10A, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS NOT STATIONED IN AN INCORPORATED CITY OR TOWN, HIS OFFICIAL STATION IS "THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, STATION, OR ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED.' IT IS UNDERSTOOD THAT THE LOS ALAMITOS NAVAL AIR STATION IS LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF LOS ANGELES. HENCE, WHEN THE OFFICER LEFT THE NAVAL AIR STATION FOLLOWING HIS DETACHMENT ON MARCH 9, 1955, AND PROCEEDED TO HIS TEMPORARY DUTY STATION AT THE UNIVERSITY OF SOUTHERN CALIFORNIA, HE ENTERED INTO A TRAVEL STATUS AWAY FROM HIS OLD STATION, AND A RIGHT TO THE PER DIEM PRESCRIBED IN THE REGULATIONS FOR ORDERED TEMPORARY DUTY EN ROUTE TO A NEW PERMANENT STATION (SEE PARAGRAPH 4152 AND PART E, JOINT TRAVEL REGULATIONS) ACCRUED TO HIM. THE FACT THAT HE CONTINUED TO OCCUPY HIS QUARTERS AT GARDEN GROVE AND TRAVELED TO AND FROM THE UNIVERSITY OF SOUTHERN CALIFORNIA EACH WEEK DAY, DOES NOT AFFECT THAT RIGHT. HOWEVER, HE IS NOT ENTITLED TO A MILEAGE ALLOWANCE FOR HIS DAILY TRAVEL FROM HIS QUARTERS TO HIS TEMPORARY STATION, AND RETURN, SINCE SUCH TRAVEL WAS PERFORMED FOR PERSONAL REASONS.

ACCORDINGLY, IF THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AMENDED TO DELETE THE CLAIM FOR MILEAGE ALLOWANCE, PAYMENT ON SUCH VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.