B-124097, JUL 7, 1955

B-124097: Jul 7, 1955

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 23. BRANTLY WAS RELEASED FROM DUTY AT MARCH AIR FORCE BASE. WHERE HE WAS DIRECTED TO REPORT NOT LATER THAN DECEMBER 12. STATED THAT IF SUCH MODE OF TRAVEL WAS UTILIZED TEN DAYS OFFICIAL TRAVEL TIME WAS AUTHORIZED. BRANTLY WAS DETACHED FROM DUTY AT MARCH AIR FORCE BASE. HE WAS ADVISED THAT HIS NAME WAS BEING DELETED FROM THE ORDERS OF NOVEMBER 17. HE WAS DIRECTED TO RETURN TO MARCH AIR FORCE BASE FOR DUTY. HIS NAME WAS DELETED FROM SUCH PRIOR ORDERS. HE WAS NOTIFIED BY TELEGRAM THAT HE WAS GRANTED LEAVE AND THAT HE WAS TO REPORT BACK TO MARCH AIR FORCE BASE NOT LATER THAN JANUARY 8. HE WAS PAID $341.40 AS MILEAGE FOR HIS TRAVEL FROM MARCH AIR FORCE BASE TO NORFOLK.

B-124097, JUL 7, 1955

PRECIS-UNAVAILABLE

PORTER HARDY, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 23, 1955, REQUESTING INFORMATION CONCERNING A DEBT CHARGE OF $341.40 AGAINST MR. HOWARD L. BRANTLY, 237 WEST 31ST STREET, NORFOLK, VIRGINIA, FOR TRAVEL ALLOWANCE INCIDENT TO HIS SERVICE AS AIRMAN FIRST CLASS, UNITED STATES AIR FORCE.

BY SPECIAL ORDERS NO. 265, DATED NOVEMBER 17, 1952, MR. BRANTLY WAS RELEASED FROM DUTY AT MARCH AIR FORCE BASE, CALIFORNIA, AND REASSIGNED TO DUTY AT CASTLE AIR FORCE BASE, CALIFORNIA, WITH INTERVENING TEMPORARY DUTY AT WEST PALM BEACH, FLORIDA, WHERE HE WAS DIRECTED TO REPORT NOT LATER THAN DECEMBER 12, 1952. THE ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE, AND STATED THAT IF SUCH MODE OF TRAVEL WAS UTILIZED TEN DAYS OFFICIAL TRAVEL TIME WAS AUTHORIZED. THE ORDERS FURTHER AUTHORIZED 25 DAYS DELAY CHARGEABLE AS LEAVE. MR. BRANTLY WAS DETACHED FROM DUTY AT MARCH AIR FORCE BASE, CALIFORNIA, ON NOVEMBER 21, 1952, AND TRAVELED BY PRIVATELY OWNED AUTOMOBILE FROM THERE TO NORFOLK, VIRGINIA, HIS HOME AND LEAVE ADDRESS, WHERE HE ARRIVED ON NOVEMBER 24, 1952. BY TELEGRAM DATED DECEMBER 4, 1952, CONFIRMING A TELEPHONE MESSAGE OF DECEMBER 3, 1952, RECEIVED BY HIM AT NORFOLK, VIRGINIA, HE WAS ADVISED THAT HIS NAME WAS BEING DELETED FROM THE ORDERS OF NOVEMBER 17, 1952, AND HE WAS DIRECTED TO RETURN TO MARCH AIR FORCE BASE FOR DUTY. BY ORDERS DATED DECEMBER 5, 1952, HIS NAME WAS DELETED FROM SUCH PRIOR ORDERS. ON DECEMBER 8, 1952, HE WAS NOTIFIED BY TELEGRAM THAT HE WAS GRANTED LEAVE AND THAT HE WAS TO REPORT BACK TO MARCH AIR FORCE BASE NOT LATER THAN JANUARY 8, 1953. LEFT NORFOLK, VIRGINIA, ON JANUARY 4, 1953, AND ARRIVED AT MARCH AIR FORCE BASE ON JANUARY 7, 1953, SUCH TRAVEL BEING PERFORMED BY AUTOMOBILE. VOUCHER NO. 1343, AUGUST 1953 ACCOUNTS OF P. O. HALLBERG, HE WAS PAID $341.40 AS MILEAGE FOR HIS TRAVEL FROM MARCH AIR FORCE BASE TO NORFOLK, AND RETURN. CONTRARY TO THE APPARENT BELIEF OF MR. BRANTLY, THAT PAYMENT WAS AUTHORIZED BY HEADQUARTERS, FIFTH AIR FORCE, MARCH AIR FORCE BASE, CALIFORNIA, AND NOT BY OUR OFFICE. OUR DIVISION OF AUDITS ISSUED AN EXCEPTION TO THE PAYMENT BECAUSE THE TRAVEL PERFORMED BY THE MEMBER WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNDER THE APPLICABLE STATUTE AND REGULATIONS.

JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDE (PARAGRAPH 3003B) THAT WHEN LEAVE OR DELAY EN ROUTE PRIOR TO REPORTING TO A NEW STATION IS AUTHORIZED THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. CONSISTENTLY HAS BEEN HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE-OF-STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. IN THE CIRCUMSTANCES, SUCH AS HERE INVOLVED, WHERE AN ENLISTED MAN IS GRANTED LEAVE, OR IS OTHERWISE AUTHORIZED TO DELAY IN THE PERFORMANCE OF THE DIRECTED TRAVEL, WHICH WOULD INCLUDE THE DELAY RESULTING FROM ADDITIONAL TRAVEL TIME GRANTED TO ENABLE HIM TO TRAVEL BY AUTOMOBILE FOR HIS OWN CONVENIENCE AND PLEASURE, AS DISTINGUISHED FROM TIME CONSUMED IN TRAVEL BY AUTOMOBILE UNDER ORDERS DIRECTING SUCH TRAVEL AS MORE ADVANTAGEOUS TO THE GOVERNMENT, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED, UNTIL EXPIRATION OF SUCH LEAVE OR DELAY, AND IF THE ORDERS ARE CANCELED PRIOR TO SUCH TIME, THAT IS, PRIOR TO THE EFFECTIVE DATE OF THE ORDERS COMPUTED IN ACCORDANCE WITH PARAGRAPH 3003B, JOINT TRAVEL REGULATIONS, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH LEAVE OR DELAY AND THE EXPENSES OF THAT TRAVEL MUST BE BORNE BY THE TRAVELER CONCERNED. 8 COMP. GEN. 524; 9 ID. 315; AND 33 ID. 289.

UNDER THE ORDERS OF NOVEMBER 17, 1952, MR. BRANTLY WAS NOT REQUIRED TO COMMENCE TRAVEL FROM HIS OLD STATION UNTIL SUCH TIME AS WOULD ENABLE HIM TO REPORT AT WEST PALM BEACH, FLORIDA, NOT LATER THAN DECEMBER 12, 1952. HE COULD HAVE LEFT MARCH AIR FORCE BASE BY RAIL ON DECEMBER 8, 1952, AND ARRIVED AT WEST PALM BEACH, FLORIDA, ON OR BEFORE THE DATE HE WAS REQUIRED TO REPORT THERE FOR DUTY. HENCE, HE WAS NOT ENTITLED TO PAYMENT OF ANY MILEAGE FOR THE TRAVEL PERFORMED. ACCORDINGLY, THE EXECPTION AS TAKEN WAS REQUIRED BY THE STATUTORY REGULATIONS AND IS CORRECT.

THE ENCLOSURES FORWARDED WITH YOUR COMMUNCATION OF MAY 27, 1955, ARE RETURNED AS REQUESTED.