B-124210, NOV. 1, 1955

B-124210: Nov 1, 1955

Additional Materials:

Contact:

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

 

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

A. QUIGLEY: REFERENCE IS MADE TO YOUR 1ST INDORSEMENT OF APRIL 26. YOU WERE GRANTED 45 DAYS' MORALE LEAVE DURING WHICH YOU WERE AUTHORIZED TO TRAVEL TO THE CONTINENTAL UNITED STATES AND RETURN BY MILITARY AIR. YOUR ORDERS WERE AMENDED TO PROVIDE THAT TRAVEL TO AND FROM THE CONTINENTAL UNITED STATES AND DELAYS AT PORT OF EMBARKATION AND PORT OF DEBARKATION INCIDENT TO TRAVEL WOULD BE IN A TEMPORARY DUTY STATUS. THE LATTER ORDERS WERE ISSUED PURSUANT TO DEPARTMENT OF THE ARMY MESSAGE 515852. THAT WHEN THE HOME OF RECORD OF A MEMBER GRANTED MORALE LEAVE IS IN THE UNITED STATES AND HE IS ON DUTY IN AN AREA OTHER THAN HIS HOME OF RECORD. LEAVE WILL BE EFFECTIVE UPON DEPARTURE OF THE MEMBER FROM THE PORT OF DEBARKATION AND WILL TERMINATE UPON RETURN TO SUCH PORT OR DESIGNATED STATION.

B-124210, NOV. 1, 1955

TO CAPTAIN T. A. QUIGLEY:

REFERENCE IS MADE TO YOUR 1ST INDORSEMENT OF APRIL 26, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 13, 1955, WHICH DISALLOWED YOUR CLAIM FOR $66 AS REIMBURSEMENT FOR YOUR TRAVEL FROM SEATTLE, WASHINGTON, TO YOKOHAMA, JAPAN, JULY 9 TO 21, 1954.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 45, DATED MAY 26, 1954, HEADQUARTERS, HOZONO AMMUNITION DEPOT, YOU WERE GRANTED 45 DAYS' MORALE LEAVE DURING WHICH YOU WERE AUTHORIZED TO TRAVEL TO THE CONTINENTAL UNITED STATES AND RETURN BY MILITARY AIR. THE ORDERS PROVIDED THAT THE COST OF TRAVEL WOULD BE BORNE BY YOU, AND THAT ALL TRAVEL INCLUDING DAY OF DEPARTURE FROM UNIT AND DAY PRECEDING RETURN TO DUTY WOULD BE IN A LEAVE STATUS. BY PARAGRAPH 3, SPECIAL ORDERS NO. 50, DATED JUNE 11, 1954, SAME HEADQUARTERS, YOUR ORDERS WERE AMENDED TO PROVIDE THAT TRAVEL TO AND FROM THE CONTINENTAL UNITED STATES AND DELAYS AT PORT OF EMBARKATION AND PORT OF DEBARKATION INCIDENT TO TRAVEL WOULD BE IN A TEMPORARY DUTY STATUS. THE LATTER ORDERS WERE ISSUED PURSUANT TO DEPARTMENT OF THE ARMY MESSAGE 515852, MAY 17, 1954, WHICH PROVIDED, AMONG OTHER THINGS, THAT WHEN THE HOME OF RECORD OF A MEMBER GRANTED MORALE LEAVE IS IN THE UNITED STATES AND HE IS ON DUTY IN AN AREA OTHER THAN HIS HOME OF RECORD, LEAVE WILL BE EFFECTIVE UPON DEPARTURE OF THE MEMBER FROM THE PORT OF DEBARKATION AND WILL TERMINATE UPON RETURN TO SUCH PORT OR DESIGNATED STATION. THE MESSAGE FURTHER PROVIDED THAT TRAVEL FOR THE PURPOSE OF SUCH LEAVE WILL BE IN A TEMPORARY DUTY STATUS, BUT THAT PER DIEM ALLOWANCES ARE NOT AUTHORIZED FOR TEMPORARY DUTY IN CONNECTION WITH LEAVE.

YOU DEPARTED YOUR OVERSEAS STATION ON MAY 26, 1954, AND RETURNED TO DUTY THERE ON JULY 22, 1954. YOUR OCEAN TRAVEL TO THE UNITED STATES WAS BY MILITARY AIR. YOUR RETURN TRAVEL FROM SEATTLE TO YOKOHAMA, WITH YOUR DEPENDENTS, WAS ABOARD A GOVERNMENT VESSEL FOR WHICH YOU WERE CHARGED A TRANSPORTATION FEE OF $66 PLUS $54 FOR DEPENDENTS' RATIONS. YOUR TRAVEL TO THE UNITED STATES WAS IMPLEMENTED BY HEADQUARTERS, CAMP DRAKE REPLACEMENT DEPOT, LETTER ORDER 5-1040, DATED MAY 28, 1954. AFTER THE TRAVEL WAS COMPLETED, THE SAID HEADQUARTERS AMENDED THAT ORDER BY LETTER ORDER 9-190, DATED SEPTEMBER 5, 1954, IN A FURTHER ATTEMPT TO SHOW TEMPORARY DUTY AT THE PORT. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE REQUIRED TO PAY THE TRANSPORTATION CHARGE BECAUSE YOUR ORDERS HAD NOT BEEN AMENDED TO SHOW TEMPORARY DUTY AT THE PORT; ALSO, THAT YOU WERE ADVISED THE CORRECT CHARGE SHOULD BE $28.39 AND NOT $66.

WHILE YOUR ORDERS WERE AMENDED SO THAT THE TIME SPENT IN TRAVEL TO AND FROM THE UNITED STATES AND AT PORTS OF EMBARKATION AND DEBARKATION WOULD NOT BE CHARGED TO YOUR LEAVE, NOTHING IS FOUND IN THE ORDERS OR THE DEPARTMENT OF THE ARMY MESSAGE INDICATING THAT ANY COSTS INCIDENT TO THE TRAVEL WOULD NOT BE BORNE BY YOU. ON THE CONTRARY, THE "TEMPORARY DUTY STATUS" CONTEMPLATED BY THE MESSAGE OF MAY 17, 1954, SEEMS TO HAVE DEFINITE LIMITATIONS. IT WILL BE NOTED THAT YOUR ORDERS, AS AMENDED, MERELY STATE THAT TRAVEL TO AND FROM THE UNITED STATES IN CONNECTION WITH LEAVE "WILL BE IN A TDY STATUS.' THEY CONTAIN NO DIRECTION TO PERFORM TEMPORARY DUTY AT ANY POINT NOR WOULD SUCH A DIRECTION SEEM PROPER SINCE LEAVE WAS THE SOLE PURPOSE OF THE ORDERS AND THE TRAVEL. THE REGULATIONS SPECIFICALLY PROVIDE THAT NO PER DIEM WILL BE PAID FOR "TEMPORARY DUTY" IN CONNECTION WITH LEAVE. NOTE, ALSO, THAT JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, SPECIFICALLY PROVIDE (PARAGRAPH 6455) THAT PERSONNEL ATTACHED TO ACTIVITIES BEYOND THE CONTINENTAL UNITED STATES SHOULD MAKE DEFINITE PLANS, BEFORE THEY REQUEST LEAVE, AS TO WHEN AND HOW THEY CAN RETURN AT THE EXPIRATION OF THE LEAVE INASMUCH AS THE GOVERNMENT CANNOT GUARANTEE RETURN TRANSPORTATION BY GOVERNMENT CONVEYANCE AND WILL NOT AUTHORIZE TRANSPORTATION BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE.

ACCORDINGLY, WHILE THE RECORD SHOWS THAT YOUR TRAVEL ORDERS WERE AMENDED SO AS TO PLACE YOU IN A NOMINAL TEMPORARY DUTY STATUS WHILE EN ROUTE TO AND FROM THE UNITED STATES IN ORDER THAT YOU WOULD NOT BE CHARGED LEAVE FOR SUCH TRAVEL TIME, CLEARLY SUCH TRAVEL WAS FOR YOUR OWN CONVENIENCE FOR THE SOLE PURPOSE OF TAKING LEAVE. UNDER SUCH CIRCUMSTANCES THERE IS NO LEGAL BASIS ON WHICH YOU MAY BE REIMBURSED FOR THE TRANSPORTATION COST INCURRED. AS TO THE AMOUNT OF THAT CHARGE, SINCE THE RECORD SHOWS THAT IT WAS AN ESTABLISHED PASSENGER RATE OF THE MILITARY SEA TRANSPORT SERVICE FOR TRAVEL FROM THE WEST COAST TO THE FAR EAST, AND APPARENTLY WAS APPLICABLE TO THE ACCOMMODATIONS FURNISHED, THERE IS NO BASIS ON WHICH WE MAY CONCLUDE THAT YOU SHOULD HAVE BEEN CHARGED A LESSER AMOUNT.