B-124218, OCT. 7, 1955

B-124218: Oct 7, 1955

Additional Materials:

Contact:

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

 

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

TO THE HONORABLE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF JUNE 3. WERE MODIFIED BY UNDATED ENDORSEMENT FROM THE COMMANDING GENERAL. WERE AUTHORIZED IN SUCH ENDORSEMENT. THAT TRAVEL WAS PERFORMED BY COMMERCIAL AIRCRAFT. IT IS UNDERSTOOD THAT HE DID NOT REPORT UNTIL DECEMBER 27. BECAUSE OF HIS BELIEF THAT HE WAS ENTITLED TO FIVE DAYS' TRAVEL TIME. ARE CONTAINED IN PARAGRAPHS 8103 TO 8106 OF THE MARINE CORPS MANUAL. IT APPEARS THAT THESE REGULATIONS HAVE BEEN ADMINISTRATIVELY CONSTRUED AS CONTEMPLATING THE COMPUTATION OF TRAVEL TIME ON THE BASIS OF LAND TRAVEL TIME AS PROVIDED IN PARAGRAPH 8104 UNDER ANY ORDER INVOLVING LAND TRAVEL UNLESS THE TRAVEL ACTUALLY IS PERFORMED BY PRIVATELY OWNED CONVEYANCE OR BY AIR UNDER ORDERS DIRECTING OR EXPRESSLY AUTHORIZING TRAVEL BY GOVERNMENT OR COMMERCIAL AIRCRAFT.

B-124218, OCT. 7, 1955

TO THE HONORABLE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF JUNE 3, 1955, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES), REQUESTING DECISION ON THE QUESTION RAISED BY A NOTICE OF EXCEPTION ISSUED BY OUR DIVISION OF AUDITS COVERING FOUR DAYS' PAY AND ALLOWANCES PAID TO CAPTAIN JOHN A. GILBERT, USMCR, IN DECEMBER 1953, AS DISCUSSED IN LETTER OF MAY 24, 1955, FROM THE COMMANDANT OF THE MARINE CORPS, FORWARDED WITH THE ASSISTANT SECRETARY'S LETTER.

FOLLOWING CAPTAIN GILBERT'S REPORTING TO THE COMMANDING OFFICER, MARINE BARRACKS, U.S. NAVAL STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, AFTER HIS RETURN FROM DUTY OVERSEAS, ORDERS OF NOVEMBER 14, 1953, DIRECTING HIS RETURN TO THE UNITED STATES, WERE MODIFIED BY UNDATED ENDORSEMENT FROM THE COMMANDING GENERAL, DEPARTMENT OF THE PACIFIC, SO AS TO DIRECT HIM TO PROCEED TO CAMP LEJUENE, NORTH CAROLINA, FOR DUTY. FIFTEEN DAYS' DELAY IN REPORTING AND FOUR DAYS' PROCEED TIME, PLUS TRAVEL TIME, WERE AUTHORIZED IN SUCH ENDORSEMENT. IT APPEARS THAT HE LEFT SAN FRANCISCO ON DECEMBER 3, 1953, AND REPORTED AT CAMP LEJUENE ON DECEMBER 27, 1953, AND THAT TRAVEL WAS PERFORMED BY COMMERCIAL AIRCRAFT. IT IS UNDERSTOOD THAT HE DID NOT REPORT UNTIL DECEMBER 27, BECAUSE OF HIS BELIEF THAT HE WAS ENTITLED TO FIVE DAYS' TRAVEL TIME, RATHER THAN THE AIR TRAVEL TIME OF ONE DAY.

REGULATIONS GOVERNING THE TRAVEL TIME ALLOWED MEMBERS OF THE MARINE CORPS FOR TRAVEL ON A MILEAGE BASIS BY DIFFERENT MEANS OF TRANSPORTATION IN THE UNITED STATES, ARE CONTAINED IN PARAGRAPHS 8103 TO 8106 OF THE MARINE CORPS MANUAL. IT APPEARS THAT THESE REGULATIONS HAVE BEEN ADMINISTRATIVELY CONSTRUED AS CONTEMPLATING THE COMPUTATION OF TRAVEL TIME ON THE BASIS OF LAND TRAVEL TIME AS PROVIDED IN PARAGRAPH 8104 UNDER ANY ORDER INVOLVING LAND TRAVEL UNLESS THE TRAVEL ACTUALLY IS PERFORMED BY PRIVATELY OWNED CONVEYANCE OR BY AIR UNDER ORDERS DIRECTING OR EXPRESSLY AUTHORIZING TRAVEL BY GOVERNMENT OR COMMERCIAL AIRCRAFT. THE REGULATIONS AS SO INTERPRETED DO NOT APPEAR TO BE SO CLEARLY OUTSIDE THE SCOPE OF THE LAWS GOVERNING THE ADMINISTRATION OF THE ARMED SERVICE AS TO WARRANT OBJECTION BY US. SINCE CAPTAIN GILBERT'S ORDERS DID NOT SPECIFY ANY MODE OF TRAVEL AND IT APPEARS THAT THE DISTANCE INVOLVED ENTITLED HIM TO FIVE DAYS' TRAVEL TIME, THE AUDIT EXCEPTION WILL BE REMOVED.

IT MAY BE STATED, HOWEVER, THAT INSTANCES HAVE BEEN ENCOUNTERED, IN THE AUDIT OF MILEAGE VOUCHERS, OF TRAVEL BY AIR UNDER ORDERS AUTHORIZING TRAVEL BY PRIVATELY OWNED CONVEYANCE, THE REQUIRED DATE OF REPORTING BEING FIXED ON THE BASIS OF THE CONTEMPLATED TRAVEL BY AUTOMOBILE. IT IS ASSUMED THAT IN SUCH CASES THE TRAVEL TIME ALLOWED WITHOUT LOSS OF PAY OR LEAVE, IS BEING LIMITED TO THE TIME COMPUTED IN ACCORDANCE WITH PARAGRAPH 8104, MARINE CORPS MANUAL.