B-124238, SEP. 8, 1955

B-124238, SEP. 8, 1955

TO MR. AND MRS. HARRY A. OBERT:

FURTHER REFERENCE IS MADE TO LETTER OF MAY 3, 1955, WRITTEN IN YOUR BEHALF BY MR. ROBERT N. SPAEDER, REQUESTING A REVIEW OF SETTLEMENT DATED DECEMBER 2, 1954, WHICH DISALLOWED YOUR CLAIM AS PARENTS OF THE LATE MIDSHIPMAN ROBERT JOSEPH OBERT, U.S. NAVAL RESERVE, FOR TRAVEL ALLOWANCES BELIEVED TO BE DUE HIM INCIDENT TO TRAVEL PERFORMED BETWEEN CORPUS CHIRSTI, TEXAS, AND A POINT NEAR MAYVILLE, NEW YORK, PURSUANT TO NAVAL RESERVE OFFICERS TRAINING CORPS ORDERS OF JUNE 1, 1953.

UNDER THE PROVISIONS OF THE ORDERS OF JUNE 1, 1953, YOUR SON WAS DIRECTED TO PROCEED FROM ITHACA, NEW YORK, TO LITTLE CREEK, VIRGINIA, FOR AMPHIBIOUS TRAINING AND THENCE TO THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, FOR AVIATION TRAINING. UPON THE COMPLETION OF THE TRAINING AND WHEN DIRECTED BY PROPER AUTHORITY HE WAS TO PROCEED IN TIME TO REPORT BACK TO HIS NROTC UNIT AT ITHACA ON SEPTEMBER 22, 1953. THE ORDERS PROVIDED THAT "WHEN PERFORMING THIS TRAVEL, STOP OVER AND DELAY UNTIL DATES SPECIFIED ARE AUTHORIZED.' HE WAS DETACHED AT CORPUS CHRISTI ON AUGUST 7, 1953, AND CONSEQUENTLY WAS AUTHORIZED TO DELAY UNTIL THE DATE UPON WHICH IT WOULD BE NECESSARY TO LEAVE CORPUS CHRISTI IN ORDER TO ARRIVE AT ITHACA BY NORMAL MEANS OF TRANSPORTATION ON SEPTEMBER 22. A CASUALTY REPORT RECEIVED FROM THE BUREAU OF NAVAL PERSONNEL SHOWS THAT PRIOR TO RETURNING TO ITHACA HE DIED ON AUGUST 23, 1953, AS A RESULT OF INJURIES RECEIVED IN AN AUTOMOBILE ACCIDENT NEAR MAYVILLE, NEW YORK, ON AUGUST 21, 1953.

THE PAYMENT OF MILEAGE OR OTHER TRAVEL ALLOWANCES IS AUTHORIZED UNDER SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ONLY FOR THE PERFORMANCE OF OFFICIAL TRAVEL IN COMPLIANCE WITH THE REQUIREMENTS OF COMPETENT TRAVEL ORDERS. WHEN LEAVE OF ABSENCE OR OTHER AUTHORITY TO DELAY IS GRANTED BY ORDERS DIRECTING TRAVEL BETWEEN DUTY STATIONS THE TRAVELER IS NOT REQUIRED TO PERFORM TRAVEL TO ACCOMPLISH THE PURPOSE OF THE ORDERS UNTIL THE EXPIRATION OF THE PERIOD OF DELAY AUTHORIZED OR UNTIL SUCH TIME AS IT IS NECESSARY TO COMMENCE TRAVEL SO AS TO REACH THE DESTINATION ON THE DATE CONTEMPLATED. WHILE IT HAS BEEN HELD THAT A TRAVELER GRANTED LEAVE IN CONNECTION WITH CHANGE OF STATION ORDERS IS ENTITLED TO MILEAGE OR OTHER AUTHORIZED TRAVEL ALLOWANCE UPON REPORTING AS REQUIRED BY HIS ORDERS TO HIS DUTY STATION EVEN THOUGH SOME OR ALL OF THE TRAVEL WAS PERFORMED DURING THE PERIOD OF AUTHORIZED DELAY, TRAVEL DURING SUCH DELAY PERIOD IS NOT REQUIRED BY ORDERS. WHEN TRAVEL DURING A PERIOD OF DELAY IS INTERRUPTED BY CHANGE OR CANCELLATION ORDERS, OR FOR OTHER CAUSE, AND THE ULTIMATE COMPLETION OF TRAVEL TO THE DESTINATION IS EITHER PREVENTED OR NOT REQUIRED, THE TRAVEL ALREADY PERFORMED IS NOT CONSIDERED TRAVEL FOR WHICH THE PAYMENT OF TRAVEL ALLOWANCES IS AUTHORIZED UNDER THE LAW. 8 COMP. GEN. 524; 24 ID. 776. CONSEQUENTLY, IT HAS BEEN HELD THAT TRAVEL ALLOWANCES ARE NOT PAYABLE FOR THE TRAVEL OF AN OFFICER TOWARD HIS ASSIGNED DUTY STATION PERFORMED DURING LEAVE OR DELAY AUTHORIZED IN TRAVEL ORDERS UNDER CIRCUMSTANCES WHERE DEATH PREVENTS THE COMPLETION OF THE TRAVEL REQUIRED BY THE ORDERS. SEE A-37735, AUGUST 7, 1931; B-109242, SEPTEMBER 2, 1952.

SINCE YOUR SON'S TRAVEL, FROM CORPUS CHRISTI TO THE VICINITY OF MAYVILLE, NEW YORK, WHERE HIS ACCIDENTAL DEATH OCCURRED, WAS PERFORMED DURING THE PERIOD OF DELAY AUTHORIZED IN THE ORDERS OF JUNE 1, 1953, AND PRIOR TO THE DATE TRAVEL WAS REQUIRED UNDER THESE ORDERS, IT MUST BE CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 2, 1954, IS SUSTAINED.