B-124488, AUG. 15, 1955

B-124488: Aug 15, 1955

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30 DAYS' DELAY EN ROUTE WAS AUTHORIZED UPON DEPARTURE FROM THE AERIAL PORT OF DEBARKATION IN THE UNITED STATES (WESTOVER AIR FORCE BASE.). YOU INDICATE THAT THE SOURCE OF YOUR DOUBT AS TO WHETHER PAYMENT ON THE VOUCHER IS PROPER. IS A STATEMENT OF THE RULE IN OUR DECISION OF JULY 17. THAT "WHEN A MEMBER OF THE MILITARY SERVICE IS GRANTED LEAVE OF ABSENCE FROM HIS STATION AT THE COMPLETION OF WHICH HE IS PERMITTED. THE TRAVEL INVOLVED IS REGARDED AS HAVING BEEN PERFORMED INCIDENT TO HIS LEAVE. THAT RULE IS FOR APPLICATION IN CASES WHERE THE ORDERS ARE ISSUED FOR THE PURPOSE OF GRANTING LEAVE. A MEMBER IS REQUIRED TO RETURN TO HIS OLD STATION AT HIS OWN EXPENSE AND IT IS TO HIS ADVANTAGE IF HE IS PERMITTED TO REPORT AT A NEW STATION LOCATED AT OR NEAR HIS PLACE OF LEAVE.

B-124488, AUG. 15, 1955

TO MR. W. E. PILCHER, SDA, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY THIRD INDORSEMENT OF JUNE 24, 1955, AND CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, FORWARDED YOUR REQUEST OF JUNE 14, 1955, FOR AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER COVERING MILEAGE FOR TRAVEL PERFORMED BY CAPTAIN GILBERT W. KIRBY, JR., CE, FROM WESTOVER AIR FORCE BASE, MASSACHUSETTS, TO LITTLE ROCK, ARKANSAS, ON FEBRUARY 21 AND 22, 1955.

ORDERS OF JANUARY 26, 1955, DIRECTED THE OFFICER TO PROCEED FROM HIS OVERSEAS STATION IN ICELAND ON OR ABOUT FEBRUARY 25, 1955, ON A PERMANENT CHANGE OF STATION TO FORT BELVOIR, VIRGINIA, AND 30 DAYS' DELAY EN ROUTE WAS AUTHORIZED UPON DEPARTURE FROM THE AERIAL PORT OF DEBARKATION IN THE UNITED STATES (WESTOVER AIR FORCE BASE.) PRIOR TO THE EXPIRATION OF SUCH LEAVE AND WHILE AT HIS LEAVE ADDRESS IN LITTLE ROCK, A DISPATCH FROM THE ADJUTANT GENERAL, WASHINGTON, D.C., MARCH 18, 1955, CHANGED HIS NEW STATION FROM FORT BELVOIR TO LITTLE ROCK.

YOU INDICATE THAT THE SOURCE OF YOUR DOUBT AS TO WHETHER PAYMENT ON THE VOUCHER IS PROPER, IS A STATEMENT OF THE RULE IN OUR DECISION OF JULY 17, 1950, 30 COMP. GEN. 19, THAT "WHEN A MEMBER OF THE MILITARY SERVICE IS GRANTED LEAVE OF ABSENCE FROM HIS STATION AT THE COMPLETION OF WHICH HE IS PERMITTED, FOR HIS OWN CONVENIENCE, TO REPORT AT A NEW STATION AT OR NEAR HIS PLACE OF LEAVE, RATHER THAN RETURN TO HIS OLD STATION, THE TRAVEL INVOLVED IS REGARDED AS HAVING BEEN PERFORMED INCIDENT TO HIS LEAVE, RATHER THAN IN THE PUBLIC INTEREST, AND THE EXPENSES THEREOF MUST BE BORNE BY THE PERSON CONCERNED.' THAT RULE IS FOR APPLICATION IN CASES WHERE THE ORDERS ARE ISSUED FOR THE PURPOSE OF GRANTING LEAVE. WHEN GRANTED LEAVE, A MEMBER IS REQUIRED TO RETURN TO HIS OLD STATION AT HIS OWN EXPENSE AND IT IS TO HIS ADVANTAGE IF HE IS PERMITTED TO REPORT AT A NEW STATION LOCATED AT OR NEAR HIS PLACE OF LEAVE. CLEARLY, PUBLIC BUSINESS IS NOT INVOLVED IN SUCH TRAVEL. PERRIMOND V. UNITED STATES, 19 C.CLS. 509. A DIFFERENT SITUATION EXISTS WHERE A CHANGE OF STATION IS ORDERED BECAUSE OF THE NEEDS OF THE SERVICE, AND THE COINCIDENCE THAT THE MEMBER SPENDS THE LEAVE GRANTED IN SUCH ORDERS AT A PLACE WHERE HIS NEW STATION IS LOCATED, DOES NOT AFFECT HIS RIGHT TO MILEAGE FOR THE ORDERED TRAVEL TO THAT PLACE. THE ORDERS OF JANUARY 26, AS AMENDED BY THE DISPATCH OF MARCH 18, DIRECTED A PERMANENT CHANGE OF STATION FROM ICELAND TO LITTLE ROCK AND IF, AS INDICATED BY THE USE OF THE LETTERS "TIN" IN THE ORDERS AND IN THE DISPATCH, SUCH TRANSFER WAS DICTATED BY THE NEEDS OF THE SERVICE RATHER THAN THE PERSONAL CONVENIENCE OF THE OFFICER, HE IS ENTITLED TO MILEAGE FOR HIS TRAVEL FROM WESTOVER AIR FORCE BASE TO LITTLE ROCK. 33 COMP. GEN. 43.

ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT.