B-124581, JAN. 30, 1956

B-124581, JAN. 30, 1956

TO MAJOR H. A. BRAZKE, USMC, DISBURSING OFFICER, VIA COMMANDANT OF THE MARINE CORPS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1955, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER WHICH, WITH SUPPORTING PAPERS, WAS ENCLOSED WITH YOUR LETTER, STATED IN FAVOR OF COMMISSIONED WARRANT OFFICER RAYMOND D. CHANEY, USMC, FOR MILEAGE IN THE AMOUNT OF $148.95 (2,979 MILES AT FIVE CENTS PER MILE) AND PER DIEM ALLOWANCES FROM MAY 19 TO JUNE 7, 1955, IN THE AMOUNT OF $117.75. FOR THE PERIOD MAY 19 TO MAY 23 PER DIEM IS CLAIMED AT THE RATE OF $9 PER DAY (THREE-FOURTHS OF A DAY FOR MAY 19) ON THE BASIS OF ACTUAL TRAVEL TIME; FOR THE PERIOD MAY 24 TO JUNE 7, WHILE AT NEW DUTY STATION, PER DIEM IS CLAIMED AT THE RATE OF $5 PER DAY ON THE BASIS THAT GOVERNMENT QUARTERS WERE AVAILABLE AND GOVERNMENT MEALS WERE NOT AVAILABLE.

THE FIRST PARAGRAPH OF ORDERS OF THE COMMANDANT OF THE MARINE CORPS, DIRECTED TO MR. CHANEY AND DATED APRIL 5, 1955, WAS AS FOLLOWS:

"ON SUCH DATE AS THE COMMANDING GENERAL, FORCE TROOPS, FLEET MARINE FORCE, PACIFIC, CAMP PENDLETON, CALIFORNIA, MAY DESIGNATE YOU WILL PROCEED AND REPORT BY 8 JUNE 1955 TO THE COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT, PARRIS ISLAND, SOUTH CAROLINA AND FURTHER REPORT TO THE OFFICER-IN- CHARGE, 1955 MARINE CORPS RIFLE AND PISTOL TEAM FOR TEMPORARY ADDITIONAL DUTY ON THE STAFF OF THE OFFICER-IN-CHARGE, 1955 MARINE CORPS RIFLE AND PISTOL TEAM.'

THIRD ENDORSEMENT DATED MAY 17, 1955, TO THE ABOVE ORDERS WAS, IN PERTINENT PART, AS FOLLOWS:

"FROM: COMMANDING OFFICER, MAINTENANCE COMPANY, 1ST COMBAT SERVICE GROUP, SERVICE COMMAND, FLEET MARINE FORCE, CAMP PENDLETON, CALIFORNIA

TO: COMMISSIONED WARRANT OFFICER RAYMOND D. CHANEY 019762/2110 USMC

"SUBJ: TEMPORARY ADDITIONAL DUTY; ORDERS TO

"1. ON 19 MAY 1955, YOU WILL PROCEED AND REPORT TO THE COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT, PARRIS ISLAND, SOUTH CAROLINA, REPORTING NOT LATER THAN 2400, 3 JUNE 1955, FOR TEMPORARY ADDITIONAL DUTY IN ACCORDANCE WITH YOUR BASIC ORDERS.

"2. YOU ARE AUTHORIZED ELEVEN (11) DAYS TRAVEL TIME AND FOUR (4) DAYS PROCEED TIME IN THE EXECUTION OF THESE ORDERS.

"3. THE DISBURSING OFFICER IS AUTHORIZED TO PAY YOU ADVANCE MILEAGE.

"4. YOU ARE AUTHORIZED TO PERFORM THE TRAVEL INVOLVED IN THE EXECUTION OF THESE ORDERS BY PRIVATELY OWNED CONVEYANCE.

"5. UPON COMPLETION OF THESE TEMPORARY ADDITIONAL DUTIES AND WHEN DIRECTED BY COMPETENT AUTHORITY, YOU WILL RETURN TO THIS COMMAND AND RESUME YOUR REGULAR DUTIES.'

THE ITINERARY ACCOMPANYING THE VOUCHER SHOWS THAT MR. CHANEY LEFT CAMP PENDLETON, CALIFORNIA, BY PRIVATELY OWNED CONVEYANCE AT 7:00 A.M., MAY 19, 1955, AND ARRIVED AT PARRIS ISLAND, SOUTH CAROLINA, AT 9:40 P.M., MAY 23, 1955.

FIFTH ENDORSEMENT TO THE ABOVE ORDERS OF APRIL 5, 1955, WAS, IN PERTINENT PART, AS FOLLOWS:

"FROM: COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT, PARRIS ISLAND, SOUTH CAROLINA

TO: COMMISSIONED WARRANT OFFICER RAYMOND D. CHANEY, 019762/2110, USMC (2140, 23 MAY 1955)

"SUBJ: TEMPORARY ADDITIONAL DUTY; ORDERS TO

"1. REPORTED AT TIME AND DATE INDICATED OPPOSITE YOUR NAME. YOU WILL FURTHER REPORT TO THE COMMANDING OFFICER, WEAPONS TRAINING BATTALION FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH MARINE CORPS RIFLE AND PISTOL MATCHES. AT SUCH TIME YOU MAY BE DIRECTED BY THE PROPER AUTHORITY, BUT IN NO EVENT LATER THAN 8 JUNE 1955, YOU WILL FURTHER REPORT TO THE OFFICER IN CHARGE, 1955 MARINE CORPS RIFLE AND PISTOL TEAM FOR TEMPORARY ADDITIONAL DUTY AS DIRECTED IN YOUR BASIC ERS.'

APPARENTLY YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT ON THE VOUCHER RELATES ONLY TO THE MATTER OF PER DIEM ALLOWANCES, AND SUCH DOUBT ARISES FROM THE FACT THAT MR. CHANEY REPORTED AT PARRIS ISLAND AT AN EARLIER DATE THAN THAT SPECIFIED IN HIS ORDERS.

CHANGE NO. 13 TO PARAGRAPH 4204-5, JOINT TRAVEL REGULATIONS, IS AS FOLLOWS:

"TRAVEL BY PRIVATELY OWNED CONVEYANCE. WHEN TRAVEL ORDERS SPECIFICALLY STATE THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE IS MORE ADVANTAGEOUS TO THE GOVERNMENT, PER DIEM ALLOWANCES ARE PAYABLE FOR THE ACTUAL TIME NECESSARY TO PERFORM THE DIRECTED TRAVEL. WHEN TRAVEL ORDERS DO NOT CONTAIN SUCH STATEMENT, THE RATE OF PER DIEM APPLICABLE AND THE PERIOD FOR WHICH PER DIEM IS PAYABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE FOR THE TIME ACTUALLY CONSUMED AND AT THE RATE APPLICABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE, THE TOTAL AMOUNT PAYABLE NOT TO EXCEED THAT PAYABLE FOR CONSTRUCTIVE TRAVEL BY COMMON CARRIER OVER THE OFFICIAL ROUTE.'

PARAGRAPH 8104, MARINE CORPS MANUAL, PROVIDES THAT, FOR DISTANCES OF 2,881 MILES AND OVER, FIVE DAYS' TRAVEL TIME WILL BE ALLOWED, ON THE BASIS OF TRAVEL OVER A USUALLY TRAVELED ROUTE VIA A CARRIER AFFORDING THROUGH SERVICE.

MR. CHANEY'S ORDERS DIRECTED HIM TO DEPART FROM CAMP PENDLETON ON MAY 19, 1955. HE DEPARTED ON THAT DAY AND ARRIVED AT PARRIS ISLAND ON MAY 23, 1955. IT IS UNDERSTOOD THAT THE OFFICIAL DISTANCE FROM CAMP PENDLETON TO PARRIS ISLAND AS OF MAY 19, 1955, WAS 2,979 MILES. THUS, MR. CHANEY'S ACTUAL TRAVEL TIME OF FIVE DAYS WAS WITHIN THE PERIOD ALLOWED BY REGULATIONS.

THE OFFICER'S ORDERS, AS AMENDED, DIRECTED HIM TO REPORT AT PARRIS ISLAND NOT LATER THAN JUNE 8, 1955. UPON HIS ARRIVAL THERE ON MAY 23, 1955, HE WAS ASSIGNED, BY ORDERS, TO DUTY ENTITLING HIM TO PER DIEM. WE SEE NO REASON TO DENY HIM THAT ALLOWANCE BECAUSE HE ACTUALLY ENTERED ON SUCH DUTY AT AN EARLIER DATE THAN THAT ORIGINALLY CONTEMPLATED BY HIS ORDERS.

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