B-124768, OCT. 12, 1955

B-124768: Oct 12, 1955

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6. YOU WERE RELEASED FROM ASSIGNMENT WITH THE 9135TH TSU QM TRAINING COMMAND. THAT YOUR ORIGINAL ORDERS WERE AMENDED CHANGING YOUR NEW STATION TO HEADQUARTERS. ADVISING YOU THAT YOU ORDERS WERE BEING AMENDED SO AS TO CHANGE YOUR NEW STATION TO CHICAGO. YOU WERE PAID A MILEAGE ALLOWANCE FOR YOUR TRAVEL AND YOUR WIFE'S TRAVEL FROM FORT LEE. YOU ARE ENTITLED TO TRAVEL ALLOWANCE FOR YOURSELF AND YOUR WIFE FROM FORT LEE. THAT WHEN THE NEW STATION IS CHANGED BEFORE EXPIRATION OF THE LEAVE. THE MEMBER IS ENTITLED TO TRAVEL ALLOWANCES . WHEN LEAVE OR DELAY PRIOR TO REPORTING TO NEW STATION IS AUTHORIZED. THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

B-124768, OCT. 12, 1955

TO SECOND LIEUTENANT NORMAN J. SMITH, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1955, REQUESTING REVIEW OF SETTLEMENT DATED MAY 9, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE FOR YOURSELF AND DEPENDENT WIFE FOR TRAVEL PERFORMED FROM FORT LEE, VIRGINIA, TO NOEL, MISSOURI, THENCE TO CHICAGO, ILLINOIS, PURSUANT TO ORDERS DATED SEPTEMBER 17, 1954.

BY PARAGRAPH 10, SPECIAL ORDERS NO. 184, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED SEPTEMBER 17, 1954, YOU WERE RELEASED FROM ASSIGNMENT WITH THE 9135TH TSU QM TRAINING COMMAND, FORT LEE, VIRGINIA, AND ASSIGNED TO THE 9181ST TSU, FORT WORTH QM DEPOT, FORT WORTH, TEXAS, TO REPORT ON NOVEMBER 10, 1954, FOR DUTY, 15 DAYS' LEAVE EN ROUTE BEING AUTHORIZED. BY MESSAGE DATED NOVEMBER 8, 1954, THE ADJUTANT GENERAL NOTIFIED THE COMMANDING GENERAL, FIFTH ARMY, CHICAGO, ILLINOIS, THAT YOUR ORIGINAL ORDERS WERE AMENDED CHANGING YOUR NEW STATION TO HEADQUARTERS, FIFTH ARMY, CHICAGO, WITH REPORTING DATE CHANGED TO NOVEMBER 11, 1954.

YOU RELATE THAT YOU AND YOUR WIFE DEPARTED FORT LEE, VIRGINIA, BY AUTOMOBILE, OCTOBER 29, 1954, AND THAT YOU ARRIVED IN NOEL, MISSOURI, YOUR HOME, ON NOVEMBER 1, 1954. YOU FURTHER STATE THAT ON NOVEMBER 2, 1954 (WHILE AT NOEL, MISSOURI), YOU RECEIVED A TELEPHONE CALL FROM OQMG, CAREER MANAGEMENT DIVISION, WASHINGTON, D.C., ADVISING YOU THAT YOU ORDERS WERE BEING AMENDED SO AS TO CHANGE YOUR NEW STATION TO CHICAGO, ILLINOIS. YOU ALSO STATE THAT ON NOVEMBER 4, 1954, YOU LEFT NOEL, MISSOURI, AND ARRIVED IN CHICAGO THE SAME DAY. YOU WERE PAID A MILEAGE ALLOWANCE FOR YOUR TRAVEL AND YOUR WIFE'S TRAVEL FROM FORT LEE, VIRGINIA, TO CHICAGO, ILLINOIS. YOU EXPRESS THE OPINION THAT UNDER THE PROVISIONS OF PARAGRAPH 4156, CASE 4, AND PARAGRAPH 7051 OF THE JOINT TRAVEL REGULATIONS, YOU ARE ENTITLED TO TRAVEL ALLOWANCE FOR YOURSELF AND YOUR WIFE FROM FORT LEE, VIRGINIA, TO NOEL, MISSOURI, AND FROM NOEL, MISSOURI, TO CHICAGO, ILLINOIS, LESS THE AMOUNT PAID FROM FORT LEE, VIRGINIA, TO CHICAGO.

PARAGRAPH 4156, CASE 16, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, PROVIDES THAT WHEN A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS AVAILS HIMSELF OF LEAVE BEFORE JOINING THE NEW STATION, AND THAT WHEN THE NEW STATION IS CHANGED BEFORE EXPIRATION OF THE LEAVE, THE MEMBER IS ENTITLED TO TRAVEL ALLOWANCES ,FROM THE STATION HE LEFT TO GO ON LEAVE TO THE LAST-NAMED STATION.' PARAGRAPH 3003B OF SUCH REGULATIONS PROVIDES THAT, WHEN LEAVE OR DELAY PRIOR TO REPORTING TO NEW STATION IS AUTHORIZED, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF ORDERS. SEE ALSO PARAGRAPH 7050 OF THE REGULATIONS, WHICH PROVIDES THAT, WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AND A NEW PERMANENT STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED NOT TO EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION.

IT CONSISTENTLY HAS BEEN HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION TO REACH HIS DESTINATION ON THE DATE REQUIRED BY THE TRAVEL ORDERS. UNDER CIRCUMSTANCES WHERE AN OFFICER HAS BEEN GRANTED LEAVE OR IS OTHERWISE AUTHORIZED TO DELAY IN PERFORMANCE OF THE DIRECTED TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED, UNTIL EXPIRATION OF SUCH LEAVE OR DELAY, AND IF ORDERS ARE CANCELED OR MODIFIED PRIOR TO THAT TIME, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES THEREOF MUST BE BORNE BY THE TRAVELER CONCERNED. SEE GENERALLY, 33 COMP. GEN. 289, AND THE DECISIONS CITED IN THAT CASE.

UNDER YOUR ORDERS OF SEPTEMBER 17, 1954, YOU WERE NOT REQUIRED TO DEPART FROM FORT LEE, VIRGINIA, UNTIL SUCH TIME AS WOULD BE NECESSARY TO ENABLE YOU TO TRAVEL AND REPORT TO YOUR NEW STATION, FORT WORTH, TEXAS, NOT LATER THAN NOVEMBER 10, 1954. YOUR ORDERS EXPRESSLY PROVIDED FOR 15 DAYS' LEAVE EN ROUTE AND IT APPEARS THAT YOU DEPARTED FROM YOUR OLD STATION. WHILE IT IS STATED THAT YOU HAVE NOT BEEN CHARGED WITH LEAVE FOR ANY PART OF THE PERIOD FROM THE DATE YOU DEPARTED FROM FORT LEE, VIRGINIA (OCTOBER 29, 1954), UNTIL YOU ARRIVED AT CHICAGO, ILLINOIS (NOVEMBER 4, 1954), IT APPEARS OBVIOUS THAT YOUR STAY AT YOUR HOME FROM NOVEMBER 1 TO 4, 1954, WAS FOR PERSONAL REASONS AND YOUR OWN CONVENIENCE, AND HENCE IT MAY NOT BE CONCLUDED THAT YOU PERFORMED OFFICIAL TRAVEL "UNDER ORDERS INVOLVING NO LEAVE" WITHIN THE MEANING OF PARAGRAPH 4156, CASE 4, JOINT TRAVEL REGULATIONS. ALSO, YOUR CASE DOES NOT FALL WITHIN THE PROVISIONS OF PARAGRAPH 7051 OF SUCH REGULATIONS, SINCE NOTICE OF CHANGE IN YOUR ORDERS OF SEPTEMBER 17, 1954, WAS RECEIVED BY YOU PRIOR TO THE EFFECTIVE DATE OF THOSE ORDERS RATHER THAN "ON OR AFTER THE EFFECTIVE DATE OF THE ORDERS" AS PROVIDED IN THAT PARAGRAPH.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF ADDITIONAL TRAVEL ALLOWANCES FOR TRAVEL ..END :