B-124787, NOV. 1, 1955

B-124787: Nov 1, 1955

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YOU WERE GRANTED 60 DAYS' MORALE LEAVE TO THE ZONE OF THE INTERIOR (UNITED STATES). WITH THE ORDERS FURTHER PROVIDING THAT "ALL TVL TIME TO AND FROM ZI WILL BE IN LV STATUS.'. YOU WERE ORDERED TO PROCEED TO YOUR OVERSEAS STATION ABOARD THE U.S.S. WAS AMENDED TO READ. "ALL TVL TIME TO AND FROM ZI WILL BE IN TDY STATUS.'. YOU CONTEND THAT YOUR ORDERS WERE AMENDED TO COMPLY WITH DA MESSAGE 515852. WAS SUPERSEDED BY CHANGES NO. 1. WHEN THE HOME OF RECORD IS SHOWN TO BE IN THE UNITED STATES. OR IN THE PHILIPPINE ISLANDS AND THE PERSON BEING AUTHORIZED LEAVE IS ON DUTY IN AN AREA OTHER THAN HIS HOME OF RECORD. LEAVE WILL BE EFFECTIVE UPON THE INDIVIDUAL'S DEPARTURE FROM THE WATER OR AERIAL PORT OF DEBARKATION IN THE HOME AREA AND WILL TERMINATE UPON RETURN TO SUCH PORT OR OTHER DESIGNATED STATION IN THE CASES OF PERSONNEL GRANTED.

B-124787, NOV. 1, 1955

TO CAPTAIN JOHN A. BEYERS, SN 01548642:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JUNE 15, 1955, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 11, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE SUM OF $66 REPRESENTING THE COST OF OCEAN TRANSPORTATION PAID BY YOU FROM SEATTLE, WASHINGTON, TO JAPAN, AS A PASSENGER ON A VESSEL UNDER THE MILITARY SEA TRANSPORTATION SERVICE ON OR ABOUT JULY 9, 1954.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 106, HEADQUARTERS, 229TH ORDNANCE BASE DEPOT, APO 503, DATED MAY 27, 1954, YOU WERE GRANTED 60 DAYS' MORALE LEAVE TO THE ZONE OF THE INTERIOR (UNITED STATES), WITH THE ORDERS FURTHER PROVIDING THAT "ALL TVL TIME TO AND FROM ZI WILL BE IN LV STATUS.' PARAGRAPH 1, SPECIAL ORDERS NO. 116, HEADQUARTERS OVERSEA REPLACEMENT STATION, FORT LEWIS, WASHINGTON, DATED JULY 1, 1954, YOU WERE ORDERED TO PROCEED TO YOUR OVERSEAS STATION ABOARD THE U.S.S. GEN. WILLIAM MITCHEL ON OR ABOUT JULY 9, 1954. THE RECORD FURTHER SHOWS THAT BY PARAGRAPH 8, SPECIAL ORDERS NO. 143, HEADQUARTERS, 229TH ORDNANCE BASE DEPOT, APO 503, DATED JULY 19, 1954, PARAGRAPH 3 OF SPECIAL ORDERS NO. 106 DATED MAY 27, 1954, WAS AMENDED TO READ,"ALL TVL TIME TO AND FROM ZI WILL BE IN TDY STATUS.' YOU CONTEND THAT YOUR ORDERS WERE AMENDED TO COMPLY WITH DA MESSAGE 515852, DATED MAY 17, 1954, AND SPECIAL REGULATIONS 600-115-1, AND HENCE YOU FEEL THE REGULATIONS ENTITLE YOU TO REIMBURSEMENT OF THE AMOUNT PAID BY YOU FOR THE OCEAN TRAVEL.

DA MESSAGE DATED MAY 17, 1954, WAS SUPERSEDED BY CHANGES NO. 1, SPECIAL REGULATIONS 600-115-1, DATED JULY 20, 1954, AND PROVIDES IN PARAGRAPH 11 AS FOLLOWS:

"* * * A. WHEN THE HOME OF RECORD IS SHOWN TO BE IN THE UNITED STATES, ITS TERRITORIES, OR POSSESSIONS, OR IN THE PHILIPPINE ISLANDS AND THE PERSON BEING AUTHORIZED LEAVE IS ON DUTY IN AN AREA OTHER THAN HIS HOME OF RECORD, LEAVE WILL BE EFFECTIVE UPON THE INDIVIDUAL'S DEPARTURE FROM THE WATER OR AERIAL PORT OF DEBARKATION IN THE HOME AREA AND WILL TERMINATE UPON RETURN TO SUCH PORT OR OTHER DESIGNATED STATION IN THE CASES OF PERSONNEL GRANTED---

(1) EMERGENCY LEAVE. SEE SR 600-175-10.

(2) MORALE LEAVE.

(3) REENLISTMENT LEAVE.

"B. TRAVEL FOR THE PURPOSE OF LEAVE AS PROVIDED ABOVE WILL BE IN A TEMPORARY DUTY STATUS (TDY) IN CONNECTION WITH LEAVE. PER DIEM ALLOWANCES ARE NOT AUTHORIZED FOR TDY IN CONNECTION WITH LEAVE. COMMANDERS CONCERNED WILL COORDINATE THE MOVEMENT OF PERSONNEL DEPARTING ON EMERGENCY, MORALE, OR REENLISTMENT LEAVES TO AND FROM OVERSEA AREAS SO AS TO INSURE THAT TRAVEL TIME IN A TDY STATUS IS HELD TO A MINIMUM.'

PRIOR TO THE CHANGES IN THE REGULATIONS, LEAVE GRANTED FOR OTHER THAN EMERGENCY LEAVE TO VISIT THE UNITED STATES BEGAN AND TERMINATED UPON DEPARTURE FROM AND RETURN TO THE ORGANIZATION TO WHICH ASSIGNED OR ATTACHED. THE REGULATIONS AS CHANGED CLEARLY PROVIDE THAT "TRAVEL FOR THE PURPOSE OF LEAVE" WILL BE IN A "TEMPORARY DUTY STATUS (TDY) IN CONNECTION WITH LEAVE.' THE APPARENT EFFECT OF THAT CHANGE IS TO PERMIT A MEMBER GRANTED MORALE LEAVE TO TRAVEL TO THE UNITED STATES AND NOT TO BE CHARGED LEAVE FOR THE TIME EN ROUTE AND WHILE AT THE PORTS OF DEBARKATION AND EMBARKATION. NOTHING IS FOUND, HOWEVER, IN YOUR ORDERS OR THE DEPARTMENT OF THE ARMY MESSAGE OR SPECIAL REGULATIONS INDICATING THAT ANY COSTS INCIDENT TO THE TRAVEL WOULD NOT BE BORNE BY YOU. ON THE CONTRARY, THE "TEMPORARY DUTY STATUS" CONTEMPLATED BY THE CHANGED REGULATION SEEMS TO HAVE DEFINITE LIMITATIONS. IT WILL BE NOTED THAT YOUR ORDERS, AS AMENDED, MERELY STATE THAT TRAVEL TO AND FROM THE UNITED STATES "WILL BE IN A TDY STATUS.' THEY CONTAIN NO DIRECTION TO PERFORM TEMPORARY DUTY AT ANY POINT NOR WOULD SUCH A DIRECTION SEEM PROPER SINCE LEAVE WAS THE SOLE PURPOSE OF THE ORDERS AND THE TRAVEL. THE REGULATIONS SPECIFICALLY PROVIDE THAT NO PER DIEM WILL BE PAID FOR "TEMPORARY DUTY" IN CONNECTION WITH LEAVE. ALSO, SEE PARAGRAPH 6455 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT PERSONNEL ATTACHED TO ACTIVITIES BEYOND THE CONTINENTAL UNITED STATES SHOULD MAKE DEFINITE PLANS, BEFORE THEY REQUEST LEAVE, AS TO WHEN AND HOW THEY CAN RETURN AT THE EXPIRATION OF THE LEAVE SINCE THE GOVERNMENT CANNOT GUARANTEE RETURN TRANSPORTATION BY GOVERNMENT CONVEYANCE AND WILL NOT AUTHORIZE TRANSPORTATION BY COMMERCIAL CONVEYANCES AT GOVERNMENT EXPENSE.

ON THE BASIS OF THE SHOWING MADE, IT MAY NOT BE CONCLUDED THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR ANY EXPENSES INCURRED INCIDENT TO YOUR OCEAN TRAVEL FROM SEATTLE, WASHINGTON, TO JAPAN, INCIDENT TO YOUR RETURN TO YOUR STATION FROM LEAVE. ACCORDINGLY, THE SETTLEMENT OF MARCH 11, 1955, MUST BE SUSTAINED.

CONCERNING YOUR STATEMENT THAT ANOTHER OFFICER APPEARING ON THE SAME ORDERS WITH YOU DID NOT HAVE TO PAY TRANSPORTATION CHARGES FOR TRANSPORTATION FROM SAN FRANCISCO, CALIFORNIA, TO JAPAN, PRESUMABLY THAT OFFICER RETURNED TO JAPAN ON A GOVERNMENT VESSEL ON A SPACE AVAILABLE BASIS FOR WHICH NO CHARGES WERE MADE.