B-124809, OCT. 27, 1955

B-124809: Oct 27, 1955

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USA: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT MAINZ. WERE ASSIGNED TO DUTY AT CAMP IRWIN. YOU WERE RELIEVED FROM ASSIGNMENT AT CAMP IRWIN UPON EXPIRATION OF LEAVE AND ASSIGNED TO ABERDEEN PROVING GROUND MARYLAND. PAYMENT FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS WAS LIMITED TO MILEAGE FROM FORT HAMILTON TO ABERDEEN PROVING GROUND. YOU WERE IN A TRAVEL STATUS ON NOVEMBER 26. WHEN YOUR ASSIGNMENT WAS CHANGED. THAT YOU WERE NOT NOTIFIED ON THE CHANGE PRIOR TO THE TIME NECESSARY TO COMMENCE TRAVEL UNDER THE ORIGINAL ORDERS. YOU WOULD HAVE COMPLETED TRAVEL TO CAMP IRWIN PRIOR TO THE CHANGE. PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING AT THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS.

B-124809, OCT. 27, 1955

TO FIRST LIEUTENANT CHARLES J. TREAT, USA:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 10, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL ALLOWANCE FOR YOUR TRAVEL FROM FORT HAMILTON, NEW YORK, TO ABERDEEN PROVING GROUND, MARYLAND, VIA CAMP IRWIN, CALIFORNIA, AND ADDITIONAL REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND SON) BETWEEN THE SAME POINTS VIA LAKESIDE, ARIZONA.

BY LETTER ORDER NO. 7-11, DATED JULY 16, 1954, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT MAINZ, GERMANY, AND RETURNED TO THE UNITED STATES FOR FURTHER ASSIGNMENT TO CAMP IRWIN, CALIFORNIA. THE ORDERS PROVIDED FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND SON), AND AUTHORIZED 30 DAYS' LEAVE AND TRAVEL BY PRIVATELY OWNED AUTOMOBILE IN THE UNITED STATES. BY PARAGRAPH 44, SPECIAL ORDERS NO. 241, DATED OCTOBER 19, 1954, FORT HAMILTON, NEW YORK, AND WERE ASSIGNED TO DUTY AT CAMP IRWIN. YOU DEPARTED FORT HAMILTON WITH YOUR DEPENDENTS ON OCTOBER 20, 1954, BY PRIVATELY OWNED AUTOMOBILE. BY ADJUTANT GENERAL'S TELEGRAM DATED NOVEMBER 26, 1954, RECEIVED BY YOU ON THAT DATE AT LAKESIDE, ARIZONA, YOU WERE RELIEVED FROM ASSIGNMENT AT CAMP IRWIN UPON EXPIRATION OF LEAVE AND ASSIGNED TO ABERDEEN PROVING GROUND MARYLAND. THEREAFTER, YOU TRAVELED TO CAMP IRWIN, AND UPON YOUR RETURN TO LAKESIDE YOU TRAVELED WITH YOUR DEPENDENTS TO ABERDEEN PROVING ROUND, ARRIVING THERE ON DECEMBER 11, 1954. PAYMENT FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS WAS LIMITED TO MILEAGE FROM FORT HAMILTON TO ABERDEEN PROVING GROUND.

IN YOUR PRESENT LETTER YOU STATE THAT, SINCE YOUR LEAVE EXPIRED ON NOVEMBER 18, 1954, YOU WERE IN A TRAVEL STATUS ON NOVEMBER 26, 1954, WHEN YOUR ASSIGNMENT WAS CHANGED, AND, THEREFORE, THAT YOU WERE NOT NOTIFIED ON THE CHANGE PRIOR TO THE TIME NECESSARY TO COMMENCE TRAVEL UNDER THE ORIGINAL ORDERS. ALSO, YOU STATE THAT HAD YOU COMMENCED TRAVEL FROM FORT HAMILTON BY RAIL UPON EXPIRATION OF LEAVE, YOU WOULD HAVE COMPLETED TRAVEL TO CAMP IRWIN PRIOR TO THE CHANGE.

PARAGRAPH 3003-LB, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING AT THE NEW STATION IS AUTHORIZED IN CHANGE OF STATION ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

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 THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. WHERE AN OFFICER IS GRANTED LEAVE OR DELAY, INCLUDING DELAY RESULTING FROM ADDITIONAL TIME NECESSARILY GRANTED TO ENABLE HIM TO TRAVEL BY AUTOMOBILE FOR HIS OWN CONVENIENCE AND PLEASURE AS DISTINGUISHED FROM TIME CONSUMED IN TRAVEL BY AUTOMOBILE UNDER ORDERS DIRECTING SUCH TRAVEL AS MORE ADVANTAGEOUS TO THE GOVERNMENT, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES MUST BE BORNE BY THE TRAVELER CONCERNED. 8 COMP. GEN. 524; 9 ID. 315, AND 33 ID. 289.

THE RECORD SHOWS THAT YOU ARRIVED AT FORT HAMILTON, NEW YORK, ON OCTOBER 19, 1954, AND WERE DETACHED UNDER ORDERS OF THE SAME DATE. IN ADDITION TO THE 30 DAYS' LEAVE AUTHORIZED IN YOUR ORDERS--- WHICH EXPIRED NOVEMBER 18, 1954--- THOSE ORDERS PERMITTED YOU TO TRAVEL FROM FORT HAMILTON TO CAMP IRWIN BY PRIVATELY OWNED CONVEYANCE. PERMISSION TO TRAVEL IN THAT MANNER WAS NOT DIRECTED BUT WAS GRANTED ONLY FOR YOUR CONVENIENCE. WHILE THE ORDERS DO NOT SPECIFY ANY PARTICULAR DATE ON WHICH YOU WERE TO REPORT AT CAMP IRWIN, THE DEPARTMENT OF THE ARMY HAD INDICATED THAT YOUR ORDERS CONTEMPLATED THAT YOU WOULD HAVE 12 DAYS FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE. ON THAT BASIS YOUR ORDERS WOULD REQUIRE REPORTING AT CAMP IRWIN ON NOVEMBER 30, 1954. THAT CONCLUSION SEEMS CONSISTENT WITH YOUR UNDERSTANDING OF THE REQUIREMENTS OF YOUR ORDERS SINCE IT IS ESTABLISHED THAT YOU WERE AT LAKESIDE, ARIZONA, YOUR LEAVE ADDRESS, ON NOVEMBER 26, 1954, APPARENTLY IT BEING YOUR INTENTION TO REPORT AT CAMP IRWIN ON NOVEMBER 30. THE TRAVEL TIME PERMITTED BY YOUR ORDERS IN EXCESS OF THE TIME REQUIRED BY RAIL MUST BE CONSIDERED TO BE "DELAY" AND UNDER PARAGRAPH 3003-LB, JOINT TRAVEL REGULATIONS, MUST BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION AND SAME AS LEAVE. 33 COMP. GEN. 289. SINCE YOU WOULD NOT HAVE BEEN REQUIRED TO DEPART FROM FORT HAMILTON BY RAIL UNTIL NOVEMBER 27, 1954, IN ORDER TO REACH CAMP IRWIN NOVEMBER 30, 1954, AND SINCE YOUR ORDERS WERE CHANGED ON NOVEMBER 26, 1954, THERE IS NO AUTHORITY FOR PAYMENT OF TRAVEL ALLOWANCE OR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FOR ANY GREATER DISTANCE THAN FROM FORT HAMILTON TO ABERDEEN PROVING GROUND.

ACCORDINGLY, THE SETTLEMENT OF JUNE 10, 1955, WAS CORRECT AND IS SUSTAINED.