B-125430, APR. 11, 1956

B-125430: Apr 11, 1956

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FC: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9. THAT WHILE STILL AT THAT PLACE THE RESULTS OF HIS CAMP PHYSICAL EXAMINATION WERE RECEIVED WHICH DISCLOSED THAT HE WAS PHYSICALLY DISQUALIFIED. HE WAS RELEASED FROM THE CAMP BY ORDERS OF JULY 1. AUTHORIZES THE PAYMENT OF A TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE TO MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS FROM THE PLACES FROM WHICH THEY ARE AUTHORIZED TO PROCEED TO THE CAMP "AND FOR THE RETURN TRAVEL THERETO.'. HAD THE CLAIMANT BEEN AT FORT HOOD WHEN THE ORDERS OF JULY 1 WERE ISSUED. HE WOULD HAVE BEEN ENTITLED TO THE ALLOWANCE FOR TRAVEL TO HIS HOME. SINCE HE WAS AT HIS HOME AT THAT TIME. NO TRAVEL WAS NECESSARY IN ORDER TO REACH THAT PLACE.

B-125430, APR. 11, 1956

TO MAJOR J. D. GARRETT, FC:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9, 1955, REQUESTING A DECISION AS TO THE ENTITLEMENT OF CADET BILLY G. COUGHRAN TO MILEAGE ALLOWANCE COMPUTED AT THE RATE OF 5 CENTS PER MILE ON THE DISTANCE FROM THE ROTC SUMMER CAMP AT FORT HOOD, TEXAS, TO HIS HOME AT RAYVILLE, LOUISIANA, THE PLACE FROM WHICH HE HAD BEEN ORDERED TO PROCEED TO THE CAMP BY ORDERS DATED APRIL 22, 1955. IN REFERRING YOUR LETTER HERE, THE CHIEF OF FINANCE NOTES THAT PARAGRAPH 1150-12 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES MILEAGE FOR MEMBERS OF THE UNIFORMED SERVICES IN SIMILAR CIRCUMSTANCES.

IT APPEARS THAT THE CLAIMANT RETURNED TO HIS HOME FROM FORT HOOD ON EMERGENCY LEAVE ON JUNE 29, 1955, AND THAT WHILE STILL AT THAT PLACE THE RESULTS OF HIS CAMP PHYSICAL EXAMINATION WERE RECEIVED WHICH DISCLOSED THAT HE WAS PHYSICALLY DISQUALIFIED. HE WAS RELEASED FROM THE CAMP BY ORDERS OF JULY 1, 1955, WITHOUT RETURNING TO FORT HOOD.

SECTION 47A OF THE NATIONAL DEFENSE ACT, AS AMENDED, 10 U.S.C. 441, AUTHORIZES THE PAYMENT OF A TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE TO MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS FROM THE PLACES FROM WHICH THEY ARE AUTHORIZED TO PROCEED TO THE CAMP "AND FOR THE RETURN TRAVEL THERETO.' HAD THE CLAIMANT BEEN AT FORT HOOD WHEN THE ORDERS OF JULY 1 WERE ISSUED, HE WOULD HAVE BEEN ENTITLED TO THE ALLOWANCE FOR TRAVEL TO HIS HOME, BUT SINCE HE WAS AT HIS HOME AT THAT TIME, NO TRAVEL WAS NECESSARY IN ORDER TO REACH THAT PLACE. SUCH ORDERS COULD NOT HAVE THE EFFECT OF RETROACTIVELY ENTITLING HIM TO A TRAVEL ALLOWANCE FOR PRIOR TRAVEL PERFORMED IN A LEAVE STATUS.

AS TO THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO MILEAGE FOR TRAVEL PERFORMED IN A LEAVE STATUS UPON BEING SEPARATED FROM THE SERVICE, RETIRED, OR RELEASED FROM ACTIVE DUTY WHILE AT HOME, SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT:

"UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS * * * UPON SEPARATION FROM THE SERVICE, PLACEMENT UPON THE TEMPORARY DISABILITY RETIRED LIST, RELEASE FROM ACTIVE DUTY, OR RETIREMENT, FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, REGARDLESS OF THE FACT THAT SUCH MEMBER MAY NOT BE A MEMBER OF THE UNIFORMED SERVICES AT THE TIME HIS TRAVEL IS PERFORMED OR IS TO BE PERFORMED. * * * PROVIDED, THAT THE TRAVEL AND TRANSPORTATION ALLOWANCES UNDER CONDITIONS AUTHORIZED HEREIN FOR SUCH MEMBERS MAY BE PAID ON SEPARATION FROM THE SERVICE, OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT SUCH MEMBER PERFORMS THE TRAVEL INVOLVED.'

THUS, THE ACT PROVIDES THAT TRAVEL ALLOWANCES MAY BE PAID ONLY FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS EXCEPT THAT THE ALLOWANCES OTHERWISE PAYABLE FOR THE DISTANCES FROM LAST DUTY STATION TO HOME, OR THE PLACE FROM ORDERED TO ACTIVE DUTY, MAY BE PAID WITHOUT THE REQUIREMENT OF TRAVEL. PRIOR STATUTES PROVIDING FOR THE PAYMENT OF A MONETARY ALLOWANCE FOR TRAVEL PERFORMED BY MEMBERS OF THE UNIFORMED SERVICES CONSISTENTLY HAVE BEEN CONSTRUED AS NOT AUTHORIZING REIMBURSEMENT FOR TRAVEL PERFORMED IN A LEAVE STATUS ON THE BASIS OF ORDERS ISSUED AFTER COMPLETION OF SUCH TRAVEL. 2 COMP. GEN. 625; ELMORE V. UNITED STATES, 61 C.CLS. 173; 19 COMP. GEN. 422. IT FOLLOWS THAT IN THE ABSENCE OF SPECIFIC LEGISLATIVE LANGUAGE EVIDENCING A CONTRARY INTENT, IT MUST BE CONCLUDED THAT THE PROVISIONS CONTAINED IN THE CURRENT STATUTES AUTHORIZING PAYMENT OF TRAVEL ALLOWANCE ON SEPARATION FROM THE SERVICE, OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT THE MEMBER PERFORMS THE TRAVEL INVOLVED RELATE ONLY TO PROSPECTIVE TRAVEL. 32 COMP. GEN. 348. HENCE, PARAGRAPH 1150-12, JOINT TRAVEL REGULATIONS, IS VIEWED SIMPLY AS LIMITING TRAVEL ALLOWANCES PAYABLE TO A MEMBER SEPARATED FROM THE SERVICE OR RELEASED FROM ACTIVE DUTY AT A POINT TO WHICH HE TRAVELED OF HIS OWN CHOICE WHILE ON AUTHORIZED LEAVE WHICH IS A GREATER DISTANCE FROM HIS LAST DUTY STATION THAN IS HIS HOME OR THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.