B-125513, JAN. 30, 1956

B-125513, JAN. 30, 1956

TO COLONEL WILLIAM A. HAGERTY, TC:

REFERENCE IS MADE TO YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE FOR YOUR TRAVEL FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO NEW YORK, NEW YORK, THENCE TO PITTSBURGH, PENNSYLVANIA, VIA WASHINGTON, D.C. ALSO, YOU CLAIM THE SUM OF $12.60 REPRESENTING 14 MEALS DEDUCTED FROM YOUR TRAVEL PER DIEM ALLOWANCE INCIDENT TO YOUR TRAVEL FROM FORMOSA TO TRAVIS AIR FORCE BASE, CALIFORNIA. SINCE A SIMILAR CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 8, 1955, YOUR RECENT CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 121, HEADQUARTERS, MILITARY ASSISTANCE ADVISORY GROUP, FORMOSA, APO 63, DATED AUGUST 19, 1953, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT STATION AND ASSIGNED TO THE NEW YORK PORT OF EMBARKATION, BROOKLYN, NEW YORK, FOR DUTY, 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE BEING AUTHORIZED. THE ORDERS PROVIDED THAT YOU WOULD PROCEED ON OR ABOUT SEPTEMBER 13, 1953, BY MILITARY AIRCRAFT TO MANILA, PHILIPPINE ISLANDS. THE ADJUTANT GENERAL BY ORDERS DATED OCTOBER 16, 1953, ADDRESSED TO YOU AT WASHINGTON, D.C., AMENDED SPECIAL ORDERS NO. 121 TO READ "ASG TO 9231ST TSU, 1ST TRANS ZONE, PITTSBURGH, PA, ALOC M-11.' THE ORDERS CITE AGPA-CU (29 SEP 53) IN THE REFERENCE. YOU WERE PAID THE NET AMOUNT OF $212.28--- ON VOUCHER NO. 5218, DECEMBER 1953 ACCOUNTS OF J. M. BREEN--- REPRESENTING TRAVEL PER DIEM ALLOWANCE INCIDENT TO YOUR TRAVEL FROM FORMOSA TO TRAVIS AIR FORCE BASE, CALIFORNIA, AND MILEAGE FROM TRAVIS AIR FORCE BASE TO PITTSBURGH, PENNSYLVANIA. THERE WAS DEDUCTED FROM THE TRAVEL PER DIEM ALLOWANCE $18 FOR GOVERNMENT QUARTERS AVAILABLE FOR FIVE DAYS, PLUS $12.60 FOR 14 MEALS AVAILABLE. THE VOUCHER, AS CERTIFIED BY YOU, SHOWS THAT YOU DEPARTED FORMOSA BY GOVERNMENT AIRCRAFT ON SEPTEMBER 17, 1953, ARRIVING AT TRAVIS AIR FORCE BASE, CALIFORNIA, ON SEPTEMBER 25, 1953, THAT YOU DEPARTED FROM THAT BASE ON SEPTEMBER 25, 1953, BY PRIVATELY OWNED AUTOMOBILE, ARRIVING AT NEW YORK, NEW YORK, ON SEPTEMBER 29, 1953; AND THAT YOU DEPARTED NEW YORK, NEW YORK, ON OCTOBER 23, 1953, AND ARRIVED IN PITTSBURGH, PENNSYLVANIA, ON THE SAME DAY.

IN YOUR LETTER DATED APRIL 29, 1955, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOU ALLEGED THAT YOU DEPARTED FORMOSA ON SEPTEMBER 17, 1953, AND THAT ON OR ABOUT SEPTEMBER 29, 1953, THE ADJUTANT GENERAL WIRED FORMOSA CHANGING YOUR DUTY STATION TO PITTSBURGH, PENNSYLVANIA. ALSO, YOU STATE THAT ON OR ABOUT OCTOBER 15, 1953, YOU INFORMALLY VISITED THE OFFICE OF THE CHIEF OF TRANSPORTATION (WASHINGTON, D.C.) WHERE YOU WERE ADVISED VERBALLY THAT YOUR ORDERS HAD BEEN CHANGED ORDERING YOU TO THE FIRST TRANSPORTATION ZONE, PITTSBURGH, PENNSYLVANIA, AND ON OCTOBER 16, 1953, THE ADJUTANT GENERAL AMENDED YOUR ORIGINAL ORDERS ASSIGNING YOU TO THAT DUTY STATION.

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.

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 TO REACH HIS DESTINATION ON THE DATE DESIGNATED 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 THE 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 THE ORDERS OF AUGUST 19, 1953, YOU WERE AUTHORIZED 30 DAYS DELAY EN ROUTE CHARGEABLE AS LEAVE. CONSIDERING THAT YOU ARRIVED IN THE UNITED STATES ON SEPTEMBER 25, 1953, IT IS APPARENT THAT YOUR LEAVE HAD NOT EXPIRED ON OCTOBER 16, 1953, WHEN YOUR ORDERS WERE AMENDED AND YOU WERE ADVISED OF SUCH AMENDMENT. THAT CONCLUSION SEEMS CONSISTENT WITH YOUR UNDERSTANDING OF THE REQUIREMENTS OF YOUR ORIGINAL ORDERS AS INDICATED IN YOUR LETTER OF APRIL 29, 1955, STATING THAT ,I INFORMED THE DEPUTY CHIEF OF STAFF THAT I WOULD REPORT FOR DUTY ON 22 OCTOBER.' ACCORDINGLY, UNDER THE LAWS AND REGULATIONS YOU ARE ENTITLED TO MILEAGE FROM THE PORT OF DEBARKATION, TRAVIS AIR FORCE BASE, CALIFORNIA, TO YOUR ULTIMATE NEW DUTY STATION, PITTSBURGH, PENNSYLVANIA. YOU HAVE RECEIVED MILEAGE ON THAT BASIS.

YOUR CLAIM FOR THE SUM OF $12.60 FOR 14 MEALS--- BOX LUNCHES AND MEALS OBTAINED AT MILITARY AIR TRANSPORT TERMINALS--- WHICH WAS DEDUCTED BY THE FINANCE OFFICER FROM YOUR TRAVEL PER DIEM ALLOWANCE MAY NOT BE ALLOWED. DEDUCTIONS OF THAT CHARACTER ARE REQUIRED TO BE MADE BY PARAGRAPH 4254, JOINT TRAVEL REGULATIONS, EVEN THOUGH SOME EXPENSE TO THE OFFICER WAS INVOLVED AND WE FIND NO BASIS FOR CONCLUDING THAT THE DEDUCTIONS MADE IN YOUR CASE WERE IMPROPER. HENCE, ON THE PRESENT RECORD, NO PAYMENT MAY BE MADE ON YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 8, 1955, MUST BE SUSTAINED.