B-125960, FEB. 29, 1956

B-125960: Feb 29, 1956

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INFANTRY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17. YOU WERE RETURNED TO THE UNITED STATES FROM DUTY OVERSEAS. UPON COMPLETION OF WHICH YOU WERE AUTHORIZED 60 DAYS' LEAVE PRIOR TO REPORTING TO YOUR PERMANENT STATION. YOUR LEAVE ADDRESS WAS SHOWN AS FENTON. WHILE YOU WERE ON LEAVE. YOU WERE ASSIGNED TO HEADQUARTERS MICHIGAN MILITARY DISTRICT. UPON EXPIRATION OF LEAVE WERE TO PROCEED TO HEADQUARTERS FIFTH ARMY. UPON YOUR ARRIVAL AT CHICAGO YOU WERE PAID $48.78. THE CITED REGULATION PROVIDES THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY WHILE ON LEAVE. PER DIEM AND TRANSPORTATION OR A MONETARY ALLOWANCE IN LIEU THEREOF ARE PAYABLE FROM THE LEAVE ADDRESS TO THE TEMPORARY DUTY STATION AND FROM THE TEMPORARY DUTY STATION TO THE PERMANENT STATION.

B-125960, FEB. 29, 1956

TO COLONEL JAMES B. MACDOUGALL, INFANTRY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 24, 1955, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE PLUS PER DIEM FOR YOUR TRAVEL FROM FENTON, MICHIGAN, TO CHICAGO, ILLINOIS, DURING THE PERIOD DECEMBER 2, 1954, TO JANUARY 21, 1955.

BY PARAGRAPH 30, SPECIAL ORDERS NO. 248, HEADQUARTERS RYUKYUS COMMAND, DATED OCTOBER 29, 1954, YOU WERE RETURNED TO THE UNITED STATES FROM DUTY OVERSEAS, AND ASSIGNED TO FIFTH ARMY, CHICAGO, ILLINOIS, WITH TEMPORARY DUTY AT FORT BENNING, GEORGIA, FOR APPROXIMATELY FIVE DAYS, UPON COMPLETION OF WHICH YOU WERE AUTHORIZED 60 DAYS' LEAVE PRIOR TO REPORTING TO YOUR PERMANENT STATION. YOUR LEAVE ADDRESS WAS SHOWN AS FENTON, MICHIGAN. WHILE YOU WERE ON LEAVE, BY PARAGRAPH 19, HEADQUARTERS FIFTH ARMY SPECIAL ORDERS NO. 250, DATED DECEMBER 22, 1954, YOU WERE ASSIGNED TO HEADQUARTERS MICHIGAN MILITARY DISTRICT, FORT WAYNE, MICHIGAN, AND UPON EXPIRATION OF LEAVE WERE TO PROCEED TO HEADQUARTERS FIFTH ARMY, CHICAGO, FOR TEMPORARY DUTY, AND THENCE TO CAMP MCCOY, WISCONSIN, FOR FURTHER TEMPORARY DUTY. UPON YOUR ARRIVAL AT CHICAGO YOU WERE PAID $48.78, REPRESENTING MILEAGE AT SIX CENTS PER MILE FROM FORT BENNING TO CHICAGO. IN YOUR PRESENT LETTER YOU PLACE RELIANCE ON PARAGRAPH 4207-2C, JOINT TRAVEL REGULATIONS, AS AUTHORITY FOR ALLOWANCE OF YOUR CLAIM.

THE CITED REGULATION PROVIDES THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY WHILE ON LEAVE, AND THE ORDERS DIRECT HIM TO RETURN TO HIS PERMANENT STATION UPON COMPLETION OF THE TEMPORARY DUTY, PER DIEM AND TRANSPORTATION OR A MONETARY ALLOWANCE IN LIEU THEREOF ARE PAYABLE FROM THE LEAVE ADDRESS TO THE TEMPORARY DUTY STATION AND FROM THE TEMPORARY DUTY STATION TO THE PERMANENT STATION. THE REGULATION APPARENTLY CONTEMPLATES A SITUATION IN WHICH A MEMBER WHO IS ON LEAVE IS DIRECTED TO PERFORM TEMPORARY DUTY AT A STATION OTHER THAN THE DUTY STATION TO WHICH HE IS REQUIRED TO REPORT UPON THE EXPIRATION OF HIS LEAVE. IN YOUR CASE, AT THE TIME YOU RECEIVED THE ORDERS OF DECEMBER 22, 1954, DIRECTING THE PERFORMANCE OF TEMPORARY DUTY AT CHICAGO, YOU ALREADY WERE UNDER ORDERS TO REPORT THERE UPON THE EXPIRATION OF YOUR LEAVE. HENCE, SUCH ORDERS OF DECEMBER 22, 1954, CHANGING YOUR PERMANENT STATION FROM CHICAGO TO FORT WAYNE, MICHIGAN, AND DIRECTING THE PERFORMANCE OF TEMPORARY DUTY AT CHICAGO, MADE NO CHANGE IN THE STATION TO WHICH YOU WERE REQUIRED TO REPORT UPON THE EXPIRATION OF YOUR LEAVE. THEREFORE, UPON YOUR ARRIVAL AT CHICAGO YOUR ENTITLEMENT TO TRAVEL ALLOWANCE WAS LIMITED TO THE DISTANCE FROM FORT BENNING TO CHICAGO.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 24, 1955, WAS CORRECT AND IS SUSTAINED.