B-126214, FEB. 28, 1956

B-126214, FEB. 28, 1956

TO LIEUTENANT COLONEL JOHN A. TOWNLEY, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF SEPTEMBER 15, 1955, WITH ENCLOSURES, REQUESTED REVIEW OF AN EXCEPTION ISSUED BY OUR DIVISION OF AUDITS IN THE AMOUNT OF $191.04 TO THE PAYMENT MADE TO CAPTAIN JAMES H. REEGO, ON VOUCHER NO. 806686 OF YOUR NOVEMBER 1953 ACCOUNTS, AS MILEAGE FOR HIS TRAVEL IN THE CIRCUMSTANCES DESCRIBED.

BY ORDERS DATED JULY 1, 1953, CAPTAIN REEGO WAS DIRECTED TO PROCEED FROM CAMP SAN LUIS OBISPO, CALIFORNIA, TO FORT MONMOUTH, NEW JERSEY, FOR TEMPORARY DUTY OF APPROXIMATELY 117 DAYS, AND UPON COMPLETION, TO RETURN TO HIS PROPER ORGANIZATION AND STATION. BY PARAGRAPH 10, SPECIAL ORDERS NO. 193, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED OCTOBER 1, 1953, HE WAS RELEASED FROM ASSIGNMENT TO DUTY AT CAMP SAN LUIS OBISPO, CALIFORNIA, AND ASSIGNED TO DUTY AT BOSTON, MASSACHUSETTS. THE ORDERS AUTHORIZED 15 DAYS DELAY CHARGEABLE AS LEAVE. THE OFFICER SAID THAT HE RECEIVED SUCH ORDERS AT FORT MONMOUTH ON OR ABOUT OCTOBER 20, 1953, AND THAT HE COMPLETED TEMPORARY DUTY THERE ON OCTOBER 20, 1953, AND RETURNED TO CAMP SAN LUIS OBISPO, CALIFORNIA, ON OCTOBER 27, 1953. ALSO, HE SAYS THAT HE LEFT CAMP SAN LUIS OBISPO ON NOVEMBER 3, 1953, AND ARRIVED AT BOSTON, MASSACHUSETTS, ON NOVEMBER 18, 1953, SUCH TRAVEL BEING PERFORMED BY AUTOMOBILE. ON VOUCHER NO. 806686 OF YOUR NOVEMBER 1953 ACCOUNTS, HE WAS PAID $207.36 AS MILEAGE FOR HIS TRAVEL FROM CAMP SAN LUIS OBISPO, CALIFORNIA, TO BOSTON, MASSACHUSETTS. OUR DIVISION OF AUDITS ISSUED AN EXCEPTION TO THAT PAYMENT ON THE BASIS THAT HE WAS ENTITLED TO MILEAGE INCIDENT TO THE PERMANENT CHANGE OF STATION ORDERS DATED OCTOBER 1, 1953, ONLY FROM FORT MONMOUTH, NEW JERSEY, TO BOSTON, MASSACHUSETTS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PROMULGATION OF REGULATIONS GOVERNING TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES "FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS.' PARAGRAPH 4156, CASE 3, CHANGE 13, DATED JULY 1, 1953, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTE, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT A MEMBER WHO RECEIVED ORDERS AT HIS TEMPORARY DUTY STATION DIRECTING HIM TO TRAVEL TO A NEW PERMANENT DUTY STATION WAS ENTITLED TO ALLOWANCES FROM THE TEMPORARY DUTY STATION TO THE NEW STATION, THE TEMPORARY DUTY STATION BEING VIEWED AS THE OLD STATION INSOFAR AS PAYMENT OF ALLOWANCES WAS CONCERNED. THESE REGULATIONS WERE IN CONSONANCE WITH THE LONG ESTABLISHED PRINCIPLE THAT WHERE CHANGE OF STATION ORDERS ARE RECEIVED AT A TEMPORARY DUTY STATION NO OFFICIAL TRAVEL ORDINARILY IS REQUIRED IN EXCESS OF THE DISTANCE FROM THE TEMPORARY DUTY STATION TO THE NEW DUTY STATION. WHERE ADDITIONAL TRAVEL, NOT REQUIRED BY OFFICIAL DUTIES, IS PERFORMED, SUCH TRAVEL IS REGARDED AS TRAVEL FOR PERSONAL REASONS FOR WHICH NO REIMBURSEMENT IS AUTHORIZED. SEE PERRIMOND V. UNITED STATES, 19 C.CLS. 509.

UNDER THE APPLICABLE REGULATIONS, CAPTAIN REEGO WAS ENTITLED TO MILEAGE COMPUTED AT THE RATE OF 6 CENTS A MILE FOR THE DISTANCE (272 MILES) FROM FORT MONMOUTH, NEW JERSEY, TO BOSTON, MASSACHUSETTS, OR $16,32. SINCE HE WAS PAID $207.36 ON VOUCHER NO. 806686 AS MILEAGE COMPUTED ON THE DISTANCE (3456 MILES) FROM CAMP SAN LUIS OBISPO, CALIFORNIA, TO BOSTON, MASSACHUSETTS, HE WAS OVERPAID THE SUM OF $191.04. (DIFFERENCE BETWEEN $207.36 AND $16.32) THUS RESULTING IN AN INDEBTEDNESS TO THE UNITED STATES. HENCE, THE AUDIT EXCEPTION AS TAKEN WAS REQUIRED BY LAW AND IS CORRECT.