B-127491, MAY 16, 1956, 35 COMP. GEN. 645

B-127491: May 16, 1956

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HAVE BEEN ERRONEOUSLY APPREHENDED AND TRANSPORTED TO ANOTHER AREA ARE NOT WITHIN THE CLASSES OF PERSONS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES PROVIDED IN SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949. THERE IS NO OTHER AUTHORITY FOR FURNISHING TRANSPORTATION AND SUBSISTENCE FOR RETURN TRAVEL TO THE PLACE OF ERRONEOUS APPREHENSION. 1956: REFERENCE IS MADE TO LETTER OF MARCH 31. CERTAIN PERSONS DISCUSSED IN THE LETTER MAY BE AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR RETURN TRAVEL TO THE POINT WHERE THEY WERE ERRONEOUSLY APPREHENDED. IT IS RELATED IN THE LETTER OF MARCH 31. THAT: PERSONS WHO ARE NOT MEMBERS OF THE UNIFORMED SERVICES HAVE BEEN ERRONEOUSLY APPREHENDED AND TRANSPORTED TO ANOTHER AREA.

B-127491, MAY 16, 1956, 35 COMP. GEN. 645

TRAVELING EXPENSES - MILITARY, NAVAL, ETC., PERSONNEL - ERRONEOUS APPREHENSION AND TRANSPORTATION OF FORMER MEMBERS FORMER MEMBERS OF THE UNIFORMED SERVICES WHO, AFTER TERMINATION OF MILITARY STATUS, HAVE BEEN ERRONEOUSLY APPREHENDED AND TRANSPORTED TO ANOTHER AREA ARE NOT WITHIN THE CLASSES OF PERSONS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES PROVIDED IN SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949, AND THERE IS NO OTHER AUTHORITY FOR FURNISHING TRANSPORTATION AND SUBSISTENCE FOR RETURN TRAVEL TO THE PLACE OF ERRONEOUS APPREHENSION.

TO THE SECRETARY OF THE AIR FORCE, MAY 16, 1956:

REFERENCE IS MADE TO LETTER OF MARCH 31, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING A DECISION AS TO WHETHER, UNDER THE PROVISIONS OF SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, CERTAIN PERSONS DISCUSSED IN THE LETTER MAY BE AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR RETURN TRAVEL TO THE POINT WHERE THEY WERE ERRONEOUSLY APPREHENDED.

IT IS RELATED IN THE LETTER OF MARCH 31, 1956, THAT:

PERSONS WHO ARE NOT MEMBERS OF THE UNIFORMED SERVICES HAVE BEEN ERRONEOUSLY APPREHENDED AND TRANSPORTED TO ANOTHER AREA. UPON FINDING THAT SUCH PERSONS ARE NOT SUBJECT TO MILITARY LAW, THEY ARE RELEASED FROM CUSTODY. SINCE THEY HAVE BEEN TRANSPORTED AWAY FROM THE PLACE AT WHICH THEY WERE APPREHENDED, THERE IS AN OBLIGATION TO FURNISH TRANSPORTATION AND SUBSISTENCE FOR RETURN TRAVEL IN SUCH CASES.

WHILE IT IS NOT ENTIRELY CLEAR FROM THE LETTER, IT IS UNDERSTOOD THAT THE TERM "PERSONS WHO ARE NOT MEMBERS OF THE UNIFORMED SERVICES," AS USED IN THE LETTER, HAS REFERENCE TO FORMER MEMBERS WHOSE STATUS AS MEMBERS OF THE UNIFORMED SERVICES SUBJECT TO MILITARY LAW TERMINATED PRIOR TO THEIR APPREHENSION. SECTION 303 (E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 815, 37 U.S.C. 253 (E), READS AS FOLLOWS:

CADETS OF THE UNITED STATES MILITARY ACADEMY, MIDSHIPMEN OF THE UNITED STATES NAVAL ACADEMY, CADETS OF THE UNITED STATES COAST GUARD ACADEMY, APPLICANTS FOR ENLISTMENT, REJECTED APPLICANTS, GENERAL PRISONERS, DISCHARGED PRISONERS, INSANE PATIENTS TRANSFERRED FROM MILITARY HOSPITALS TO OTHER HOSPITALS OR THEIR HOME, AND PERSONS DISCHARGED FROM SAINT ELIZABETHS HOSPITAL AFTER TRANSFER FROM ONE OF THE UNIFORMED SERVICES, SHALL BE ENTITLED TO RECEIVE SUCH TRAVEL AND TRANSPORTATION ALLOWANCES AS ARE PROVIDED IN SUBSECTION (A) OF THIS SECTION, AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, DUE CONSIDERATION BEING GIVEN TO THE RIGHTS OF THE GOVERNMENT AS WELL AS THOSE OF THE INDIVIDUAL IN THE PROMULGATION OF REGULATIONS PRESCRIBING SAID ALLOWANCES.

THE QUOTED SECTION SPECIFICALLY ENUMERATES THE CLASSES OF PERSONS ENTITLED UNDER THAT SECTION TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES. SINCE CIVILIANS MISTAKENLY TAKEN INTO CUSTODY BY MILITARY PERSONNEL AND TRANSPORTED WHILE SO IN CUSTODY ARE NOT INCLUDED, SECTION 303 (E) AFFORDS NO LEGAL BASIS FOR FURNISHING SUCH INDIVIDUALS TRANSPORTATION AND SUBSISTENCE FOR RETURN TRAVEL TO THE PLACE WHERE THEY WERE ERRONEOUSLY APPREHENDED BY MILITARY AUTHORITIES. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.