B-127502, JUN. 8, 1956

B-127502: Jun 8, 1956

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REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF PRIVATE HARRY E. PRIVATE BRYAN WAS RELEASED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO THE ENGINEER SCHOOL. BUS OR AIR) IS DIRECTED. PRIVATE BRYAN STATES THAT HE WAS GIVEN ADVANCE TRAVEL PAY BUT THAT SUCH PAY HAS SINCE BEEN CHECKED IN HIS PAY ACCOUNT. ON THE BASIS THAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS UTILIZED FOR A PART OF THE TRAVEL BETWEEN THE OLD STATION AND THE LEAVE POINT DURING THE PERIOD OF DELAY EN ROUTE. (2) IS IT CORRECT TO CONSTRUE THE CITED ARMY REGULATIONS AS PREVENTING THE ORDER-ISSUING AUTHORITY FROM SUBSEQUENTLY APPROVING THE MODE OF TRAVEL UNTILIZED DURING THE PERIOD OF DELAY. (3) IS THE ENLISTED MAN ENTITLED TO PAYMENT FOR ALL TRAVEL BETWEEN THE OLD AND THE NEW STATION BY REASON OF RETROACTIVE APPROVAL OF SUCH TRAVEL.

B-127502, JUN. 8, 1956

TO LIEUTENANT COLONEL R. J. CLYNES, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF MARCH 30, 1956, WITH ENCLOSURES, FORWARDED HERE BY FIRST INDORSEMENT DATED APRIL 4, 1956, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER STATED IN FAVOR OF PRIVATE HARRY E. BRYAN, US- 56256265, FOR MILEAGE FOR HIS TRAVEL FROM FORT ORD, CALIFORNIA, TO FORT BELVOIR, VIRGINIA, PURSUANT TO ORDERS DATED MARCH 3, 1955.

BY PARAGRAPH 111, SPECIAL ORDERS NO. 51, DATED MARCH 3, 1955, HEADQUARTERS 6TH INFANTRY DIVISION, FORT ORD, CALIFORNIA, PRIVATE BRYAN WAS RELEASED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO THE ENGINEER SCHOOL, FORT BELVOIR, VIRGINIA, FOR TRAINING, REPORTING THERE NOT LATER THAN APRIL 1, 1955. THE ORDERS AUTHORIZED EIGHT DAYS' LEAVE DELAY EN ROUTE, AND EXPRESSLY PROVIDED "TVL BY GOVT OR COML TRANS (RAIL, BUS OR AIR) IS DIRECTED. TVL BY PRIVATE AUTO NOT TH.' PRIVATE BRYAN CERTIFIES, AS SHOWN ON THE VOUCHER, THAT ON MARCH 19, 1955, HE TRAVELED BY PRIVATELY OWNED VEHICLE FROM FORT ORD, CALIFORNIA, TO SAN FRANCISCO, CALIFORNIA; THAT ON MARCH 20, 1955, HE LEFT SAN FRANCISCO AND ARRIVED AT YREKA, CALIFORNIA, WHERE HE REMAINED UNTIL MARCH 30, 1955; AND THAT HE THEN PROCEEDED BY AIRPLANE TO SAN FRANCISCO AND THENCE TO FORT BELVOIR, VIRGINIA, ARRIVING THERE APRIL 1, 1955. PRIVATE BRYAN STATES THAT HE WAS GIVEN ADVANCE TRAVEL PAY BUT THAT SUCH PAY HAS SINCE BEEN CHECKED IN HIS PAY ACCOUNT.

ON THE BASIS THAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS UTILIZED FOR A PART OF THE TRAVEL BETWEEN THE OLD STATION AND THE LEAVE POINT DURING THE PERIOD OF DELAY EN ROUTE, YOU ASK WHETHER, UNDER THE PROVISIONS OF PARAGRAPH 9A/4), ARMY REGULATIONS 310-25, DATED JANUARY 18, 1955, (1) PAYMENT SHOULD BE DENIED FOR ALL OF THE ORDERED TRAVEL BETWEEN THE OLD AND THE NEW STATION; (2) IS IT CORRECT TO CONSTRUE THE CITED ARMY REGULATIONS AS PREVENTING THE ORDER-ISSUING AUTHORITY FROM SUBSEQUENTLY APPROVING THE MODE OF TRAVEL UNTILIZED DURING THE PERIOD OF DELAY; AND (3) IS THE ENLISTED MAN ENTITLED TO PAYMENT FOR ALL TRAVEL BETWEEN THE OLD AND THE NEW STATION BY REASON OF RETROACTIVE APPROVAL OF SUCH TRAVEL.

THE SUBMITTED FILE CONTAINS A COPY OF SECOND INDORSEMENT DATED APRIL 1, 1955, FROM THE OFFICE OF THE CHIEF OF FINANCE TO THE COMMANDING GENERAL, TEC, AT FORT BELVOIR, VIRGINIA, STATING THAT THE PROVISIONS OF PARAGRAPH 4150-3, JOINT TRAVEL REGULATIONS, WERE IMPLEMENTED BY ARMY REGULATIONS 310 -25, JANUARY 18, 1955. PARAGRAPH 4150-3, JOINT TRAVEL REGULATIONS, AUTHORIZES EACH OF THE UNIFORMED SERVICES TO ISSUE ADMINISTRATIVE REGULATIONS GOVERNING THE CONDITIONS UNDER WHICH ORDER-ISSUING AGENCIES MAY DIRECT MEMBERS TRAVELING ON A PERMANENT CHANGE OF STATION AS INDIVIDUALS TO UTILIZE A PARTICULAR MODE OF COMMERCIAL TRANSPORTATION, PROVIDED SUCH REGULATIONS CLEARLY INDICATE THAT SUCH ADMINISTRATIVE CONTROL WOULD BE LIMITED TO CASES WHERE THE EXIGENCIES OF THE SERVICE SO REQUIRE. THAT PARAGRAPH FURTHER PROVIDES THAT IN THE EVENT A MEMBER FAILS TO TRAVEL BY THE MODE OF TRANSPORTATION SPECIFIED, HE IS NOT ENTITLED TO ANY REIMBURSEMENT FOR THE TRAVEL PERFORMED UNLESS THE ORDER-ISSUING AUTHORITY SUBSEQUENTLY APPROVES THE MODE OF TRANSPORTATION ACTUALLY UTILIZED. PARAGRAPH 9A/4). ARMY REGULATIONS 310-25, DATED JANUARY 18, 1955, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT TRAVEL BY GOVERNMENT OR COMMERCIAL TRANSPORTATION (RAIL, BUS, OR AIR) WOULD BE DIRECTED FOR ENLISTED TRAINEE PERSONNEL TRAVELING TO OR BETWEEN TRAINING ACTIVITIES DURING BASIC OR ADVANCED TRAINING, INCLUDING SCHOOLS.

WHILE UNDER THE ORDERS OF MARCH 3, 1955, PRIVATE BRYAN WAS DIRECTED TO TRAVEL BY GOVERNMENT OR COMMERCIAL TRANSPORTATION (RAIL, BUS OR AIR), THE ORDERS DID NOT SPECIFY THE PARTICULAR MODE OF COMMERCIAL TRANSPORTATION TO BE USED AS CONTEMPLATED BY PARAGRAPH 4150-3 OF THE JOINT TRAVEL REGULATIONS. FURTHER, AS STATED IN 4TH INDORSEMENT, HEADQUARTERS, FORT ORD, CALIFORNIA, DATED MARCH 19, 1956, THE ORDER ISSUING AUTHORITY AT FORT ORD HAS NOW APPROVED THE MODE OF TRAVEL UTILIZED BY PRIVATE BRYAN, ON THE GROUND THAT THE MODE OF TRAVEL DIRECTED WAS NOT REQUIRED BY EXIGENCIES OF THE SERVICE. ON THAT BASIS, PRIVATE BRYAN IS ENTITLED TO THE PAYMENT OF MILEAGE FOR ALL ORDERED TRAVEL PERFORMED BETWEEN FORT ORD, CALIFORNIA, AND FORT BELVOIR, VIRGINIA. SINCE QUESTION 3 IS ANSWERED IN THE AFFIRMATIVE, NO SPECIFIC ANSWERS TO QUESTIONS 1 AND 2 APPEAR REQUIRED.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT ON THE VOUCHER BEING AUTHORIZED, IF OTHERWISE CORRECT.