B-127847, JUL. 18, 1956

B-127847: Jul 18, 1956

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COBB: REFERENCE IS MADE TO YOUR LETTER OF APRIL 30. YOUR CLAIM APPARENTLY WAS ADVANCED ON THE BASIS THAT AUTHORITY FOR THE TRAVEL IN QUESTION WAS CONTAINED IN A TELEGRAPHIC MESSAGE FROM THE ADJUTANT GENERAL. ISSUED WHILE YOU WERE AT LIVINGSTON. THAT MESSAGE STATED THAT THE APPLICATION SUBMITTED BY YOU FOR DISCHARGE ON ACCOUNT OF HARDSHIP WAS APPROVED. YOUR SEPARATION FROM THE SERVICE WAS DIRECTED. YOU WERE DISCHARGED AT FORT BENNING ON JUNE 15. UNDER SUCH PROVISIONS IT COULD BE CONSIDERED THAT YOU WERE ENTITLED TO THE MILEAGE CLAIMED ONLY IF YOU PROCEEDED FROM CAMP STONEMAN TO FORT BENNING UNDER ORDERS SPECIFICALLY DIRECTING AND REQUIRING THAT THAT TRAVEL BE PERFORMED ON PUBLIC BUSINESS.

B-127847, JUL. 18, 1956

TO MR. BILLY M. COBB:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1956, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 12, 1956, WHICH ALLOWED MILEAGE ONLY FOR THE DISTANCE FROM LIVINGSTON, ALABAMA, TO FORT BENNING, GEORGIA, ON YOUR CLAIM FOR THAT ALLOWANCE FROM CAMP STONEMAN, CALIFORNIA, TO FORT BENNING, INCIDENT TO TRAVEL PERFORMED BY YOU BETWEEN THOSE POINTS WHILE ON ACTIVE DUTY AS A MEMBER OF THE ENLISTED RESERVE CORPS.

YOUR CLAIM APPARENTLY WAS ADVANCED ON THE BASIS THAT AUTHORITY FOR THE TRAVEL IN QUESTION WAS CONTAINED IN A TELEGRAPHIC MESSAGE FROM THE ADJUTANT GENERAL, WASHINGTON, D.C., TO THE COMMANDING GENERAL, FORT BENNING, GEORGIA, DATED MAY 5, 1951, ISSUED WHILE YOU WERE AT LIVINGSTON, ALABAMA, ON EMERGENCY LEAVE FROM YOUR REGULAR MILITARY DUTIES. THAT MESSAGE STATED THAT THE APPLICATION SUBMITTED BY YOU FOR DISCHARGE ON ACCOUNT OF HARDSHIP WAS APPROVED, AND YOUR SEPARATION FROM THE SERVICE WAS DIRECTED. YOU WERE DISCHARGED AT FORT BENNING ON JUNE 15, 1951, AT WHICH TIME YOU RECEIVED TRAVEL PAY FROM FORT BENNING TO YORK, ALABAMA, IN THE AMOUNT OF $16.98.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813 AND PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS PROMULGATED UNDER AUTHORITY OF THAT SECTION PROVIDE FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES ONLY WHILE IN A TRAVEL STATUS PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. UNDER SUCH PROVISIONS IT COULD BE CONSIDERED THAT YOU WERE ENTITLED TO THE MILEAGE CLAIMED ONLY IF YOU PROCEEDED FROM CAMP STONEMAN TO FORT BENNING UNDER ORDERS SPECIFICALLY DIRECTING AND REQUIRING THAT THAT TRAVEL BE PERFORMED ON PUBLIC BUSINESS. THE MESSAGE OF MAY 5, 1951, DID NOT DIRECT NOR REQUIRE TRAVEL ON PUBLIC BUSINESS BUT SERVED ONLY AS AUTHORIZATION FOR SEPARATION PROCESSING GRANTED AT YOUR REQUEST IN CONNECTION WITH YOUR DISCHARGE FROM THE SERVICE. YOUR TRAVEL FROM CAMP STONEMAN TO LIVINGSTON WAS INCIDENT TO THE GRANTING OF EMERGENCY LEAVE FOR WHICH NO TRAVEL ALLOWANCE IS AUTHORIZED. NO EVIDENCE HAS BEEN SUBMITTED TO ESTABLISH THAT YOUR TRAVEL FROM LIVINGSTON TO FORT BENNING WAS UNDER COMPETENT ORDERS AND ON PUBLIC BUSINESS SO AS TO ENTITLE YOU TO THE MILEAGE CLAIMED. COMPARE 33 COMP. GEN. 196, 373.

ACCORDINGLY, IT IS DOUBTFUL THAT YOU WERE ENTITLED TO THE MILEAGE ALLOWED IN THE SETTLEMENT OF APRIL 12, 1956, FOR THE DISTANCE FROM LIVINGSTON TO FORT BENNING, 242 MILES AT SIX CENTS PER MILE, IN THE SUM OF $14.52, OF WHICH AMOUNT $13.62 WAS WITHHELD TO LIQUIDATE YOUR INDEBTEDNESS TO THE GOVERNMENT NOT COLLECTED AT DATE OF DISCHARGE. THE CHECK FOR 90 CENTS ISSUED PURSUANT TO THAT SETTLEMENT, WHICH YOU RETURNED, WILL BE CANCELED. THE DISALLOWANCE OF YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL, WHILE ON LEAVE, FROM CAMP STONEMAN TO LIVINGSTON IS SUSTAINED.