B-128835, SEP. 4, 1956

B-128835: Sep 4, 1956

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IT IS REPORTED THAT HE LEFT CORPUS CHRISTI ON AUGUST 15. IT IS INDICATED THAT HIS DEPENDENTS TRAVELED WITH HIM TO SAN FRANCISCO AND IT APPEARS THAT HIS ORDERS WERE INDORSED TO SHOW THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE NOT AVAILABLE. BECAUSE OF THE FACT THAT QUARTERS AND SUBSISTENCE WERE NOT AVAILABLE FOR BOTH HIM AND HIS DEPENDENTS. HE STATES THAT IT WAS NOT HIS DESIRE TO TAKE LEAVE AT THE TIME HIS TRAVEL ORDERS WERE ISSUED AND HE ACTUALLY REPORTED AT SAN FRANCISCO BEFORE THE EXPIRATION OF THE LEAVE GRANTED. A MEMBER OF THE NAVAL SERVICE IS NOT REQUIRED TO USE ALL THE LEAVE GRANTED IN PERMANENT CHANGES OF STATIONS ORDERS AND IF HE REPORTS FOR DUTY AT THE NEW STATION PRIOR TO THE EXPIRATION OF THE LEAVE GRANTED.

B-128835, SEP. 4, 1956

TO D. N. COBA, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF AUGUST 2, 1956, THE OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, FORWARDED YOUR LETTER OF JUNE 28, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF PER DIEM TO MAX WILLIAM KUHNE, ADC, USN, FOR THE PERIOD AUGUST 30 TO SEPTEMBER 3, 1955.

STANDARD TRANSFER ORDER NO. 155-56, PREPARED ON AUGUST 10, 1955, DIRECTED THE ENLISTED MAN TO PROCEED FROM THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, TO THE U.S. NAVAL RECEIVING STATION, SAN FRANCISCO, CALIFORNIA, AND REPORT NOT LATER THAN SEPTEMBER 27, 1955, FOR FURTHER TRANSFER TO HIS NEW STATION AT THE NAVAL AIR STATION, BARBERS POINT, T.H., 4 DAYS' PROCEED TIME, 9 DAYS' TRAVEL TIME AND 30 DAYS' DELAY EN ROUTE BEING AUTHORIZED. IT IS REPORTED THAT HE LEFT CORPUS CHRISTI ON AUGUST 15, ARRIVED AT SAN FRANCISCO ON AUGUST 29, AND DEPARTED FROM ALAMEDA, CALIFORNIA, BY GOVERNMENT AIRCRAFT FOR HAWAII ON SEPTEMBER 4, 1955. IT IS INDICATED THAT HIS DEPENDENTS TRAVELED WITH HIM TO SAN FRANCISCO AND IT APPEARS THAT HIS ORDERS WERE INDORSED TO SHOW THAT GOVERNMENT QUARTERS AND SUBSISTENCE WERE NOT AVAILABLE, BECAUSE OF THE FACT THAT QUARTERS AND SUBSISTENCE WERE NOT AVAILABLE FOR BOTH HIM AND HIS DEPENDENTS. SEE PARAGRAPH 4451-3, JOINT TRAVEL REGULATIONS. HE STATES THAT IT WAS NOT HIS DESIRE TO TAKE LEAVE AT THE TIME HIS TRAVEL ORDERS WERE ISSUED AND HE ACTUALLY REPORTED AT SAN FRANCISCO BEFORE THE EXPIRATION OF THE LEAVE GRANTED.

A MEMBER OF THE NAVAL SERVICE IS NOT REQUIRED TO USE ALL THE LEAVE GRANTED IN PERMANENT CHANGES OF STATIONS ORDERS AND IF HE REPORTS FOR DUTY AT THE NEW STATION PRIOR TO THE EXPIRATION OF THE LEAVE GRANTED, HE IS CHARGED ONLY WITH THE AMOUNT OF LEAVE ACTUALLY USED. SEE PARAGRAPH C- 5318, BUREAU OF NAVAL PERSONNEL MANUAL. THE SAME RULE APPEARS FOR APPLICATION WHERE, AS HERE, THE MEMBER IS DIRECTED TO REPORT AT PORT OF EMBARKATION AT THE EXPIRATION OF LEAVE, FOR TRANSPORTATION OVERSEAS. UNLESS IT IS SHOWN THAT THE DATE OF DETACHMENT AND THE DATE OF REPORTING ARE SO FIXED AS TO PERMIT THE TAKING OF LEAVE GRANTED AND TO COINCIDE WITH TRANSPORTATION TO BE AVAILABLE AT A PARTICULAR TIME AND THUS AVOID UNNECESSARY DELAY WHILE AWAITING TRANSPORTATION, IT CANNOT BE SAID IN ANY PARTICULAR CASE THAT UNNECESSARY TIME WAS SPENT AWAITING TRANSPORTATION BECAUSE OF REPORTING BEFORE EXPIRATION OF LEAVE, IF ALL MEMBERS ARE FURNISHED THE FIRST AVAILABLE TRANSPORTATION AFTER REPORTING. THE COMMANDANT OF THE 12TH NAVAL DISTRICT HAS STATED IN LETTER OF MARCH 19, 1956, THAT WHEN A PERSON REPORTS FOR TRANSPORTATION, HE IS FURNISHED THE FIRST AVAILABLE TRANSPORTATION, WITHOUT REGARD TO WHETHER OR NOT HE USED ALL OF HIS LEAVE PRIOR TO REPORTING FOR TRANSPORTATION. IT IS ASSUMED THAT TRANSPORTATION WAS AVAILABLE FROM SAN FRANCISCO OR ITS ENVIRONS AT REGULAR INTERVALS AND IN THE ABSENCE OF INFORMATION SHOWING THAT KUHNE WAS DIRECTED TO REPORT ON SEPTEMBER 27, 1955, IN ORDER TO UTILIZE TRANSPORTATION THEN AVAILABLE, THERE APPEARS TO BE NO PROPER BASIS TO QUESTION HIS RIGHT TO PER DIEM DURING THE PERIOD INVOLVED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.