B-128982, SEP 19, 1956

B-128982: Sep 19, 1956

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SECOND LIEUTENANT: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. YOU WERE DIRECTED BY THE ORDERS OF JANUARY 6. WHERE YOU WERE TO REPORT JUNE 30. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. YOU RECEIVED ACTIVE DUTY PAY AND ALLOWANCES COMMENCING ON JUNE 28 BUT CONTEND THAT THE COMMENCING DAY FOR PAY PURPOSES SHOULD HAVE BEEN JUNE 27. PROVIDES THAT WHEN TRAVEL BY PRIVATELY OWNED CONVEYANCE IS SPECIFICALLY AUTHORIZED IN CONNECTION WITH REPORTING FOR ACTIVE DUTY AND TRAVEL IS SO PERFORMED. SPECIFICALLY AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE IT APPEARS THAT YOU WERE PROPERLY ENTITLED UNDER EXECUTIVE ORDER NO. 10153 TO THREE DAYS OF TRAVEL TIME TO COUNT AS ACTIVE DUTY TIME. THERE APPEARS TO HAVE BEEN NO REQUIREMENT THAT YOU PERFORM ANY DUTY ON JUNE 30.

B-128982, SEP 19, 1956

PRECIS-UNAVAILABLE

ERNEST M. FLEISCHER, SECOND LIEUTENANT:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 30, 1956, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FOR ONE DAY, JUNE 27, 1955, INCIDENT TO YOUR BEING ORDERED TO ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE U. S. ARMY RESERVE UNDER ORDERS OF HEADQUARTERS FIFTH ARMY, CHICAGO, ILLINOIS, DATED JANUARY 6, 1955.

YOU WERE DIRECTED BY THE ORDERS OF JANUARY 6, 1955, TO PROCEED ON JUNE 27, 1955, FROM YOUR RESIDENCE AT CAMBRIDGE, MASSACHUSETTS, TO THE FINANCE SCHOOL, FORT BENJAMIN HARRISON, INDIANA, WHERE YOU WERE TO REPORT JUNE 30, 1955, ON TEMPORARY DUTY FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. YOU STATED IN PRESENTING YOUR CLAIM THAT YOU LEFT CAMBRIDGE BY PRIVATELY OWNED CAR ON JUNE 10, 1955, AND THAT YOU SIGNED IN AT FORT BENJAMIN HARRISON AT 4:00 P.M. ON JUNE 30, 1955. YOU RECEIVED ACTIVE DUTY PAY AND ALLOWANCES COMMENCING ON JUNE 28 BUT CONTEND THAT THE COMMENCING DAY FOR PAY PURPOSES SHOULD HAVE BEEN JUNE 27.

SECTION 201(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, CONTAINS A PROVISO AS FOLLOWS:

"*** THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES CALLED OR ORDERED TO EXTENDED ACTIVE DUTY IN EXCESS OF THIRTY DAYS, ACTIVE DUTY SHALL INCLUDE THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS: ***"

EXECUTIVE ORDER NO. 10153, AUGUST 17, 1950, PRESCRIBING REGULATIONS PURSUANT TO THAT SECTION, PROVIDES THAT WHEN TRAVEL BY PRIVATELY OWNED CONVEYANCE IS SPECIFICALLY AUTHORIZED IN CONNECTION WITH REPORTING FOR ACTIVE DUTY AND TRAVEL IS SO PERFORMED, THE TRAVEL TIME TO BE INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES TRAVELED, AND ONE DAY FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES TRAVELED. IT FURTHER PROVIDES THAT THE SECRETARIES CONCERNED MAY PRESCRIBE, WITH RESPECT TO PERSONNEL WITHIN THEIR RESPECTIVE DEPARTMENTS, SUCH SUPPLEMENTARY REGULATIONS AS THEY MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT SUCH REGULATIONS. INASMUCH AS THE ORDERS OF JANUARY 6, 1955, SPECIFICALLY AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE IT APPEARS THAT YOU WERE PROPERLY ENTITLED UNDER EXECUTIVE ORDER NO. 10153 TO THREE DAYS OF TRAVEL TIME TO COUNT AS ACTIVE DUTY TIME, AS YOU CONTEND.

PARAGRAPH 9B(1), CHANGES NO. 2, ARMY REGULATIONS 35-1320 DATED FEBRUARY 25, 1954, PROVIDES THAT THE PAY AND ALLOWANCES OF COMMISSIONED OFFICERS OF THE ARMY RESERVE "COMMENCE ON THE DAY THEY OFFICIALLY AND NECESSARILY BEGIN TO COMPLY WITH THE ORDERS CALLING THEM TO ACTIVE DUTY." THERE APPEARS TO HAVE BEEN NO REQUIREMENT THAT YOU PERFORM ANY DUTY ON JUNE 30, 1955, OTHER THAN THAT OF REPORTING IN AT FORT BENJAMIN HARRISON, WHICH APPARENTLY COULD HAVE BEEN DONE AT ANY HOUR OF THAT DAY. CONSEQUENTLY, THERE APPEARS TO BE NO REASON WHY TRAVEL NECESSARY IN COMPLYING WITH YOUR ORDERS ALSO COULD NOT HAVE BEEN PERFORMED ON THAT DAY AND HENCE, THE DATE THAT YOU NECESSARILY WERE REQUIRED TO BEGIN TO COMPLY WITH YOUR ORDERS TO PERMIT TRAVEL BY PRIVATELY OWNED CONVEYANCE, ALLOWING TRAVEL TIME OF THREE DAYS FOR THAT MODE OF TRANSPORTATION AS AUTHORIZED BY EXECUTIVE ORDER NO. 10153, WAS JUNE 28. YOUR RIGHT TO PAY AND ALLOWANCES, THEREFORE, NECESSARILY MUST BE CONSIDERED TO COMMENCE ON THAT DATE. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF THE ADDITIONAL AMOUNT CLAIMED AND THE SETTLEMENT OF JULY 30, 1956, IS SUSTAINED.