B-130261, MAR. 12, 1957

B-130261: Mar 12, 1957

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DECISION ALSO IS REQUESTED WHETHER YOU OTHERWISE MAY REIMBURSE HIM FOR SUCH TRAVEL. JAMES WAS ON LEAVE FROM THE U.S.S. HE WAS ADVISED THAT EMERGENCY LEAVE WAS GRANTED FROM JULY 6 TO EXPIRE ON BOARD THE U.S.S. THE ENLISTED MAN WAS DIRECTED TO PROCEED AND REPORT TO THE U.S.S. WHERE HE WAS TO REPORT FOR TREATMENT. INDORSEMENTS ON THE ORDERS SHOW THAT HE REPORTED TO THE NAVAL HOSPITAL AT GREAT LAKES ON JULY 20 AND THAT HE WAS DISCHARGED FROM TREATMENT THERE ON AUGUST 2. TRANSPORTATION REQUEST COVERING COACH TRANSPORTATION FROM GREAT LAKES TO SAN DIEGO WAS ISSUED AND THE VALUE OF SUCH TRANSPORTATION. WAS CHECKED IN THE ENLISTED MAN'S PAY ACCOUNT. YOU EXPRESS DOUBT AS TO WHETHER THAT CHECK AGE WAS PROPER UNDER THE CIRCUMSTANCES INVOLVED.

B-130261, MAR. 12, 1957

TO ENSIGN R. W. BOLLIGER, SC, USNR DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY LETTER DATED JANUARY 4, 1957, FILE JAG:1342.1:SH, THE JUDGE ADVOCATE GENERAL OF THE NAVY TRANSMITTED YOUR LETTER OF SEPTEMBER 25, 1956, WITH ENCLOSURES, REQUESTING DECISION WHETHER REFUND MAY LEGALLY BE MADE TO CHARLES B. JAMES, FP3, U.S. NAVY, IN THE SUM OF $52.39, CHECKED IN HIS PAY ACCOUNT. THAT AMOUNT REPRESENTS THE VALUE OF TRANSPORTATION FURNISHED TO HIM BY TRANSPORTATION REQUEST FOR TRAVEL PERFORMED BY RAIL FROM GREAT LAKES, ILLINOIS, TO SAN DIEGO, CALIFORNIA, ON AUGUST 2 AND 3, 1956. DECISION ALSO IS REQUESTED WHETHER YOU OTHERWISE MAY REIMBURSE HIM FOR SUCH TRAVEL.

YOU STATE THAT WHILE MR. JAMES WAS ON LEAVE FROM THE U.S.S. WILKINSON (DL -5), THEN AT NEWPORT, RHODE ISLAND, HE BECAME ILL AND REPORTED TO A HOSPITAL IN DEARBORN, MICHIGAN, FOR TREATMENT. BY TELEGRAM DATED JULY 7, 1956, ADDRESSED TO HIM AT DETROIT, MICHIGAN, HE WAS ADVISED THAT EMERGENCY LEAVE WAS GRANTED FROM JULY 6 TO EXPIRE ON BOARD THE U.S.S. WILKINSON, AT NEWPORT ON JULY 16. BY TRANSFER ORDER NO. 36-57, DATED JULY 17, 1956, OF THE U.S.S. WILKINSON, ISSUED UNDER AUTHORITY OF THE PROVISIONS OF BUPERS INSTRUCTION 1306.50A, DATED SEPTEMBER 30, 1955, THE ENLISTED MAN WAS DIRECTED TO PROCEED AND REPORT TO THE U.S.S. WILKINSON AT SAN DIEGO, CALIFORNIA, BY WAY OF THE U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, WHERE HE WAS TO REPORT FOR TREATMENT. INDORSEMENTS ON THE ORDERS SHOW THAT HE REPORTED TO THE NAVAL HOSPITAL AT GREAT LAKES ON JULY 20 AND THAT HE WAS DISCHARGED FROM TREATMENT THERE ON AUGUST 2, 1956. TRANSPORTATION REQUEST COVERING COACH TRANSPORTATION FROM GREAT LAKES TO SAN DIEGO WAS ISSUED AND THE VALUE OF SUCH TRANSPORTATION, $52.39, WAS CHECKED IN THE ENLISTED MAN'S PAY ACCOUNT. YOU EXPRESS DOUBT AS TO WHETHER THAT CHECK AGE WAS PROPER UNDER THE CIRCUMSTANCES INVOLVED.

A MEMBER OF THE UNIFORMED SERVICES AWAY FROM HIS DUTY STATION ON LEAVE OF ABSENCE IS UNDER THE OBLIGATION TO RETURN TO THE STATION AT HIS OWN EXPENSE. IF, HOWEVER, HIS DUTY ASSIGNMENT IS ABOARD A SHIP, THE LOCATION OF WHICH IS CHANGED WHILE HE IS ON LEAVE, PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS (CASE 11) PROVIDES THAT ALLOWANCES FOR THE TRAVEL UPON RETURNING TO THE SHIP ARE PAYABLE ONLY FOR THE EXCESS DISTANCE, IF ANY, FROM THE PLACE WHERE ORDERS TO THE NEW LOCATION WERE RECEIVED TO SUCH NEW LOCATED OVER THAT INVOLVED FROM THE PLACE OF RECEIPT OF THE ORDERS TO THE LOCATION OF THE SHIP FROM WHICH THE LEAVE BEGAN, NOT TO EXCEED THE DISTANCE INVOLVED FROM THE OLD TO THE NEW LOCATION OF THE SHIP. PRIOR TO THE ISSUANCE OF THE ORDERS OF JULY 17, 1956, MR. JAMES WAS ON LEAVE AT DETROIT AND UNDER THE OBLIGATION TO RETURN TO NEWPORT AT HIS OWN EXPENSE. WHILE THOSE ORDERS DIRECTED THAT HE REPORT AT GREAT LAKES FOR TREATMENT PRIOR TO RETURNING TO THE SHIP AT ITS NEW LOCATION AT SAN DIEGO, THE EFFECT OF THE ORDER, INSOFAR AS PERTAINING TO THE RIGHT TO TRAVEL ALLOWANCES, WAS TO REQUIRE TRAVEL BY WAY OF GREAT LAKES, RATHER THAN DIRECTLY FROM DETROIT TO SAN DIEGO IN RETURNING TO THE SHIP. 26 COMP. GEN. 628. THEREFORE, THE GOVERNMENT WAS OBLIGATED, UNDER THE CITED PROVISIONS OF PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS, FOR THE TRAVEL BY THAT ROUTE TO THE EXTENT THAT IT EXCEEDED THE DISTANCE OF THE TRAVEL THAT WOULD HAVE BEEN REQUIRED IN RETURNING FROM DETROIT TO NEWPORT.

THE OFFICIAL MILEAGE TABLES SHOW THE DISTANCE FROM DETROIT TO NEWPORT TO BE 818 MILES, AND THE DISTANCES FROM DETROIT TO GREAT LAKES AND FROM GREAT LAKES TO SAN DIEGO TO BE 316 MILES AND 2,384 MILES, RESPECTIVELY, A TOTAL OF 2,700 MILES. THE EXPENSES OF THE ENLISTED MAN'S TRAVEL, THEREFORE, WERE HIS OBLIGATION ONLY FOR THE DISTANCE OF 818 MILES OF THE 2,700 MILES INVOLVED, THE REMAINDER BEING AN OBLIGATION OF THE GOVERNMENT. PRESUMABLY TRAVELED FROM DETROIT TO GREAT LAKES, 316 MILES, AT PERSONAL EXPENSE, THERE BEING NO INDORSEMENT ON THE ORDERS INDICATING THAT TRANSPORTATION WAS FURNISHED FOR THAT TRAVEL. HE THEREFORE WAS REQUIRED TO TRAVEL AT HIS OWN EXPENSE AN ADDITIONAL 502 MILES FROM GREAT LAKES TOWARD SAN DIEGO TO FULFILL HIS 818 MILE OBLIGATION. CONSEQUENTLY, SINCE THE VALUE OF THE TRANSPORTATION FURNISHED FOR THE 2,384 MILES FROM GREAT LAKES TO SAN DIEGO WAS $52.39, HIS OBLIGATION IN THE MATTER, AND THE AMOUNT THAT SHOULD HAVE BEEN CHECKED IN HIS PAY ACCOUNT, WAS 502/2384 OF $52.39, OR $11.03. ACCORDINGLY, IT APPEARS THAT HE PROPERLY MAY BE PAID $41.36 AS REIMBURSEMENT FOR THE EXCESS CHECK AGE MADE IN HIS PAY ACCOUNT. THE ENCLOSURES WITH YOUR LETTER ARE RETURNED HEREWITH.