B-130494, MAR. 6, 1957

B-130494: Mar 6, 1957

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DECKER: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6. YOUR HOME WAS RECORDED AS PORTLAND. YOU WERE DISCHARGED PRIOR TO EXPIRATION OF ENLISTMENT FOR THE EXPRESS PURPOSE OF ACCEPTING A COMMISSION AS SECOND LIEUTENANT. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE OCTOBER 11. YOU WERE AUTHORIZED TRAVEL PAY TO FORT BELVOIR. YOU WERE PAID MILEAGE FOR THE DISTANCE FROM FORT ORD. ON THE BASIS OF THAT COMPUTATION IT WAS DETERMINED THAT YOU HAD BEEN OVERPAID $168.30. YOUR REQUEST FOR REVIEW IS BASED ON THE ORDERS OF OCTOBER 7. YOU CONTEND THAT THE CITED DECISION IS NOT APPLICABLE TO YOUR CASE INASMUCH AS IT WAS ISSUED SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY. THE TRAVEL OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949.

B-130494, MAR. 6, 1957

TO MR. HENRY J. DECKER:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6, 1957, IN EFFECT REQUESTING RECONSIDERATION OF OUR ACTION OF NOVEMBER 27, 1956, PERTAINING TO REFUND OF AN OVERPAYMENT IN THE SUM OF $168.30, MADE TO YOU UPON YOUR RELEASE FROM ACTIVE MILITARY SERVICE.

THE RECORD SHOWS THAT YOU ENLISTED ON JULY 16, 1951, FOR THREE YEARS. YOUR HOME WAS RECORDED AS PORTLAND, OREGON, AND THE RECORD INDICATES THAT YOU ENTERED THE SERVICE AT THAT PLACE. ON JULY 7, 1952, WHILE STATIONED AT FORT BELVOIR, VIRGINIA, YOU WERE DISCHARGED PRIOR TO EXPIRATION OF ENLISTMENT FOR THE EXPRESS PURPOSE OF ACCEPTING A COMMISSION AS SECOND LIEUTENANT, EFFECTIVE JULY 8, 1952. BY PARAGRAPH 32, SPECIAL ORDERS NO. 237, DATED OCTOBER 7, 1953, FORT ORD, CALIFORNIA, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE OCTOBER 11, 1953, AND DIRECTED TO PROCEED TO 2734 BRYCE, PORTLAND, OREGON. THE ORDERS FURTHER STATED THAT UNDER THE PROVISIONS OF CHAPTER FOUR, JOINT TRAVEL REGULATIONS, YOU WERE AUTHORIZED TRAVEL PAY TO FORT BELVOIR, VIRGINIA, PLACE OF ENTRY ON ACTIVE DUTY. YOU WERE PAID MILEAGE FOR THE DISTANCE FROM FORT ORD, CALIFORNIA, TO FORT BELVOIR, VIRGINIA, PLUS ACTIVE DUTY PAY FOR TRAVEL TIME BETWEEN THOSE POINTS. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, HOWEVER, WE TOOK EXCEPTION TO THE PAYMENT OF MILEAGE IN EXCESS OF THE DISTANCE FROM FORT ORD, CALIFORNIA, TO PORTLAND, OREGON, PLUS ACTIVE DUTY PAY FOR THE TIME REQUIRED TO TRAVEL BETWEEN THOSE POINTS, CITING OUR DECISION B-120297, DATED SEPTEMBER 8, 1954. ON THE BASIS OF THAT COMPUTATION IT WAS DETERMINED THAT YOU HAD BEEN OVERPAID $168.30. YOUR REQUEST FOR REVIEW IS BASED ON THE ORDERS OF OCTOBER 7, 1953; ALSO, YOU CONTEND THAT THE CITED DECISION IS NOT APPLICABLE TO YOUR CASE INASMUCH AS IT WAS ISSUED SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY.

THE TRAVEL OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. AT THE TIME OF YOUR DISCHARGE FOR THE PURPOSE OF ACCEPTING A COMMISSION, AS WELL AS WHEN YOU WERE RELEASED FROM ACTIVE DUTY AS AN OFFICER, CHAPTER FOUR OF THOSE REGULATIONS (PARAGRAPH 4156, CASE 19), SPECIFICALLY PROVIDED THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE EXPRESS PURPOSE OF CONTINUING IN THE SERVICE (OTHER THAN EXPIRATION OF ENLISTMENT) IN THE SAME OR IN ANOTHER STATUS IS NOT ENTITLED TO MILEAGE ON SUCH DISCHARGE. HOWEVER, UPON ULTIMATE SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY, HE IS ENTITLED TO MILEAGE FROM THE PLACE OF SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY TO THE PLACE OF ENTRY INTO THE SERVICE, OR TO THE HOME OF RECORD. THERE ALSO WAS IN EFFECT EXECUTIVE ORDER 10153, DATED AUGUST 17, 1950, PROMULGATED PURSUANT TO SECTION 201 (E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807. THE SAID ORDER PROVIDES THAT ACTIVE DUTY SHALL INCLUDE THE TIME REQUIRED FOR TRAVEL FROM ,HOME" TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO "HOME.' IT FURTHER PROVIDES THAT THE SECRETARIES OF THE SERVICES CONCERNED MAY PRESCRIBE SUPPLEMENTARY REGULATIONS NOT INCONSISTENT THEREWITH. THE SECRETARY OF THE ARMY IN PRESCRIBING SUCH SUPPLEMENTARY REGULATIONS PROVIDED THAT ACTIVE DUTY PAY AND ALLOWANCES SHALL BE PAYABLE FOR TRAVEL TIME TO THE HOME OR TO THE "PLACE FROM WHICH THE MEMBER ENTERED THE MILITARY SERVICE.'

WHILE OUR DECISION B-120297 (TO THE SECRETARY OF DEFENSE RELATIVE TO CASES IDENTICAL WITH YOURS) WAS RENDERED SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY, IT WAS BASED ON THE LAW, EXECUTIVE ORDER, AND REGULATIONS MENTIONED ABOVE, ALL OF WHICH WERE IN EFFECT WHEN YOU WERE IN THE SERVICE.

SINCE FORT BELVOIR, VIRGINIA, THE MILITARY INSTALLATION AT WHICH YOUR STATUS WAS CHANGED FROM THAT OF AN ENLISTED MAN TO COMMISSIONED RESERVIST, WAS NEITHER YOUR HOME NOR THE PLACE FROM WHICH YOU ENTERED THE MILITARY SERVICE, IT SEEMS CLEAR THAT YOU WERE NOT ENTITLED TO MILEAGE AND ACTIVE DUTY PAY FOR TRAVEL TIME THERETO NOTWITHSTANDING THE PROVISION IN YOUR ORDERS OF OCTOBER 7, 1953.

ACCORDINGLY YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $168.30. YOUR REMITTANCE IN THE FORM OF A CHECK OR MONEY ORDERS PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :