B-132545, SEP. 19, 1957

B-132545: Sep 19, 1957

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USNR: REFERENCE IS MADE TO YOUR LETTER OF JUNE 20. THAT UPON RECEIPT OF THE ORDERS AND SINCE YOUR HOME IS IN ZUMBROTA. THAT YOU HAVE RECEIVED NO REPLY FROM THE CHIEF OF NAVAL PERSONNEL TO YOUR REQUEST FOR SUCH CHANGE IN YOUR ORDERS. WHICH HAVE NOT BEEN AMENDED. YOU WERE DIRECTED TO REPORT FOR PHYSICAL EXAMINATION AND IF FOUND PHYSICALLY QUALIFIED FOR DUTY YOU WERE TO RETURN TO THE INDICATED ADDRESS AND UPON ARRIVAL TO CONSIDER YOURSELF RELEASED FROM TEMPORARY ACTIVE DUTY UNTIL SUCH TIME AS WAS NECESSARY TO PROCEED TO OAKLAND. THE RECORD INDICATES THAT THESE ORDERS WERE RECEIVED BY YOU ON JUNE 6. FOR EXAMINATION AND WERE FOUND PHYSICALLY QUALIFIED. YOU WERE DETACHED FROM THE ASSIGNED TEMPORARY DUTY AND DIRECTED TO PROCEED TO SEATTLE.

B-132545, SEP. 19, 1957

TO LIEUTENANT NEIL R. THOMFORD, MC, USNR:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 20, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JANUARY 17, 1957, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD AUGUST 14, TO SEPTEMBER 6, 1956, AND FOR MILEAGE FOR TRAVEL PERFORMED FROM ZUMBROTA, MINNESOTA, TO OAKLAND, CALIFORNIA, DURING THE PERIOD AUGUST 11-13, 1956.

IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM, YOU STATE THAT WHILE INTERNING IN OAKLAND, CALIFORNIA, YOU RECEIVED ORDERS DATED MAY 22, 1956, CALLING YOU TO ACTIVE DUTY; THAT UPON RECEIPT OF THE ORDERS AND SINCE YOUR HOME IS IN ZUMBROTA, MINNESOTA, YOU DISCUSSED YOUR FUTURE PLANS WITH PERSONNEL IN THE TRAVEL OFFICE AT THE OAK KNOLL NAVAL HOSPITAL WHO ADVISED YOU TO ACCEPT THE ORDERS AND REQUEST A CHANGE OF ADDRESS THEREON; THAT YOU HAVE RECEIVED NO REPLY FROM THE CHIEF OF NAVAL PERSONNEL TO YOUR REQUEST FOR SUCH CHANGE IN YOUR ORDERS; THAT ON JUNE 30, 1956, YOU RETURNED TO YOUR HOME IN MINNESOTA AS PLANNED; AND THAT ON AUGUST 13, 1956, YOU REPORTED FOR DUTY.

BY ORDERS DATED MAY 22, 1956, WHICH HAVE NOT BEEN AMENDED, ADDRESSED TO YOU AT 2701 FOURTEENTH AVENUE, OAKLAND, CALIFORNIA, YOU WERE DIRECTED TO REPORT FOR PHYSICAL EXAMINATION AND IF FOUND PHYSICALLY QUALIFIED FOR DUTY YOU WERE TO RETURN TO THE INDICATED ADDRESS AND UPON ARRIVAL TO CONSIDER YOURSELF RELEASED FROM TEMPORARY ACTIVE DUTY UNTIL SUCH TIME AS WAS NECESSARY TO PROCEED TO OAKLAND, CALIFORNIA, IN ORDER TO REPORT ON AUGUST 13, 1956, FOR TEMPORARY ACTIVE DUTY PENDING FURTHER ASSIGNMENT TO DUTY BY THE CHIEF OF NAVAL PERSONNEL. THE RECORD INDICATES THAT THESE ORDERS WERE RECEIVED BY YOU ON JUNE 6, 1956, AT THE PLACE TO WHICH ADDRESSED, AND THAT ON JUNE 12, 1956, YOU REPORTED TO THE U.S. NAVAL HOSPITAL, OAKLAND, CALIFORNIA, FOR EXAMINATION AND WERE FOUND PHYSICALLY QUALIFIED. AUGUST 10, 1956, YOU LEFT YOUR HOME AT ZUMBROTA, MINNESOTA, AND ARRIVED AT OAKLAND, CALIFORNIA, ON AUGUST 12, 1956, AND ON THE SAME DAY YOU REPORTED TO THE U.S. NAVAL HOSPITAL AS DIRECTED FOR TEMPORARY DUTY PENDING FURTHER ASSIGNMENT TO DUTY. BY FURTHER ORDERS DATED SEPTEMBER 7, 1956, YOU WERE DETACHED FROM THE ASSIGNED TEMPORARY DUTY AND DIRECTED TO PROCEED TO SEATTLE, WASHINGTON, AND REPORT TO THE MILITARY SEA TRANSPORTATION SERVICE, NORTH PACIFIC SUBAREA, FOR DUTY AFLOAT.

PARAGRAPH 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION, UPON A PERMANENT CHANGE OF STATION, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. THE JOINT TRAVEL REGULATIONS IMPLEMENTING THIS STATUTE PROVIDE IN PARAGRAPH 3000 THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. IN PARAGRAPH 3003-1A THESE REGULATIONS DEFINE THE TERM PERMANENT CHANGE OF STATION AS INCLUDING THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION, AND AS TO RESERVISTS NOT COMMISSIONED FOR IMMEDIATE ACTIVE DUTY THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY IS FURTHER DEFINED IN PARAGRAPH 1150-11 AS "THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED.' PARAGRAPH 3050 PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS" WHICH SHALL INCLUDE NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY DUTY UNDER VARIOUS DESIGNATED CIRCUMSTANCES, INCLUDING TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION.

THE ORDERS CALLING YOU TO ACTIVE DUTY AND ASSIGNING YOU TO TEMPORARY DUTY AT THE NAVAL HOSPITAL, OAKLAND, CALIFORNIA, PENDING FURTHER ASSIGNMENT TO DUTY, ADDRESSED TO YOU AND RECEIVED BY YOU AT OAKLAND, MUST BE CONSIDERED THE SAME AS ORDERS TO TEMPORARY DUTY AT YOUR PERMANENT DUTY STATION. COMPLIANCE WITH THESE ORDERS REQUIRED NO TRAVEL. HENCE, NOTWITHSTANDING THE FACT THAT IN ORDER TO REPORT ON AUGUST 13, 1956, FOR THE TEMPORARY DUTY DIRECTED IN THE ORDERS OF MAY 22, 1956, YOU PERFORMED TRAVEL FROM YOUR HOME IN ZUMBROTA, MINNESOTA, WHERE YOU HAD GONE IN THE MEANTIME, SUCH TRAVEL WAS NOT PURSUANT TO COMPETENT ORDERS AND THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF MILEAGE ON THAT ACCOUNT. FURTHER, SINCE YOU DID NOT ENTER A TRAVEL STATUS UNTIL YOU DEPARTED OAKLAND FOR SEATTLE, WASHINGTON, UNDER YOUR ORDERS OF SEPTEMBER 7, 1956, NO RIGHT TO PER DIEM ACCRUED TO YOU FOR THE TEMPORARY DUTY PERFORMED AT OAKLAND. 34 COMP. GEN. 427.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JANUARY 17, 1957, IS SUSTAINED.