B-132727, OCT. 3, 1957

B-132727: Oct 3, 1957

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M.D.: REFERENCE IS MADE TO YOUR LETTER OF JULY 17. YOU WERE ORDERED TO ACTIVE DUTY IN THE NAVAL RESERVE IF FOUND PHYSICALLY QUALIFIED BY THE SENIOR MEDICAL OFFICER. THE ORDERS WERE ADDRESSED TO YOU AT FORT WORTH. THE ORDERS FURTHER STATED YOUR HOME ADDRESS WAS MODIFIED TO SHOW YOU WERE THEN RESIDING AT CHARITY HOSPITAL NEW ORLEANS. YOU WERE PAID MILEAGE FOR THE DISTANCE FROM CAMP PENDLETON. IT SUBSEQUENTLY WAS DETERMINED THAT YOU WERE ENTITLED ONLY TO MILEAGE FOR THE DISTANCE FROM CAMP PENDLETON. IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU WERE RECALLED TO ACTIVE DUTY YOU WERE SERVING AS RESIDENT PHYSICIAN AT CHARITY HOSPITAL OF LOUISIANA. THAT NEW ORLEANS WAS YOUR HOME AT THAT TIME.

B-132727, OCT. 3, 1957

TO GEORGE W. BEAN, M.D.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1957, RELATIVE TO YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES ARISING OUT OF PAYMENT OF MILEAGE AND PAY AND ALLOWANCES FOR TRAVEL TIME INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT, MEDICAL CORPS, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED AUGUST 2, 1954, HEADQUARTERS EIGHTH NAVAL DISTRICT, NEW ORLEANS, LOUISIANA, YOU WERE ORDERED TO ACTIVE DUTY IN THE NAVAL RESERVE IF FOUND PHYSICALLY QUALIFIED BY THE SENIOR MEDICAL OFFICER, NAVAL STATION, NEW ORLEANS, LOUISIANA. THE ORDERS WERE ADDRESSED TO YOU AT FORT WORTH, TEXAS, YOUR HOME OF RECORD. HOWEVER, THE ORDERS FURTHER STATED YOUR HOME ADDRESS WAS MODIFIED TO SHOW YOU WERE THEN RESIDING AT CHARITY HOSPITAL NEW ORLEANS, LOUISIANA. UPON YOUR RELEASE FROM ACTIVE DUTY IN SEPTEMBER 1956, YOU WERE PAID MILEAGE FOR THE DISTANCE FROM CAMP PENDLETON, CALIFORNIA, TO NEW ORLEANS, LOUISIANA, AND PAY AND ALLOWANCES FOR SEVEN DAYS FOR YOUR TRAVEL BETWEEN THOSE POINTS. IT SUBSEQUENTLY WAS DETERMINED THAT YOU WERE ENTITLED ONLY TO MILEAGE FOR THE DISTANCE FROM CAMP PENDLETON, CALIFORNIA, TO YOUR HOME OF RECORD, FORT WORTH, TEXAS, AND TO PAY AND ALLOWANCES FOR FIVE DAYS' TRAVEL AND, THEREFORE, THAT YOU HAD BEEN OVERPAID $72.13. IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU WERE RECALLED TO ACTIVE DUTY YOU WERE SERVING AS RESIDENT PHYSICIAN AT CHARITY HOSPITAL OF LOUISIANA; THAT YOU HAD LIVED THERE FOR OVER TWO YEARS; THAT THE ORDERS OF AUGUST 2, 1954, RECOGNIZED YOUR CHANGE OF ADDRESS; AND THAT NEW ORLEANS WAS YOUR HOME AT THAT TIME.

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 232 (D), PROVIDES THAT IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES CALLED OR ORDERED TO ACTIVE DUTY IN EXCESS OF 30 DAYS, ACTIVE DUTY SHALL INCLUDE THE TIME REQUIRED TO PERFORM TRAVEL "FROM LAST DUTY STATION TO HOME" BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS. SECTION 303 (A) OF THAT ACT AUTHORIZES PAYMENT OF TRAVEL ALLOWANCES "FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.' UNDER PARAGRAPH 1150-3, JOINT TRAVEL REGULATIONS, A MEMBER'S HOME IS DEFINED AS THE PLACE RECORDED AS HIS HOME WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. PARAGRAPH 4157 OF THESE REGULATIONS PROVIDES THAT A MEMBER UPON RELIEF FROM ACTIVE DUTY IS ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR TO THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY AS HE MAY ELECT. ARTICLE H-1802 (4), BUREAU OF NAVAL PERSONNEL MANUAL, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDED THAT OFFICERS OF THE NAVAL RESERVE MIGHT CHANGE THEIR HOME OF RECORD AT WILL. WHEN SUCH CHANGES OCCURRED IT WAS INCUMBENT UPON THEM TO NOTIFY THE CHIEF OF NAVAL PERSONNEL. IF THE OFFICER CONCERNED WAS NOT ON ACTIVE DUTY, SUCH NOTIFICATION WAS REQUIRED TO BE FORWARDED VIA THE CUSTODIAN OF HIS RECORDS--- IN YOUR CASE, COMMANDANT OF THE EIGHTH NAVAL DISTRICT-- AND, IF HE WAS ATTACHED TO AN ORGANIZATION OF THE NAVAL RESERVE, VIA HIS ORGANIZATION COMMANDER.

IN THE PRESENT CASE, THE ORDERS OF AUGUST 2, 1954, INDICATE THAT YOU HAD INFORMED THE COMMANDANT OF THE EIGHTH NAVAL DISTRICT THAT YOU HAD CHANGED YOUR HOME FROM FORT WORTH TO NEW ORLEANS BEFORE YOU WERE ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. UNDER THE REGULATIONS, SUCH ..END :