B-134120, NOV. 21, 1957

B-134120: Nov 21, 1957

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MARTIN FRANCIS GILLIS: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 3. BY THOSE ORDERS YOU WERE DIRECTED TO PROCEED FROM YOUR DUTY STATION ABOARD THE U.S.S. UPON ARRIVAL YOU WERE TO PROCEED TO SAN DIEGO. YOU WERE DIRECTED TO REPORT TO THE COMMANDANT. YOU STATED THAT YOU WERE PAID MILEAGE ALLOWANCE AT FIVE CENTS PER MILE FROM ORANGE. YOUR CLAIM IS FOR ADDITIONAL MILEAGE ALLOWANCE OF THREE CENTS PER MILE ON THE BASIS THAT YOU PERFORMED THE TRAVEL TO SAN DIEGO AS AN OFFICER WHILE IN LEAVE STATUS AND THAT YOU DID NOT REVERT TO YOUR PERMANENT ENLISTED STATUS UNTIL AFTER YOUR ARRIVAL AT SAN DIEGO. THE RULE IS WELL ESTABLISHED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE DIRECTED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS.

B-134120, NOV. 21, 1957

TO MR. MARTIN FRANCIS GILLIS:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 3, 1957, REQUESTING REVIEW OF OUR SETTLEMENT DATED MAY 18, 1956, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE ALLOWANCE INCIDENT TO YOUR ORDERS OF JULY 25, 1946.

BY THOSE ORDERS YOU WERE DIRECTED TO PROCEED FROM YOUR DUTY STATION ABOARD THE U.S.S. MINDANAO (ARG-3) FPO, NEW YORK, NEW YORK, TO A PORT IN THE UNITED STATES. UPON ARRIVAL YOU WERE TO PROCEED TO SAN DIEGO, CALIFORNIA, AND REPORT TO THE COMMANDANT, ELEVENTH NAVAL DISTRICT, FOR GENERAL DETAIL AFTER DELAY OF TWO MONTHS AND FIVE DAYS, SUCH DELAY TO COUNT AS LEAVE. PARAGRAPH 4 OF THE ORDERS TERMINATED YOUR APPOINTMENT AS CHIEF BOATSWAIN FOR TEMPORARY SERVICE, EFFECTIVE UPON THE TERMINATION OF YOUR LEAVE, AT WHICH TIME YOU WOULD REVERT TO YOUR PERMANENT ENLISTED STATUS. YOU WERE DIRECTED TO REPORT TO THE COMMANDANT, ELEVENTH NAVAL DISTRICT, FOR GENERAL DETAIL, WEARING THE UNIFORM OF YOUR PERMANENT ENLISTED RATING. YOU STATED THAT YOU WERE PAID MILEAGE ALLOWANCE AT FIVE CENTS PER MILE FROM ORANGE, TEXAS, TO SAN DIEGO, CALIFORNIA. YOUR CLAIM IS FOR ADDITIONAL MILEAGE ALLOWANCE OF THREE CENTS PER MILE ON THE BASIS THAT YOU PERFORMED THE TRAVEL TO SAN DIEGO AS AN OFFICER WHILE IN LEAVE STATUS AND THAT YOU DID NOT REVERT TO YOUR PERMANENT ENLISTED STATUS UNTIL AFTER YOUR ARRIVAL AT SAN DIEGO.

THE RULE IS WELL ESTABLISHED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE DIRECTED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. UNDER CIRCUMSTANCES WHERE A NAVY OFFICER IS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM ABOARD SHIP AND IS GRANTED LEAVE, OR IS OTHERWISE AUTHORIZED TO DELAY IN PERFORMANCE OF THE DIRECTED TRAVEL, IT IS CONSIDERED THAT HE ENTERS A LEAVE STATUS UPON REACHING PORT AND THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY. IN SUCH CASE, IF THE ORDERS ARE CANCELLED PRIOR TO THEIR EFFECTIVE DATE ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED, OR WHICH MAY BE NECESSARY IN RETURNING TO THE OLD DUTY STATION, IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES THEREOF MUST BE BORNE BY THE OFFICER CONCERNED. SEE 8 COMP. GEN. 524; 9 ID. 315; 24 ID. 776. NO OFFICIAL TRAVEL TIME WAS REQUIRED FOR YOUR TRAVEL TO SAN DIEGO UNDER YOUR ORDERS OF JULY 25, 1946, UNTIL AFTER THE EXPIRATION OF YOUR LEAVE, AT WHICH TIME YOU HAD REVERTED TO YOUR PERMANENT ENLISTED STATUS.

SINCE YOU WERE NOT OFFICIALLY REQUIRED TO TRAVEL TO SAN DIEGO UNTIL AFTER YOU REVERTED TO YOUR ENLISTED STATUS, YOU WERE ONLY ENTITLED TO BE PAID MILEAGE AS AN ENLISTED MAN, EVEN THOUGH YOU MAY HAVE PERFORMED THE TRAVEL PRIOR TO THE TERMINATION OF YOUR STATUS AS AN OFFICER.

ACCORDINGLY, NO ADDITIONAL AMOUNT IS DUE YOU AND THE SETTLEMENT OF MAY 18, 1956, IS SUSTAINED.