B-134475, DEC. 17, 1957

B-134475: Dec 17, 1957

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CARYLYLE SIMS: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 9. YOU WERE RELEASED FROM ASSIGNMENT AT YOUR OVERSEAS DUTY STATION AND REASSIGNED TO THE RECEIVING STATION. TRAVEL BY FIRST AVAILABLE MILITARY AIRCRAFT WAS AUTHORIZED AND THE ORDERS PROVIDED THAT YOU WOULD BE UNDER THE CONTROL OF THE MILITARY AIR TRANSPORT SERVICE FROM TIME OF DEPARTURE UNTIL RELIEVED AT PORT OF AERIAL DEBARKATION IN THE CONTINENTAL UNITED STATES. WAS DISALLOWED BY SETTLEMENT DATED MAY 2. TO YOUR HOME WAS INCIDENT TO YOUR EMERGENCY LEAVE AND NOT ON PUBLIC BUSINESS AND THE TRAVEL FROM YOUR HOME TO FORT SHERIDAN. WAS AUTHORIZED AS A CONVENIENCE TO YOU SINCE INSTEAD OF BEING REQUIRED TO RETURN TO YOUR OVERSEAS STATION AT YOUR OWN EXPENSE.

B-134475, DEC. 17, 1957

TO MR. CARYLYLE SIMS:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 9, 1957, CONCERNING YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED FROM OAKLAND, CALIFORNIA, TO FORT SHERIDAN, ILLINOIS, DURING THE PERIOD FEBRUARY 15 TO MARCH 21, 1955.

BY ORDERS OF FEBRUARY 14, 1955, YOU WERE RELEASED FROM ASSIGNMENT AT YOUR OVERSEAS DUTY STATION AND REASSIGNED TO THE RECEIVING STATION, 5043 SU PERSONNEL CENTER, FORT SHERIDAN, ILLINOIS, WITH 30 DAYS EMERGENCY LEAVE TO YOUR HOME IN MARION, ILLINOIS. TRAVEL BY FIRST AVAILABLE MILITARY AIRCRAFT WAS AUTHORIZED AND THE ORDERS PROVIDED THAT YOU WOULD BE UNDER THE CONTROL OF THE MILITARY AIR TRANSPORT SERVICE FROM TIME OF DEPARTURE UNTIL RELIEVED AT PORT OF AERIAL DEBARKATION IN THE CONTINENTAL UNITED STATES. YOUR CLAIM FOR MILEAGE COMPUTED ON THE DISTANCE BETWEEN OAKLAND, CALIFORNIA, NEAR THE PORT OF AERIAL DEBARKATION, AND FORT SHERIDAN, ILLINOIS, WAS DISALLOWED BY SETTLEMENT DATED MAY 2, 1957, FOR THE REASON THAT THE TRAVEL FROM OAKLAND, CALIFORNIA, TO YOUR HOME WAS INCIDENT TO YOUR EMERGENCY LEAVE AND NOT ON PUBLIC BUSINESS AND THE TRAVEL FROM YOUR HOME TO FORT SHERIDAN, ILLINOIS, WAS AUTHORIZED AS A CONVENIENCE TO YOU SINCE INSTEAD OF BEING REQUIRED TO RETURN TO YOUR OVERSEAS STATION AT YOUR OWN EXPENSE, YOU WERE PERMITTED TO REPORT TO FORT SHERIDAN, ILLINOIS. YOU CONTEND THAT EMERGENCY LEAVE WAS TAKEN AS LEAVE EN ROUTE IN CONNECTION WITH A PERMANENT CHANGE OF STATION TO FORT SHERIDAN.

SECTION 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 BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. JOINT TRAVEL REGULATIONS PROMULGATED UNDER THAT ACT PROVIDE (PARAGRAPH 3050-1) THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHEN ACTUALLY IN A TRAVEL STATUS WHILE PERFORMING TRAVEL ON PUBLIC BUSINESS UNDER COMPETENT ORDERS. PARAGRAPH 6453 OF THE SAME REGULATIONS PROVIDES THAT ORDERS PERMITTING A MEMBER TO TRAVEL AS DISTINGUISHED FROM ORDERS DIRECTING HIM TO TRAVEL DO NOT ENTITLE HIM TO EXPENSES OF TRAVEL. TRAVEL ON LEAVE MUST BE PERFORMED AT PERSONAL EXPENSE. FITZPATRICK V. UNITED STATES, 37 C.CLS. 332.

THE ORDERS OF FEBRUARY 14, 1955, FURNISH LITTLE SUPPORT FOR A CONCLUSION THAT EMERGENCY LEAVE WAS AUTHORIZED AS LEAVE EN ROUTE IN CONNECTION WITH AN OFFICIALLY DIRECTED PERMANENT CHANGE OF STATION FROM YOUR OVERSEAS STATION TO FORT SHERIDAN. THE LETTERS "PCS" CUSTOMARILY USED TO DENOTE A PERMANENT CHANGE OF STATION, DO NOT APPEAR IN SUCH ORDERS AND NEITHER THE ABBREVIATION "TDN" NOR OTHER APPROPRIATE LANGUAGE WAS USED IN SUCH ORDERS TO SHOW THAT THE TRAVEL DIRECTED WAS NECESSARY IN THE MILITARY SERVICE. ALSO, THE USUAL CITATION TO THE APPROPRIATION CHARGEABLE WITH EXPENSES OF TRAVEL WAS OMITTED FROM THOSE ORDERS. THE RECORD CONTAINS NO INFORMATION WHICH SHOWS THAT YOUR TOUR OF DUTY OVERSEAS HAD BEEN COMPLETED AT THAT TIME. IN SUCH CIRCUMSTANCES, THE CONCLUSIONS APPEAR WARRANTED THAT THE ORDERS OF FEBRUARY 14, 1955, WERE NOT ISSUED FOR THE PURPOSE OF DIRECTING A PERMANENT CHANGE OF STATION TO FORT SHERIDAN FOR MILITARY REASONS, BUT FOR THE SOLE PURPOSE OF PERMITTING YOUR RETURN TO THE UNITED STATES FOR EMERGENCY LEAVE, AND THAT INSTEAD OF BEING REQUIRED TO RETURN TO YOUR OVERSEAS STATION, YOU WERE PERMITTED, FOR PERSONAL REASONS, TO REPORT AT FORT SHERIDAN. SUCH TRAVEL WAS NOT PERFORMED IN THE PUBLIC INTEREST, BUT WAS INCIDENT TO YOUR LEAVE AND THE TRAVEL EXPENSES INVOLVED MUST BE BORNE BY YOU. 30 COMP. GEN. 19.