B-135120, APRIL 3, 1958, 37 COMP. GEN. 655

B-135120: Apr 3, 1958

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CIVILIAN PERSONNEL ON MILITARY DUTY - STATE NATIONAL GUARD DUTY - TEMPORARY DUTY AWAY FROM PERMANENT STATION - TRAVEL EXPENSES A CIVILIAN EMPLOYEE WHO WAS A MEMBER OF THE ARKANSAS NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730 AND WHO TRAVELED BETWEEN PERMANENT CIVILIAN DUTY STATIONS DURING THE FIRST PART OF THE DAY AFTER WHICH HE WAS PLACED IN A MILITARY FURLOUGH STATUS AND DEPARTED FOR LITTLE ROCK FOR INDUCTION IS ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BETWEEN THE CIVILIAN STATIONS. CIVILIAN EMPLOYEES WHO WERE MEMBERS OF THE ARKANSAS NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730 ARE NOT ENTITLED TO MILITARY PAY AND ALLOWANCES UNTIL THE DATE THEY ACTUALLY REPORT TO THE UNIT POINT OF ASSEMBLY OR.

B-135120, APRIL 3, 1958, 37 COMP. GEN. 655

CIVILIAN PERSONNEL ON MILITARY DUTY - STATE NATIONAL GUARD DUTY - TEMPORARY DUTY AWAY FROM PERMANENT STATION - TRAVEL EXPENSES A CIVILIAN EMPLOYEE WHO WAS A MEMBER OF THE ARKANSAS NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730 AND WHO TRAVELED BETWEEN PERMANENT CIVILIAN DUTY STATIONS DURING THE FIRST PART OF THE DAY AFTER WHICH HE WAS PLACED IN A MILITARY FURLOUGH STATUS AND DEPARTED FOR LITTLE ROCK FOR INDUCTION IS ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BETWEEN THE CIVILIAN STATIONS. CIVILIAN EMPLOYEES WHO WERE MEMBERS OF THE ARKANSAS NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730 ARE NOT ENTITLED TO MILITARY PAY AND ALLOWANCES UNTIL THE DATE THEY ACTUALLY REPORT TO THE UNIT POINT OF ASSEMBLY OR, IF ABSENT FROM THE VICINITY, FROM THE DATE THEY BEGIN DIRECT TRAVEL TO THE DUTY STATION. CIVILIAN EMPLOYEES WHO WERE ON TEMPORARY DUTY AWAY FROM THEIR PERMANENT STATION, WHICH WAS ALSO THE MILITARY DUTY STATION FOR MEMBERS OF THE ARKANSAS NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730, AND WHO CONTINUED TO PERFORM TEMPORARY DUTY ON OR BEFORE THE DATE OF ACTUAL INDUCTION ARE ENTITLED TO CIVILIAN PER DIEM AND TO TRAVEL EXPENSES FOR AUTHORIZED TRAVEL IN RETURNING TO THEIR OFFICIAL STATION.

TO W. E. PILCHER, DEPARTMENT OF THE ARMY, APRIL 3, 1958:

BY FOURTH ENDORSEMENT DATED JANUARY 31, 1958, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR LETTER OF DECEMBER 6, 1957, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, PER DIEM AND MILEAGE MAY BE PAID TO CERTAIN INDIVIDUALS EMPLOYED AS CIVILIANS WITH THE CORPS OF ENGINEERS DURING PART OF SEPTEMBER 1957, AND WHO, AS MEMBERS OF THE ARMY NATIONAL GUARD OR AIR NATIONAL GUARD OF THE STATE OF ARKANSAS WERE INDUCTED INTO ACTIVE MILITARY SERVICE OF THE UNITED STATES PURSUANT TO EXECUTIVE ORDER NO. 10730, DATED SEPTEMBER 24, 1957.

IN COMPLIANCE WITH THE PROVISIONS OF SECTION 1 OF THE CITED EXECUTIVE ORDER, AND A SUBSEQUENT ORDER RELEASED BY THE SECRETARY OF DEFENSE AT 2:25 P.M., EDT, ON THE SAME DAY ( SEPTEMBER 24, 1957), THE SECRETARY OF THE ARMY ADVISED THE GOVERNOR OF THE STATE OF ARKANSAS THAT HE HAD BEEN INSTRUCTED BY THE SECRETARY OF DEFENSE TO TRANSMIT HIS CALL INTO THE SERVICE OF THE UNITED STATES FOR AN INDEFINITE PERIOD,"AS OF AND FROM" THE 24TH DAY OF SEPTEMBER 1957, ALL OF THE ARMY AND AIR NATIONAL GUARD ORGANIZATIONS OF THE STATE OF ARKANSAS, AND ALL PERSONNEL ASSIGNED THERETO, WHICH THE PRESIDENT "DESIRES SHALL BE ASSEMBLED AT THEIR RESPECTIVE UNIT POINTS OF ASSEMBLY IN THE STATE OF ARKANSAS, FORTHWITH AND AWAIT INSTRUCTIONS FROM THE SECRETARY OF THE ARMY WHICH WILL BE DISSEMINATED THROUGH THE APPROPRIATE AREA COMMANDER.'

THE INDIVIDUALS WHOSE CLAIM VOUCHERS ACCOMPANIED YOUR LETTER (SEE TABULATION 1 THROUGH 6 BELOW), ARE REPORTED TO HAVE CONTACTED THEIR NATIONAL GUARD UNITS, EITHER IN PERSON OR BY TELEPHONE AS SOON AS THEY WERE NOTIFIED THAT THEIR UNITS WERE FEDERALIZED. THE DATES ON WHICH THESE INDIVIDUALS RECEIVED NOTICE TO REPORT FOR ACTIVE MILITARY SERVICE ARE NOT SHOWN, AND THE DATE ON WHICH MR. KETZSCHER (ITEM 6) DEPARTED FOR OR ARRIVED IN LITTLE ROCK FOR ACTIVE MILITARY SERVICE IS NOT INDICATED. HOWEVER, YOU SAY THAT THESE INDIVIDUALS CONTINUED TO PERFORM CIVILIAN DUTY WITH THE CORPS OF ENGINEERS UNTIL SUCH TIME AS THEY REPORTED FOR ACTIVE MILITARY DUTY AT LITTLE ROCK. ALSO, ALL SIX INDIVIDUALS (PRESUMED TO BE MEMBERS OF UNITS OF THE ARMY NATIONAL GUARD), ARE REPORTED TO HAVE BEEN "PICKED UP ON THE PAYROLLS OF THE FEDERAL GUARD ON THE 24TH OF SEPTEMBER 1957," AND CARRIED IN AN ANNUAL OR MILITARY LEAVE STATUS, OR ON MILITARY FURLOUGH DURING THE FOUR-DAY PERIOD FOR WHICH TRAVEL AND RELATED EXPENSES ARE CLAIMED. FOUR OF THE CIVILIAN CLAIMANTS (ITEMS 1 THROUGH 4) WERE ASSIGNED TO TEMPORARY DUTY AT EUREKA SPRINGS, ARKANSAS, AS OF 12:01 A.M., SEPTEMBER 24, 1957. 1. DEWAYNE COMBS:

ORDERS DATED 9/25/57 AUTHORIZED RETURN TRAVEL TO LITTLE ROCK

AT $0.05 PER MILE.

DEPARTED EUREKA SPRINGS 9:30 A.M., ARRIVED LITTLE ROCK

2 P.M., 9/26/57

MILEAGE: 188 MILES $0.05----------------------------------$9.40

PER DIEM: 2 3/4 DAYS AT $9--------------------------------24.75 2. JERRY A. HUGHES:

DEPARTED EUREKA SPRINGS 8 A.M., ARRIVED LITTLE ROCK

12 NOON, 9/27/57.

PER DIEM: 2 1/4 DAYS AT $10)

1 1/4 DAYS AT 9/---------------------------- $33.75 3. JAMES W. PFEIFER:

DEPARTED EUREKA SPRINGS 8 A.M., ARRIVED LITTLE ROCK

12 NOON, 9/27/57.

MILEAGE: 190 MILES AT $0.05------------------------------$ 9.50

PER DIEM: 1 1/2 DAYS AT $9------------------------------- 11.25

2 1/4 DAYS AT $8------------------------------- 18.00 4. OTIS G. LEM:

DEPARTED EUREKA SPRINGS 8 A.M., ARRIVED LITTLE ROCK

12 NOON, 9/27/57.

PER DIEM: 3 1/2 DAYS AT $8-------------------------------$28.00 5. LEROY C. THACKER:

PERMANENT STATION LITTLE ROCK.

DEPARTED LITTLE ROCK 9:30 A.M., SEPT. 24, PERFORMED

TEMPORARY DUTY AT HEBER SPRINGS, ARK., RETURNED TO

LITTLE ROCK 11:30 A.M., 9/25/57.

PER DIEM: 1 1/4 DAYS AT $10-----------------------------$12.50 6. CHARLES H. KETZSCHER:

ON PERMANENT DUTY AT BRANSON, MISSOURI, WHEN DIRECTED

(ORDERS DATED 9/25/57) TO PROCEED TO HEBER SPRINGS,

ARK., FOR PERMANENT DUTY BEGINNING ABOUT 9/27/57.

DEPARTED BRANSON AT 8:30 A.M., ARRIVED HEBER SPRINGS

12:30 P.M., 9/27/57.

PER DIEM: 1/4 DAY AT $12--------------------------------$ 3.00

MILEAGE: 149 MILES AT $0.10----------------------------- 14.90

SPECIAL REGULATIONS ( DEPARTMENT OF THE ARMY) NO. 130-10-1, DATED AUGUST 14, 1951, APPEAR TO BE APPLICABLE TO THE ARMY NATIONAL GUARD UNITS AND THE PERSONNEL THEREOF WHO WERE INDUCTED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES. SUCH REGULATIONS CONTAIN INSTRUCTIONS AND PROCEDURES TO BE FOLLOWED IN THE PERIOD IMMEDIATELY PRIOR TO THE ENTRY OF THE UNIT INTO THE ACTIVE MILITARY SERVICE AND THE PERIOD IMMEDIATELY SUBSEQUENT THERETO. PARAGRAPH 4 OF THOSE REGULATIONS PROVIDES THAT ON THE DAY OF ENTRY INTO THE ACTIVE MILITARY SERVICE EACH UNIT WILL ASSEMBLE AT ITS ARMORY AS ITS UNIT RENDEZVOUS, AND PARAGRAPH 5 REQUIRES EACH UNIT COMMANDER TO GIVE IMMEDIATE NOTICE TO ALL MEMBERS OF HIS UNIT TO REPORT TO THEIR UNIT RENDEZVOUS ON THE SPECIFIED DATE AFTER HE RECEIVES NEWS OR NOTICE THAT THEIR UNIT HAS BEEN CALLED OR ORDERED INTO THE ACTIVE MILITARY SERVICE.

PERTINENT PROVISIONS OF PARAGRAPHS 15 AND 74 OF THE CITED REGULATIONS READ, AS FOLLOWS:

PARAGRAPH 15:

A. * * * A MEMBER OF A UNIT WHO RECEIVED NOTICE OF THE CALL OR ORDER INTO ACTIVE MILITARY SERVICE OF HIS UNIT WHEN HE IS AT A PLACE DISTANT FROM HIS UNIT RENDEZVOUS MAY REPORT FOR TRANSPORTATION AT THE RENDEZVOUS OF ANY UNIT OF THE NATIONAL GUARD WHICH HAS ENTERED INTO ACTIVE MILITARY SERVICE, OR AT ANY NEARBY ARMY INSTALLATION. THE MAJOR COMMANDER CONCERNED WILL AUTHORIZE THE ISSUANCE OF TRAVEL ORDERS FOR SUCH INDIVIDUALS EITHER TO THE UNIT RENDEZVOUS OR TO THE TRAINING STATION OF THE UNIT, DEPENDING UPON THE CIRCUMSTANCES. IF TRANSPORTATION IS FURNISHED TO THE UNIT RENDEZVOUS, THE ENTIRE COST IS CHARGEABLE TO THE INDIVIDUAL. IF TRANSPORTATION IS FURNISHED TO THE TRAINING STATION, ONLY SUCH COST AS EXCEEDS THE COST OF TRANSPORTATION FROM THE UNIT RENDEZVOUS TO THE TRAINING STATION WILL BE CHARGED TO THE INDIVIDUAL.

C. COST OF TRANSPORTATION.--- THE COST OF TRANSPORTATION ISSUED TO AN INDIVIDUAL AS AUTHORIZED IN A ABOVE WILL BE CHARGED AGAINST HIS ACCOUNT. SEE PARAGRAPH 23, AR 55-120.

PARAGRAPH 74. PAY AND ALLOWANCES.--- OFFICERS, WARRANT OFFICERS, AND ENLISTED PERSONS OF THE NATIONAL GUARD SHALL RECEIVE THE PAY AND ALLOWANCES PROVIDED BY LAW, IN ACCORDANCE WITH THE CAREER COMPENSATION ACT OF 12 OCTOBER 1949 * * * WHILE IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES UNDER A PRESIDENTIAL CALL OR ORDER. SUCH PAY COMMENCES ON THE DATE THE UNIT ENTERS INTO ACTIVE MILITARY SERVICE, PROVIDED THE INDIVIDUAL CONCERNED APPEARS AND REPORTS IN PERSON TO HIS UNIT RENDEZVOUS ON THAT DATE, OR, IF HE IS ABSENT FROM THE VICINITY THEREOF, HIS PAY SHALL BEGIN FROM THE DATE NOT EARLIER THAN THE EFFECTIVE DATE WHEN HE BEGINS WITHOUT DELAY A CONTINUOUS JOURNEY BY THE SHORTEST USUALLY TRAVELED ROUTE TO THE UNIT RENDEZVOUS OR TRAINING STATION.

OUR OFFICE IS NOT AWARE OF ANY LAW OR REGULATION WHICH WOULD PRECLUDE THE PAYMENT OF MR. KETZSCHER'S CLAIM (ITEM 6) FOR CIVILIAN TRAVEL PERFORMED BETWEEN PERMANENT CIVILIAN STATIONS ON SEPTEMBER 27, 1957. THE DATE ON WHICH MR. KETZSCHER DEPARTED FOR OR ARRIVED IN LITTLE ROCK FOR INDUCTION INTO THE ACTIVE MILITARY SERVICE IS NOT STATED. IT IS REPORTED, HOWEVER, THAT HE WAS PLACED ON MILITARY FURLOUGH ON SEPTEMBER 27, 1957, AND WE ASSUME HE REPORTED FOR INDUCTION ON THAT DATE.

THE OTHER CLAIMANTS (ITEMS 1 THROUGH 5) WERE PERFORMING TEMPORARY (CIVILIAN) DUTY AWAY FROM THEIR PERMANENT STATION AT THE TIME THEIR UNIT WAS CALLED INTO ACTIVE MILITARY SERVICE. ALTHOUGH THE TRAVEL IS SHOWN TO HAVE BEEN OFFICIALLY AUTHORIZED IN ADVANCE AND THE EXPENSES CLAIMED THEREFOR HAVE BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT, YOU EXPRESS DOUBT AS TO WHETHER CIVILIAN TRAVEL FUNDS PROPERLY MAY BE CHARGED FOR ALL OF THE EXPENSES CLAIMED.

IT WILL BE OBSERVED THAT LITTLE ROCK WAS NOT ONLY THE PERMANENT CIVILIAN STATION, BUT ALSO WAS MADE THE MILITARY DUTY STATION, AND THE UNIT POINT OF ASSEMBLY (UNIT RENDEZVOUS) OF SUCH INDIVIDUALS. UNDER THE ABOVE REGULATIONS AN ARMY NATIONAL GUARD MEMBER CALLED TO ACTIVE DUTY IS REQUIRED TO BEAR THE COST OF TRANSPORTATION TO HIS UNIT RENDEZVOUS. ALSO, EACH INDIVIDUAL IS REPORTED TO HAVE RECEIVED MILITARY PAY BEGINNING SEPTEMBER 24, 1957. SINCE A NATIONAL GUARD MEMBER ACQUIRES NO RIGHT TO MILITARY PAY AND ALLOWANCES UNTIL THE DATE HE ACTUALLY REPORTS IN PERSON TO HIS UNIT RENDEZVOUS OR, IF ABSENT FROM THE VICINITY THEREOF, FROM THE DATE NOT EARLIER THAN THE DATE HE BEGINS DIRECT TRAVEL TO THE UNIT RENDEZVOUS OR TRAINING STATION IN RESPONSE TO THE CALL TO ACTIVE DUTY, ANY AND ALL DISBURSEMENTS OF MILITARY PAY MADE IN CONTRAVENTION OF THE ABOVE- QUOTED REGULATIONS SHOULD BE ADJUSTED BY THE PROPER DISBURSING OFFICER. IT IS REPORTED, HOWEVER, THAT THESE EMPLOYEES CONTINUED TO PERFORM CIVILIAN DUTY UNTIL SUCH TIME AS THEY ACTUALLY REPORTED FOR GUARD DUTY AT LITTLE ROCK, AND IF, IN SOME CASES, THE EMPLOYEES RETURNED TO THEIR OFFICIAL STATION PRIOR TO THE COMPLETION OF THEIR TEMPORARY DUTY ASSIGNMENTS, IT APPEARS THAT SUCH EARLY RETURN WAS NECESSITATED BY THE CALL TO SERVE A VITAL AND PARAMOUNT PURPOSE OF THE UNITED STATES. HENCE, WE CONCLUDE THAT THESE EMPLOYEES ARE ENTITLED TO PAYMENT OF PER DIEM FOR THE TEMPORARY DUTY PERFORMED ON OR BEFORE THE DATE OF INDUCTION, AND FOR THE AUTHORIZED TRAVEL TO THEIR OFFICIAL STATION, EVEN THOUGH SUCH STATION WAS ALSO THE PLACE OF RENDEZVOUS OF THEIR NATIONAL GUARD UNIT. COMPARE 31 COMP. GEN. 159.

THE CLAIM VOUCHERS, WITH RELATED PAPERS, ARE RETURNED HEREWITH AND PAYMENT THEREON MAY BE EFFECTED, IF OTHERWISE CORRECT.