B-135593, MAY 26, 1958, 37 COMP. GEN. 792

B-135593, MAY 26, 1958, 37 COMP. GEN. 792

MILITARY PERSONNEL - PAY - ACTIVE DUTY - TRAVEL TIME ON RELEASE A NAVAL RESERVE OFFICER WHO WAS DETACHED FROM ACTIVE DUTY TRAINING AT THE COMMENCEMENT OF A DAY SO THAT HE COULD HAVE DEPARTED AND REACHED HOME THE SAME DAY BY TAKING THE FIRST AVAILABLE AIR TRANSPORTATION--- THE MODE OF TRANSPORTATION USED--- BUT WHO DID NOT PICK UP HIS ORDERS IN TIME TO DEPART BY THE FIRST AVAILABLE AIR FLIGHT MAY NOT RECEIVE ADDITIONAL PAY AND ALLOWANCES FOR ANOTHER DAY'S TRAVEL TIME.

TO JOSEPH D. MILLER, MAY 26, 1958:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 4, 1958, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES FOR ONE DAY'S TRAVEL TIME ON RELEASE FROM ACTIVE DUTY TRAINING AS COMMANDER, UNITED STATES NAVAL RESERVE, SERVICE NO. 110287, WHICH WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 26, 1958.

YOUR ORDERS DATED MARCH 29, 1957, SERIAL NUMBER 140-793, DIRECTED THAT YOU REPORT ON APRIL 14, 1957, BEFORE 1600 HOURS, TO THE COMMANDING OFFICER, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, FOR 14 DAYS OF ACTIVE DUTY TRAINING. PARAGRAPH 3 OF THOSE ORDERS STATE THAT---

YOU ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE NUMBER OF DAYS ACTIVE DUTY FOR TRAINING SPECIFIED ABOVE PLUS THE TIME NECESSARY TO PERFORM TRAVEL BY MODE OF TRANSPORTATION EMPLOYED OR FOR CONSTRUCTIVE TRAVEL OVER THE OFFICIAL ROUTE, WHICHEVER IS LESS. TRAVEL AT NO COST TO THE GOVERNMENT.

THE REPORTING ENDORSEMENT ON THOSE ORDERS SHOWS THAT YOU REPORTED FOR THAT DUTY AT 10915 HOURS ON APRIL 14, 1957, AND THE DETACHING ENDORSEMENT THEREON SHOWS THAT YOUR DUTY WAS COMPLETED AND THAT YOU WERE RELEASED FROM ACTIVE DUTY TRAINING AT 10001 HOURS ON APRIL 27, 1957.

BY LETTER DATED DECEMBER 23, 1957, THE OFFICE OF THE COMPTROLLER, DEPARTMENT OF THE NAVY, MADE A REPORT AS FOLLOWS:

1. AS SHOWN BY ENCLOSURE (1) ( COPY OF ORDERS OF 29 MAR 1957 TO ACTIVE DUTY TRAINING, ISSUED BY COM 3), CDR MILLER REPORTED FOR ACTIVE DUTY TRAINING AT THE U.S. NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, AT 10915 14 APRIL 1957, AND WAS RELEASED FROM SUCH ACTIVE TRAINING DUTY AT 10001 27 APRIL. UNDER THE PROCEDURES FOLLOWED BY THE U.S. NAVAL SUPPLY CENTER, WHEN THE FOURTEENTH DAY OF ACTIVE DUTY TRAINING FALLS ON SATURDAY, AS IN THIS CASE, A MEMBER'S RELEASE ORDERS ARE DATED AT 10001 ON THAT DAY SO THAT THE MEMBER, IF HE DESIRES, MAY PICK UP HIS ORDERS IMMEDIATELY AFTER MIDNIGHT AND DEPART FOR HIS HOME. CDR MILLER COULD HAVE PICKED UP HIS ORDERS IMMEDIATELY AFTER 1001 27 APRIL, BUT DID NOT PICK UP SUCH ORDERS UNTIL 1100 27 APRIL. IF THE ORDERS HAD BEEN PICKED UP AT OR IMMEDIATELY AFTER 10800 27 APRIL (NORMAL TIME OF COMMENCEMENT OF WORK DAY), AVAILABLE FLIGHT SCHEDULES SHOW THAT CDR MILLER COULD HAVE DEPARTED FROM OAKLAND OR SAN FRANCISCO AND ARRIVED AT HIS HOME PRIOR TO MIDNIGHT 27 APRIL, THE LAST DAY OF ACTIVE DUTY TRAINING, FOR WHICH HE RECEIVED PAY AND ALLOWANCES.

PARAGRAPH 1044735-1A, NAVY COMPTROLLER MANUAL, PROVIDES, IN PART, AS FOLLOWS:

* * * ACTIVE DUTY PAY AND ALLOWANCES COMMENCE WITH THE DATE ON WHICH THE MEMBER WOULD BE REQUIRED TO LEAVE THE PLACE FROM WHICH ORDERED TO TRAINING DUTY IN ORDER TO REACH, BY THE SHORTEST USUALLY TRAVELED ROUTE, THE PLACE OF TRAINING DUTY AND END WITH THE DATE ON WHICH HE COULD HAVE REACHED HIS HOME BY THAT ROUTE AFTER DETACHMENT. * * *

IN 20 COMP. GEN. 309, WE HELD, QUOTING THE SYLLABUS, THAT---

AN ARMY RESERVE OFFICER IS ENTITLED TO PAY AND ALLOWANCES FOR TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE NECESSARY TO COMPLY WITH ORDERS CALLING HIM TO ACTIVE DUTY, BUT CONSTRUCTIVE TRAVEL TIME MAY NOT BE COUNTED TO AUTHORIZE PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE DATE HE ACTUALLY COMMENCED TRAVEL BY AIRPLANE MERELY BECAUSE SUCH TRAVEL REQUIRED LESS TIME THAN IF TRAVEL HAD BEEN BY RAIL.

THE SAME RULE NECESSARILY WOULD BE FOR APPLICATION TO NAVAL RESERVE OFFICERS AS TO ARMY RESERVE OFFICERS AND FOR RETURN TRAVEL TO THEIR HOMES BY AIRPLANE AS WELL AS AIRPLANE TRAVEL FROM THEIR HOMES TO THE TRAINING DUTY STATIONS. IT APPEARS FROM YOUR ORDERS THAT YOU WERE TO PROCEED TO YOUR HOME SO THAT YOUR PAY AND ALLOWANCES WOULD END IN ACCORDANCE WITH THE REGULATION CITED ABOVE AT THE EARLIEST DATE ON WHICH YOU COULD HAVE REACHED YOUR HOME AFTER DETACHMENT. SINCE YOUR ORDERS PLAINLY SHOW THAT YOU WERE RELEASED--- THAT IS, DETACHED--- FROM ACTIVE DUTY TRAINING AT 10001 ON APRIL 27, 1957, AND AS IT APPEARS THAT THE MODE OF TRANSPORTATION EMPLOYED WAS BY AIR, AND AS YOU COULD HAVE REACHED YOUR HOME BEFORE MIDNIGHT ON APRIL 27, 1957, TRAVELING BY AIR HAD YOU TAKEN THE FIRST AVAILABLE AIR TRANSPORTATION AFTER DETACHMENT OR AFTER THE COMMENCEMENT OF NORMAL WORKING HOURS ON THAT DATE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF PAY AND ALLOWANCES FOR AN ADDITIONAL DAY BECAUSE YOU FAILED TO PICK UP YOUR ORDERS PRIOR TO 1100 ON APRIL 27, 1957.

WHILE YOU STATE THAT YOU WERE NOT DIRECTED TO PICK UP YOUR ORDERS AT 10001 OR AT 10800 ON APRIL 27, 1957, IT SEEMS APPARENT FROM YOUR LETTERS DATED DECEMBER 27, 1957, AND MARCH 4, 1958, THAT YOU WERE AWARE OF THE FACT THAT NO DUTY WAS REQUIRED OF YOU ON APRIL 27, 1957, AND THAT YOU WERE DETACHED FROM DUTY AS OF THE COMMENCEMENT OF THAT DAY SO AS TO PERMIT YOU TO DEPART FOR HOME BY THE FIRST AVAILABLE TRANSPORTATION. IN THESE CIRCUMSTANCES, SINCE YOU COULD HAVE ARRIVED HOME ON THAT DAY, THERE IS NO AUTHORITY UNDER THE REGULATIONS AND THE TERMS OF YOUR ORDERS TO PAY YOU BEYOND SUCH DATE.

THE SETTLEMENT OF FEBRUARY 26, 1958, CORRECTLY DISALLOWED YOUR CLAIM AND THAT SETTLEMENT MUST BE SUSTAINED.