B-136132, JUL. 2, 1958

B-136132: Jul 2, 1958

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER DATED MAY 9. IT APPEARS THAT PERMANENT CHANGE OF STATION ORDERS DIRECTING TRAVEL BETWEEN TWO OVERSEAS DUTY STATIONS WERE RECEIVED BY THE MEMBERS INVOLVED AND SUCH ORDERS AUTHORIZED LEAVE EN ROUTE IN THE UNITED STATES. WERE FURNISHED COMMERCIAL TRANSPORTATION IN EXCESS OF THAT TO WHICH THEY WERE ENTITLED UNDER THE CHANGE OF STATION ORDERS. PAYMENTS OF MILEAGE AND/OR PER DIEM ALLOWANCES WERE MADE IN EXCESS OF AUTHORIZED AMOUNTS. IT IS STATED TO BE THE DEPARTMENT'S VIEW THAT THE MEMBERS AND FORMER MEMBERS. WHO RECEIVED THIS TRANSPORTATION WITH THE DEFINITE IMPLICATION THAT THEY WERE ENTITLED TO IT. LEGISLATION IS BEING PROPOSED BY THE NAVY TO RELIEVE ALL THESE PERSONS OF THEIR OBLIGATIONS IN THE MATTER AND AUTHORITY IS REQUESTED TO WITHHOLD COLLECTION ACTION FOR AMOUNTS OTHERWISE DUE THE UNITED STATES IN CONNECTION WITH SUCH TRAVEL UNTIL THE CLOSE OF THE PRESENT SESSION OF CONGRESS.

B-136132, JUL. 2, 1958

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED MAY 9, 1958, FROM THE ASSISTANT SECRETARY OF THE NAVY (FINANCIAL MANAGEMENT) RELATIVE TO WITHHOLDING COLLECTION ACTION FOR AMOUNTS DUE THE UNITED STATES IN CONNECTION WITH THE ERRONEOUS ISSUANCE OF COMMERCIAL TRANSPORTATION TO APPROXIMATELY 80 MEMBERS OF THE NAVY.

IT APPEARS THAT PERMANENT CHANGE OF STATION ORDERS DIRECTING TRAVEL BETWEEN TWO OVERSEAS DUTY STATIONS WERE RECEIVED BY THE MEMBERS INVOLVED AND SUCH ORDERS AUTHORIZED LEAVE EN ROUTE IN THE UNITED STATES. UPON COMPLETION OF THE AUTHORIZED LEAVE THE MEMBERS REPORTED TO A NAVY INSTALLATION IN THE UNITED STATES FOR TRANSPORTATION TO THE NEW DUTY STATION. INSTEAD OF BEING FURNISHED GOVERNMENT TRANSPORTATION, THE MEMBERS, UPON REPORTING TO A NAVY INSTALLATION, AFTER LEAVE, WERE FURNISHED COMMERCIAL TRANSPORTATION IN EXCESS OF THAT TO WHICH THEY WERE ENTITLED UNDER THE CHANGE OF STATION ORDERS. IN ADDITION, IN A NUMBER OF INSTANCES, PAYMENTS OF MILEAGE AND/OR PER DIEM ALLOWANCES WERE MADE IN EXCESS OF AUTHORIZED AMOUNTS.

IT IS STATED TO BE THE DEPARTMENT'S VIEW THAT THE MEMBERS AND FORMER MEMBERS, WHO RECEIVED THIS TRANSPORTATION WITH THE DEFINITE IMPLICATION THAT THEY WERE ENTITLED TO IT, SHOULD NOT BE PENALIZED, ESPECIALLY IN VIEW OF THE LARGE SUMS INVOLVED IN EACH CASE. TO THIS END, LEGISLATION IS BEING PROPOSED BY THE NAVY TO RELIEVE ALL THESE PERSONS OF THEIR OBLIGATIONS IN THE MATTER AND AUTHORITY IS REQUESTED TO WITHHOLD COLLECTION ACTION FOR AMOUNTS OTHERWISE DUE THE UNITED STATES IN CONNECTION WITH SUCH TRAVEL UNTIL THE CLOSE OF THE PRESENT SESSION OF CONGRESS.

WE ARE IN AGREEMENT WITH THE VIEW EXPRESSED BY THE NAVY DEPARTMENT THAT THE MEMBERS INVOLVED HAD NO LEGAL RIGHT TO THE COMMERCIAL TRANSPORTATION FURNISHED THEM. IN VIEW OF THE CIRCUMSTANCES, HOWEVER, WE WILL NOT PRESS COLLECTION ACTION PRIOR TO THE END OF THE PRESENT SESSION OF CONGRESS UNLESS, OF COURSE, SUCH ACTION IS REQUIRED TO PROTECT THE INTERESTS OF THE UNITED STATES.