B-136747, AUG 29, 1958

B-136747, AUG 29, 1958

PRECIS-UNAVAILABLE

MR. LEWIS R. KASTER:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 20, 1958, AND ENCLOSURES, IN EFFECT REQUESTING REVIEW OF THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $10.25 ON ACCOUNT OF ONE DAY'S PAY AND ALLOWANCES FOR EXCESS TRAVEL TIME INCIDENT TO REPORTING FOR DUTY AT FORT BENNING, GEORGIA, ON JANUARY 12, 1955, AS FIRST LIEUTENANT, UNITED STATES ARMY RESERVE.

YOU WERE DIRECTED BY SPECIAL ORDERS NO. 253, DATED DECEMBER 27, 1954, DEPARTMENT OF THE ARMY, WASHINGTON 25, D. C., TO PROCEED ON JANUARY 9, 1955, FROM YOUR HOME AT KEW GARDENS, NEW YORK, TO THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, WHERE YOU WERE TO REPORT NOT LATER THAN JANUARY 12, 1955, ON TEMPORARY DUTY FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. YOUR TRAVEL VOUCHER NO. 813749, FEBRUARY 1955 ACCOUNTS OF COLONEL E. G. DOYLE, FC, SHOWS THAT YOU DEPARTED KEW GARDENS, NEW YORK, AT 6 P.M. ON JANUARY 9, 1955, AND ARRIVED AT FORT BENNING, GEORGIA, AT 4:45 P.M. ON JANUARY 12, 1955. AN AUDIT EXCEPTION WAS ISSUED BY OUR OFFICE FOR $10.25 REPRESENTING PAY AND BASIC ALLOWANCES FOR SUBSISTENCE FOR ONE DAY, JANUARY 9, 1955, WHICH WAS CREDITED ON YOUR PAY RECORD CARD CLOSED JUNE 30, 1955, SINCE A CONSTRUCTIVE TRAVEL TIME OF THREE DAYS, BASED ON ONE DAY FOR EACH 300 MILES IN EXCESS OF 150 MILES TRAVELED, WAS THE MAXIMUM TO WHICH YOU WERE ENTITLED FOR THE DISTANCE INVOLVED, 1,003 MILES.

SECTION 201(E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, CONTAINS A PROVISO AS FOLLOWS:

"*** THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES CALLED OR ORDERED TO EXTENDED ACTIVE DUTY IN EXCESS OF THIRTY DAYS, ACTIVE DUTY SHALL INCLUDE THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS: ***"

EXECUTIVE ORDER NO. 10153, AUGUST 17, 1950, PRESCRIBING REGULATIONS PURSUANT TO THAT SECTION, PROVIDES THAT WHEN TRAVEL BY PRIVATELY OWNED CONVEYANCE IS SPECIFICALLY AUTHORIZED IN CONNECTION WITH REPORTING FOR ACTIVE DUTY AND TRAVEL IS SO PERFORMED, THE TRAVEL TIME TO BE INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES TRAVELED, AND ONE DAY FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES TRAVELED. IT FURTHER PROVIDES THAT THE SECRETARIES CONCERNED MAY PRESCRIBE, WITH RESPECT TO PERSONNEL WITHIN THEIR RESPECTIVE DEPARTMENTS, SUCH SUPPLEMENTARY REGULATIONS AS THEY MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT SUCH REGULATIONS.

PARAGRAPH 9B(1), CHANGES NO. 2, ARMY REGULATIONS 35-1320 DATED FEBRUARY 25, 1954, PROVIDES THAT THE PAY AND ALLOWANCES OF COMMISSIONED OFFICERS OF THE ARMY RESERVE "COMMENCE ON THE DAY THEY OFFICIALLY AND NECESSARILY BEGIN TO COMPLY WITH THE ORDERS CALLING THEM TO ACTIVE DUTY." THERE APPEARS TO HAVE BEEN NO REQUIREMENT THAT YOU PERFORM ANY DUTY ON JANUARY 12, 1955, OTHER THAN THAT OF REPORTING IN AT FORT BENNING, GEORGIA, WHICH APPARENTLY COULD HAVE BEEN DONE AT ANY HOUR OF THAT DAY. CONSEQUENTLY, THERE APPEARS TO BE NO REASON WHY TRAVEL NECESSARY IN COMPLYING WITH YOUR ORDERS ALSO COULD NOT HAVE BEEN PERFORMED ON THAT DAY AND HENCE, THE DATE THAT YOU NECESSARILY WERE REQUIRED TO BEGIN TO COMPLY WITH YOUR ORDERS TO PERMIT TRAVEL BY PRIVATELY OWNED CONVEYANCE, ALLOWING TRAVEL TIME OF THREE DAYS FOR THAT MODE OF TRANSPORTATION AS AUTHORIZED BY EXECUTIVE ORDER NO. 10153, WAS JANUARY 10, 1955. YOUR RIGHT TO PAY AND ALLOWANCES, THEREFORE, NECESSARILY MUST BE CONSIDERED TO COMMENCE ON THAT DATE.

ACCORDINGLY, YOUR CHECK IN THE AMOUNT OF $10.25 REPRESENTING REFUND OF PAY AND ALLOWANCES FOR ONE DAY WILL BE FORWARDED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS 49, INDIANA, FOR APPROPRIATE ACTION.