B-142509, MAY 27, 1960

B-142509: May 27, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE DIRECTED TO PROCEED FROM FORT SMITH. YOU WERE FURNISHED A TRANSPORTATION REQUEST FOR ROUND-TRIP TRAVEL VIA COMMERCIAL AIR FROM FORT SMITH TO LOS ANGELES. YOU WERE RELEASED FROM DUTY ON THAT VESSEL AT SAN FRANCISCO. IT IS NOTED THAT IN THE FIRST ENDORSEMENT ON YOUR LETTER. THE ADMINISTRATIVE RECOMMENDATION FOR ADDITIONAL PAY IS BASED ON THE ITINERARY OF TRAVEL SHOWN ON YOUR TRAVEL CLAIM. TRAVEL TIME ALLOWED FOR RETURN TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY FOR TRAINING (WITHOUT REGARD TO PERFORMANCE OF TRAVEL) WAS COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL OVER THE SHORTEST USUALLY TRAVELED ROUTE TO THAT PLACE. THE AIR TRANSPORTATION SCHEDULES IN EFFECT DURING THE PERIOD OF YOUR TRAVEL SHOW THAT YOU COULD HAVE LEFT FORTH SMITH AT 10:55 A.M.

B-142509, MAY 27, 1960

TO ROBERT G. BROWN, SFME, USNR-R:

BY FIRST ENDORSEMENT DATED MARCH 15, 1960, THE COMMANDER OFFICER, NAVAL RESERVE SURFACE DIVISION 8-14M, FORT SMITH, ARKANSAS, FORWARDED YOUR LETTER DATED MARCH 15, 1960, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 14, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PAY, TRAVEL AND TRANSPORTATION ALLOWANCES INCIDENT TO TRAINING DUTY PERFORMED IN 1959.

BY ORDERS OF APRIL 15, 1959, ISSUED BY THE COMMANDANT, EIGHTH NAVAL DISTRICT, UNITED STATES NAVAL STATION, NEW ORLEANS, LOUISIANA, YOU WERE DIRECTED TO PROCEED FROM FORT SMITH, ARKANSAS, AT SUCH TIME AS NECESSARY IN ORDER TO REPORT AT 4:00 P.M. ON MAY 24, 1959, TO THE COMMANDING OFFICER, NAVAL RECEIVING STATION, NAVAL STATION, LONG BEACH, CALIFORNIA, FOR FURTHER TRANSFER TO THE U.S.S. PRICHETT OR OTHER APPROPRIATE DUTY AFLOAT FOR 14 DAYS' ACTIVE DUTY FOR TRAINING. YOU WERE FURNISHED A TRANSPORTATION REQUEST FOR ROUND-TRIP TRAVEL VIA COMMERCIAL AIR FROM FORT SMITH TO LOS ANGELES, CALIFORNIA.

THE ITINERARY OF TRAVEL ON YOUR ORDERS OF APRIL 15, 1959, SHOWS THAT YOU DEPARTED FROM FORT SMITH AT 10:55 A.M. ON MAY 23, 1959, AND ARRIVED AT LONG BEACH, CALIFORNIA, AT 7:05 P.M. ON THE SAME DATE AFTER MAKING CONNECTIONS AT DALLAS, TEXAS. YOU REPORTED ABOARD THE U.S.S. PRICHETT ON MAY 24, 1959, AND YOU WERE RELEASED FROM DUTY ON THAT VESSEL AT SAN FRANCISCO, CALIFORNIA, AT 8:00 A.M. ON JUNE 6, 1959. YOU TRAVELED THENCE TO LOS ANGELES AT PERSONAL EXPENSE AND USED THE GOVERNMENT TRANSPORTATION REQUEST FOR YOUR RETURN TRAVEL TO FORT SMITH.

IT IS NOTED THAT IN THE FIRST ENDORSEMENT ON YOUR LETTER, YOUR COMMANDING OFFICER REQUESTED THAT YOU BE PAID FOR 7 MEALS ON THE PLANE FLIGHTS, MILEAGE FOR THE PLANE TICKET FROM SAN FRANCISCO TO LOS ANGELES, AND TWO EXTRA DAYS' PAY FOR THE TIME INVOLVED. APPARENTLY, THE ADMINISTRATIVE RECOMMENDATION FOR ADDITIONAL PAY IS BASED ON THE ITINERARY OF TRAVEL SHOWN ON YOUR TRAVEL CLAIM, WHICH SHOWS THAT YOU DEPARTED FROM FORT SMITH ON MAY 22, 1959, AND RETURNED TO THAT PLACE ON JUNE 7, 1959.

PARAGRAPH 044735-2A, CHANGE 75, NAVY COMPTROLLER MANUAL, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT FOR TRAVEL TO THE TRAINING DUTY ACTIVITY, ALLOWED TRAVEL TIME FOR PAY PURPOSES WOULD BE BASED ON ACTUAL TRAVEL TIME IN REPORTING FOR TRAINING DUTY, NOT TO EXCEED CONSTRUCTIVE TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE. UPON RELEASE FROM TRAINING DUTY, TRAVEL TIME ALLOWED FOR RETURN TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY FOR TRAINING (WITHOUT REGARD TO PERFORMANCE OF TRAVEL) WAS COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL OVER THE SHORTEST USUALLY TRAVELED ROUTE TO THAT PLACE. THE AIR TRANSPORTATION SCHEDULES IN EFFECT DURING THE PERIOD OF YOUR TRAVEL SHOW THAT YOU COULD HAVE LEFT FORTH SMITH AT 10:55 A.M. ON MAY 23, 1959, AND ARRIVED AT LONG BEACH AT 9:39 P.M., ON THE SAME DAY. ALSO, SUCH SCHEDULES SHOW THAT AFTER YOUR DETACHMENT FROM THE VESSEL AT SAN FRANCISCO, YOU COULD HAVE TRAVELED FROM THAT PLACE TO FORT SMITH ON JUNE 6, 1959. HENCE, IT APPEARS YOU ARE ENTITLED TO ACTIVE DUTY PAY FOR 15 DAYS FOR THE PERIOD MAY 23 TO JUNE 6, 1959.

PARAGRAPH 6001, JOINT TRAVEL REGULATIONS, PROVIDES THAT UPON CALL TO, OR RELIEF FROM, ACTIVE DUTY FOR TRAINING WITH PAY, MEMBERS OF RESERVE COMPONENTS WILL BE ENTITLED TO THE TRAVEL AND TRANSPORTATION ALLOWANCES PRESCRIBED IN CHAPTER 4. SINCE YOU WERE FURNISHED TRANSPORTATION REQUESTS FOR THE ORDERED TRAVEL, YOU ARE ENTITLED TO PER DIEM FOR THE NECESSARY TRAVEL TIME TO AND FROM TRAINING DUTY UNDER PARAGRAPH 4150-1-2 (CHAPTER 4) OF SUCH REGULATIONS. PARAGRAPH 4205-2 OF SUCH REGULATIONS (APPLICABLE HERE BY VIRTUE OF PARAGRAPH 4152) PROVIDES THAT IN COMPUTING THE PER DIEM ALLOWANCE FOR A CONTINUOUS TRAVEL STATUE OF MORE THAN 10 HOURS, THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT SUBDIVIDED INTO FOUR QUARTERLY PERIODS ENDING 0600, 1200, 1800 AND 2400 HOURS. FOR FRACTIONAL PARTS OF A DAY ON THE DAYS OF DEPARTURE FROM, ARRIVAL AT, OR RETURN TO A PERMANENT DUTY STATION IN CONNECTION WITH SUCH TRAVEL STATUS, ONE-FOURTH OF THE AUTHORIZED PER DIEM RATE WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR FRACTION THEREOF DURING WHICH A TRAVEL STATUS EXISTS. THEREFORE, IT APPEARS THAT A RIGHT TO PER DIEM ACCRUED TO YOU FOR THREE-QUARTER DAY PERIODS ON MAY 23 AND JUNE 6, 1959.

CONCERNING YOUR TRAVEL FROM SAN FRANCISCO TO YOUR HOME, SINCE YOU PROCEEDED TO LOS ANGELES AND USED THE GOVERNMENT TRANSPORTATION REQUEST FOR YOUR RETURN TRIP INSTEAD OF GOING DIRECTLY FROM SAN FRANCISCO TO FORT SMITH, YOUR CLAIM IS FOR CONSIDERATION UNDER THE MIXED TRAVEL PROVISIONS OF PARAGRAPH 4154 OF THE JOINT TRAVEL REGULATIONS. THIS REGULATION PROVIDES FOR PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL LESS THE OFFICIAL DISTANCE BETWEEN THE POINTS TRANSPORTATION REQUESTS WERE FURNISHED AND USED. SINCE THE OFFICIAL DISTANCE FROM SAN FRANCISCO TO FORT SMITH IS GREATER THAN THE OFFICIAL DISTANCE FROM LOS ANGELES TO FORT SMITH, IT APPEARS THAT YOU ARE ENTITLED TO MILEAGE FOR THE DIFFERENCE BETWEEN THOSE TWO DISTANCES.

ALSO, SINCE IT IS SHOWN THAT YOU WERE PAID $96.74 AS PAY AND ALLOWANCES FOR BUT 14 DAYS AND YOU WERE IN A TRAINING DUTY STATUS FOR 15 DAYS, IT APPEARS THAT THE ADDITIONAL AMOUNT NECESSARY TO ACCOMPLISH PAYMENT FOR 15 DAYS IS DUE YOU.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.