B-143337, SEP. 16, 1960

B-143337: Sep 16, 1960

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HEADQUARTERS: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. YOU WERE RELIEVED FROM YOUR ASSIGNMENT TO BATTERY G. THIRTY DAYS' DELAY AT HOME OR LEAVE ADDRESS WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED CHARGEABLE AS LEAVE PROVIDED IT DID NOT INTERFERE WITH THE REPORTING DATE SPECIFIED. SO MUCH OF PARAGRAPH 22 OF SPECIAL ORDERS NO. 202 AS PERTAINED TO YOU WAS REVOKED. YOU WERE VERBALLY NOTIFIED OF THIS REVOCATION ON DECEMBER 1. THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS.

B-143337, SEP. 16, 1960

TO DANIEL J. HAWTHORNE, JR., RA 11 348 252, AG-H, HEADQUARTERS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MAY 24, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL FROM FORT BLISS, TEXAS, TO NORTH ADAMS, MASSACHUSETTS, AND RETURN, DURING THE PERIOD NOVEMBER 4 TO DECEMBER 2, 1959, INCIDENT TO SPECIAL ORDERS NO. 202, DATED OCTOBER 12, 1959.

BY PARAGRAPH 22, SPECIAL ORDERS 202, ISSUED BY HEADQUARTERS, U.S. ARMY AIR DEFENSE CENTER, FORT BLISS, TEXAS, YOU WERE RELIEVED FROM YOUR ASSIGNMENT TO BATTERY G, SECOND REGIMENT SCHOOL BRIGADE, U.S. ARMY AIR DEFENSE SCHOOL, FORT BLISS, AND ORDERED TO REPORT TO U.S. ARMY OVERSEAS REPLACEMENT STATION (1264), FORT DIX, NEW JERSEY, PRIOR TO 5:00 P.M., DECEMBER 8, 1959, FOR FURTHER ASSIGNMENT TO HEADQUARTERS, U.S. ARMY SECURITY AGENCY EUROPE (9420), APO 757, NEW YORK, NEW YORK. THIRTY DAYS' DELAY AT HOME OR LEAVE ADDRESS WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED CHARGEABLE AS LEAVE PROVIDED IT DID NOT INTERFERE WITH THE REPORTING DATE SPECIFIED. YOU LEFT FORT BLISS ON NOVEMBER 4, 1959, IN A LEAVE STATUS, AND TRAVELED BY PERSONALLY OWNED VEHICLE TO NORTH ADAMS ARRIVING THERE ON NOVEMBER 13, 1959. BY PARAGRAPH 34, SPECIAL ORDERS NO. 234, ISSUED NOVEMBER 24, 1959, OF HEADQUARTERS, U.S. ARMY AIR DEFENSE CENTER, FORT BLISS, SO MUCH OF PARAGRAPH 22 OF SPECIAL ORDERS NO. 202 AS PERTAINED TO YOU WAS REVOKED. YOU WERE VERBALLY NOTIFIED OF THIS REVOCATION ON DECEMBER 1, 1959, AND YOU IMMEDIATELY RETURNED TO FORT BLISS, ARRIVING THERE AT 8:30 A.M., DECEMBER 2, 1959.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253. PARAGRAPH 3003-1B, CHANGE 80, DATED MAY 1, 1959, EFFECTIVE IN YOUR CASE, PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS, OR THE MEMBER IS GRANTED ADDITIONAL TRAVEL TIME TO PERMIT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, THE AMOUNT OF SUCH LEAVE, DELAY, OR EXCESS TRAVEL TIME WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE EFFECTIVE DATE OF THE ORDERS. SUCH PROVISION, HOWEVER, DOES NOT NECESSARILY ESTABLISH THE REQUIRED DEPARTURE DATE UNDER THE ORDERS.

IT HAS LONG BEEN THE RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. WHERE A MEMBER IS GRANTED LEAVE IN CONNECTION WITH AN ORDERED CHANGE OF STATION IT IS CONSIDERED THAT NO OFFICIAL TRAVEL AT PUBLIC EXPENSE IS REQUIRED UNDER HIS ORDERS UNTIL THE EXPIRATION OF AUTHORIZED LEAVE, AND IF THE ORDERS ARE CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO THE LEAVE AND THE EXPENSES MUST BE BORNE BY THE TRAVELER CONCERNED. 8 COMP. GEN. 524, 9 ID. AND 33 ID. 289. PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS (CASE 9) PROVIDES AN EXCEPTION TO THAT RULE TO PERMIT THE PAYMENT OF ALLOWANCES FROM THE DUTY STATION TO THE PLACE WHERE NOTICE OF THE CANCELLATION IS RECEIVED, AND RETURN, NOT TO EXCEED THE OFFICIAL DISTANCE FROM THE OLD STATION TO THE CONTEMPLATED NEW STATION AND RETURN, BUT ONLY IN CIRCUMSTANCES WHERE SUCH CANCELLATION WOULD NOT HAVE BEEN RECEIVED BY THE MEMBER AT HIS DUTY STATION BEFORE THE DATE HE WOULD HAVE BEEN REQUIRED TO DEPART TO ARRIVE AT HIS NEW STATION ON THE DATE INDICATED IN THE ORIGINAL ORDERS HAD HE NOT AVAILED HIMSELF OF THE LEAVE.

YOU WERE NOT REQUIRED TO COMMENCE TRAVEL FROM FORT BLISS UNDER THE ORDERS OF OCTOBER 12, 1959, UNTIL SUCH TIME AS WOULD BE NECESSARY TO ENABLE YOU TO REACH FORT DIX BY RAIL BY 5:00 P.M. ON DECEMBER 8, 1959, SINCE NO OTHER FORM OF TRANSPORTATION WAS SPECIFIED. IT IS APPARENT THEREFORE, THAT BUT FOR YOUR EARLIER DEPARTURE TO AVAIL YOURSELF OF THE LEAVE AUTHORIZED BY THE ORDERS YOU WOULD HAVE BEEN AT FORT BLISS WHEN THE REVOKING ORDERS OF NOVEMBER 24, 1959, WERE ISSUED AND THEY WOULD HAVE BEEN DELIVERED TO YOU THERE BEFORE YOU WERE REQUIRED TO COMMENCE TRAVEL ON THE DIRECTED CHANGE OF STATION. UNDER SUCH CIRCUMSTANCES IT MUST BE CONSIDERED THAT YOUR FAILURE TO RECEIVE THE REVOKING ORDERS AT FORT BLISS AT THE TIME THEY WERE ISSUED WAS CAUSED SOLELY BY YOUR ABSENCE THEREFROM FOR PERSONAL REASONS TO TAKE LEAVE, AND CONSEQUENTLY THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM REGARDLESS OF A CONSIDERATION OF THE FURTHER QUESTION YOU HAVE RAISED AS TO WHETHER THE NOTIFICATION YOU RECEIVED AT NORTH ADAMS ON DECEMBER 1, 1959, OF THE REVOCATION OF YOUR ORDERS WAS A TIMELY NOTIFICATION. IT MAY BE STATED IN THAT REGARD, HOWEVER, THAT SINCE THE ORDERS OF OCTOBER 12, 1959, DID NOT SPECIFY THAT THE DIRECTED TRAVEL BE PERFORMED BY ANY MEANS OTHER THAN BY RAIL, TRAVEL UNDER THOSE ORDERS WOULD NOT HAVE BEEN REQUIRED UNTIL A DATE SUBSEQUENT TO DECEMBER 1. THE NOTIFICATION YOU RECEIVED ON THAT DATE, THEREFORE, WOULD HAVE BEEN TIMELY TO DEFEAT YOUR RIGHT TO THE TRAVEL ALLOWANCES CLAIMED HAD YOU OTHERWISE BEEN ENTITLED TO THOSE ALLOWANCES.