B-143926, NOVEMBER 30, 1960, 40 COMP. GEN. 317

B-143926: Nov 30, 1960

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PLUS TRAVEL TIME AUTHORIZED IN THE CASE OF A NAVY MEMBER WHOSE ENLISTMENT EXTENSION BECOMES EFFECTIVE WHILE HE IS ON AUTHORIZED LEAVE PRIOR TO THE EFFECTIVE DATE OF ORDERS CHANGING HIS DUTY STATION FROM A SEA DUTY ASSIGNMENT TO A STATION IN THE UNITED STATES. THE VESSEL FROM WHICH THE MEMBER IS DETACHED REMAINS HIS DUTY STATION PRIOR TO EFFECTIVE DATE OF THE ORDERS AND IS REGARDED AS THE PLACE OF THE ENLISTMENT EXTENSION FOR ELECTION OF AN ENLISTMENT TRAVEL ALLOWANCE AND WHEN THE VESSEL IS OPERATING OFF THE UNITED STATES COAST ON THE DATE OF THE ENLISTMENT EXTENSION THE TRAVEL ALLOWANCE IS COMPUTED ON SUCH BASIS. IT APPEARS THAT THE CLAIMANT WAS ACCEPTED FOR ENLISTMENT IN THE NAVY ON JUNE 6.

B-143926, NOVEMBER 30, 1960, 40 COMP. GEN. 317

MILITARY PERSONNEL - TRAVEL ORDERS - EFFECTIVE DATE- LEAVE OR DELAY EN ROUTE TO NEW STATION - ENLISTMENT EXTENSION WHILE ON LEAVE SINCE THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS WHICH PERMIT MEMBERS OF THE UNIFORMED SERVICES LEAVE OR DELAY EN ROUTE TO THE NEW STATION DETERMINED BY ADDING THE AMOUNT OF LEAVE OR DELAY TO THE DATE OF THE MEMBER'S DETACHMENT, PLUS TRAVEL TIME AUTHORIZED IN THE CASE OF A NAVY MEMBER WHOSE ENLISTMENT EXTENSION BECOMES EFFECTIVE WHILE HE IS ON AUTHORIZED LEAVE PRIOR TO THE EFFECTIVE DATE OF ORDERS CHANGING HIS DUTY STATION FROM A SEA DUTY ASSIGNMENT TO A STATION IN THE UNITED STATES, THE VESSEL FROM WHICH THE MEMBER IS DETACHED REMAINS HIS DUTY STATION PRIOR TO EFFECTIVE DATE OF THE ORDERS AND IS REGARDED AS THE PLACE OF THE ENLISTMENT EXTENSION FOR ELECTION OF AN ENLISTMENT TRAVEL ALLOWANCE AND WHEN THE VESSEL IS OPERATING OFF THE UNITED STATES COAST ON THE DATE OF THE ENLISTMENT EXTENSION THE TRAVEL ALLOWANCE IS COMPUTED ON SUCH BASIS.

TO B. BAER, DEPARTMENT OF THE NAVY, NOVEMBER 30, 1960:

BY FOURTH ENDORSEMENT DATED SEPTEMBER 8, 1960, PDTATAC CONTROL NO. 60 30, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED HERE YOUR LETTER OF JULY 19, 1960, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE OFFICIAL MILEAGE DUE MORGAN JOHN GATTEN, CS3, USN, UPON EXTENSION OF ENLISTMENT EFFECTIVE JUNE 6, 1960.

IT APPEARS THAT THE CLAIMANT WAS ACCEPTED FOR ENLISTMENT IN THE NAVY ON JUNE 6, 1958. HE AGREED TO EXTEND HIS ENLISTMENT FOR TWO YEARS EFFECTIVE JUNE 6, 1960, WHILE HE WAS ABOARD THE U.S.S. WALLACE L. LIND (DD-703) AND ELECTED TO RECEIVE TRAVEL ALLOWANCE TO DETROIT, MICHIGAN, HIS HOME OF RECORD. BY ORDERS DATED MAY 18, 1960, HE WAS DETACHED FROM HIS SEA DUTY ASSIGNMENT ON MAY 20, 1960, AND WAS DIRECTED TO FOR DUTY AT THE NAVAL AUXILIARY AIR STATION, PORT ISABEL, TEXAS, WITH 30 DAYS' LEAVE AND THREE DAYS' TRAVEL TIME EN ROUTE. ON JUNE 6, 1960, THE EFFECTIVE DATE OF THE EXTENSION OF ENLISTMENT, HE WAS ON LEAVE AT HIS HOME OF RECORD IN DETROIT, MICHIGAN. UNDER THE PROVISIONS OF PARAGRAPH 4157-3 OF THE JOINT TRAVEL REGULATIONS, THE ENTITLEMENT TO MILEAGE EXISTS FROM THE PLACE WHERE THE EXTENSION TAKES EFFECT TO THE PLACE OF ENTRY INTO THE SERVICE OR TO THE HOME OF RECORD, AS THE MEMBER MAY ELECT.

PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF ORDERS ISSUED TO A MEMBER, WHEN THE ORDERS INVOLVE LEAVE OR DELAY EN ROUTE, IS DETERMINED BY ADDING THE AMOUNT OF SUCH LEAVE OR DELAY TO THE DATE OF THE MEMBER'S RELIEF FROM THE OLD STATION (DETACHMENT). IN THIS CASE, THE MEMBER WAS DETACHED WITH DIRECTION TO PROCEED FROM THE U.S.S. WALLACE L. LIND (DD-703) AT NORFOLK, VIRGINIA, TO PORT ISABEL, TEXAS, WITH AUTHORITY TO DELAY REPORTING AT THE NEW STATION UNTIL JUNE 22, 1960, SUCH DELAY EXCEPT FOR THREE DAYS' TRAVEL TIME TO COUNT AS LEAVE. THUS, WHILE HE WAS ON LEAVE AT DETROIT, MICHIGAN, JUNE 6, 1960, THE U.S.S. WALLACE L. LIND (DD-703) REMAINED HIS DUTY STATION FOR TRAVEL ALLOWANCE PURPOSES UNTIL THE EFFECTIVE DATE OF THE TRAVEL ORDERS AND, CONSEQUENTLY, WE BELIEVE SUCH DUTY STATION IS TO BE REGARDED AS THE PLACE WHERE THE EXTENSION BECAME EFFECTIVE FOR PURPOSE OF THE ENLISTMENT TRAVEL ALLOWANCE. THEREFORE, TRAVEL ALLOWANCE IS PAYABLE FROM THE PLACE WHERE THE SHIP WAS OPERATING ON THAT DAY TO HIS HOME AT DETROIT, MICHIGAN, UNDER HIS ELECTION. SEE 37 COMP. GEN. 662. SINCE IT IS REPORTED THAT ON JUNE 6, 1960, THE U.S.S. WALLACE L. LIND (DD-703) WAS OPERATING AT SEA OFF THE COAST OF VIRGINIA, IT APPEARS THAT MILEAGE MUST BE COMPUTED ON THE BASIS THAT HE WAS AT A PLACE OUTSIDE THE UNITED STATES.

PARAGRAPH 4159-5C OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES IS LOCATED WITHIN THE UNITED STATES, MILEAGE IS PAYABLE FOR THE OFFICIAL DISTANCE OF THE LAND TRAVEL INVOLVED FROM THE MEMBER'S LAST DUTY STATION TO THE NEAREST FOREIGN AERIAL OR WATER PORT OF EMBARKATION FROM WHICH TRANSPORTATION COULD BE FURNISHED TO THE UNITED STATES AND FROM THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES. IT FURTHER PROVIDES THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES EAST OF 100 DEGREE WEST LONGITUDE, BUT WEST OF 100 DEGREE EAST LONGITUDE, THE PORT OF NEW YORK, NEW YORK, NEW ORLEANS, LOUISIANA, OR NORFOLK, VIRGINIA, WHICHEVER INVOLVES THE LESSER AMOUNT OF LAND TRAVEL IN THE UNITED STATES, WILL APPLY.

IN THE PRESENT CASE, SINCE IT APPEARS THAT THE DISTANCE FROM THE PORT TO NEW YORK TO DETROIT, MICHIGAN, INVOLVES THE LESSER LAND TRAVEL IN THE UNITED STATES, THE MEMBER IS ENTITLED TO PAYMENT OF MILEAGE BETWEEN THOSE POINTS. THE CLAIM, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH AND THE MEMBER MAY BE PAID ON THAT BASIS.