B-147683, JAN. 11, 1962

B-147683: Jan 11, 1962

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17. WHICH WAS FORWARDED BY THE FINANCE CENTER. YOU WERE TO BE RELEASED FROM ACTIVE DUTY AT FORT HAMILTON. WAS RECEIVED AT YOUR STATION FORWARDING SUCH INFORMATION AND STATING FURTHER THAT IT WOULD BE NECESSARY FOR YOU TO TAKE A FINAL TYPE PHYSICAL EXAMINATION PRIOR TO YOUR RETIREMENT. NO DATE WAS GIVEN FOR THE EXAMINATION. IT WAS STATED SUCH EXAMINATION WAS REQUIRED TO THE EFFECTIVE DATE OF RETIREMENT. A SIMILAR MESSAGE APPARENTLY WAS ALSO SENT TO FORT KNOX. YOUR CLAIM WAS FORWARDED TO OUR CLAIMS DIVISION FOR CONSIDERATION OF YOUR TRAVEL CLAIM AND BY SETTLEMENT DATED OCTOBER 19. IT WAS ALLOWED IN THE AMOUNT OF $15.96 REPRESENTING REIMBURSEMENT ON A MILEAGE BASIS FOR THE DISTANCE FROM ERLANGER.

B-147683, JAN. 11, 1962

TO MASTER SERGEANT ALBERT MILNAR, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1961, REQUESTING REVIEW OF THE SETTLEMENT OF YOUR CLAIM FOR MILEAGE FROM NEW ORLEANS, LOUISIANA, TO FORT KNOX, KENTUCKY, AND RETURN, MADE BY OUR CLAIMS DIVISION OCTOBER 19, 1961. IN A FURTHER LETTER DATED NOVEMBER 6, 1961, WHICH WAS FORWARDED BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOU RESUBMITTED THE CLAIM REFERRED TO ABOVE, AND THE CLAIM FOR FOUR DAYS' ADDITIONAL LEAVE PAY AND ALLOWANCES FOR THE TIME TAKEN FOR SUCH TRAVEL AND IN ADDITION YOU REQUESTED TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO FORT HAMILTON, NEW YORK, AND FROM THERE TO NEW ORLEANS, LOUISIANA, RATHER THAN ON THE BASIS OF THE DIRECT DISTANCE FROM MCGUIRE AIR FORCE BASE TO NEW ORLEANS AS PREVIOUSLY PAID TO YOU.

UNDER THE PROVISIONS OF ORDERS DATED JUNE 22, 1961, HEADQUARTERS, DEPARTMENT OF THE ARMY, YOU WERE TO BE RELEASED FROM ACTIVE DUTY AT FORT HAMILTON, NEW YORK, EFFECTIVE JULY 31, 1961, PLACED ON THE RETIRED LIST AND TRANSFERRED TO THE U.S. ARMY RESERVE (RETIRED RESERVE), AUGUST 1, 1961. ON JUNE 21, 1961, YOU REQUESTED 39 DAYS' LEAVE COMMENCING JUNE 23, AND YOU LISTED YOUR ADDRESS WHILE ON LEAVE AS 302 CENTER STREET, ERLANGER, KENTUCKY. IN RESPONSE TO A MESSAGE DATED JUNE 21, 1961, FROM FORT HAMILTON, NEW YORK, TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, REQUESTING INFORMATION AS TO YOUR FEDERAL SERVICE IN CONNECTION WITH YOUR FORTHCOMING RETIREMENT, A MESSAGE DATED JUNE 22, 1961, WAS RECEIVED AT YOUR STATION FORWARDING SUCH INFORMATION AND STATING FURTHER THAT IT WOULD BE NECESSARY FOR YOU TO TAKE A FINAL TYPE PHYSICAL EXAMINATION PRIOR TO YOUR RETIREMENT. THE RECORD CONTAINS A COPY OF A TELEGRAM DATED JULY 12, 1961, FROM THE COMMANDING OFFICER, FORT HAMILTON, NEW YORK, ADDRESSED TO YOU AT THE ADDRESS SHOWN IN YOUR LEAVE REQUEST AND DIRECTING THAT YOU REPORT TO FORT KNOX, KENTUCKY, FOR FINAL TYPE PHYSICAL EXAMINATION IN CONNECTION WITH YOUR RETIREMENT JULY 31. NO DATE WAS GIVEN FOR THE EXAMINATION, BUT IT WAS STATED SUCH EXAMINATION WAS REQUIRED TO THE EFFECTIVE DATE OF RETIREMENT. A SIMILAR MESSAGE APPARENTLY WAS ALSO SENT TO FORT KNOX, AS IT CONTAINED INSTRUCTIONS TO ADVISE FORT HAMILTON IF YOU HAD NOT REPORTED BY JULY 25, 1961.

THE ITINERARY YOU FURNISHED WITH YOUR CLAIM SHOWS YOU LEFT NEW ORLEANS, JULY 19 AND ARRIVED AT FORT KNOX, KENTUCKY, JULY 21, 1961. YOU DEPARTED FROM FORT KNOX ON JULY 22 AND ARRIVED AT ERLANGER, KENTUCKY, THE SAME DAY, STAYING THERE UNTIL AUGUST 7 AT WHICH TIME YOU LEFT BY PRIVATELY OWNED AUTOMOBILE AND ARRIVED AT NEW ORLEANS AUGUST 9. YOU CLAIMED MILEAGE FOR THE DISTANCE TRAVELED PLUS REIMBURSEMENT FOR TAXI FARES AND TIPS. ALSO, YOU CLAIMED FOUR DAYS' ADDITIONAL TERMINAL LEAVE PAY FOR THE PERIOD OF TRAVEL INCIDENT TO REPORTING AT FORT KNOX. YOUR CLAIM WAS FORWARDED TO OUR CLAIMS DIVISION FOR CONSIDERATION OF YOUR TRAVEL CLAIM AND BY SETTLEMENT DATED OCTOBER 19, 1961, IT WAS ALLOWED IN THE AMOUNT OF $15.96 REPRESENTING REIMBURSEMENT ON A MILEAGE BASIS FOR THE DISTANCE FROM ERLANGER, KENTUCKY, LEAVE ADDRESS, TO FORT KNOX, KENTUCKY, AND RETURN.

IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT YOU STATED THAT THE ADDRESS YOU FURNISHED FORT HAMILTON HEADQUARTERS WAS THAT OF YOUR SISTER, WHICH ADDRESS YOU HAD BEEN USING AS YOUR HOME OF RECORD WHILE ON ACTIVE DUTY, AND YOU HAD ADVISED THE ARMY PERSONNEL THERE THAT YOU WOULD KEEP YOUR SISTER INFORMED AS TO YOUR ITINERARY AND SHE COULD CONTACT YOU IF NECESSARY. YOU SAY THAT ON JULY 18, 1961, SHE CALLED YOU AT YOUR NEW ORLEANS ADDRESS BY TELEPHONE AND ADVISED YOU OF THE CONTENTS OF THE TELEGRAM REFERRED TO ABOVE AND ALSO OF A LETTER SHE RECEIVED FROM THE COMMANDING GENERAL, FORT KNOX, KENTUCKY, REQUESTING YOU TO REPORT THERE JULY 21, 1961. YOU STATE THAT UPON THE TERMINATION OF THE PHYSICAL EXAMINATION, YOU WERE REQUIRED TO TRAVEL BACK TO NEW ORLEANS, SINCE YOU HAD LOCATED EMPLOYMENT THERE AND FOR THAT REASON YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSE FROM AND TO NEW ORLEANS. IN A SUBSEQUENT LETTER DATED DECEMBER 21, 1961, YOU FORWARDED A COPY OF A LETTER FROM THE ADJUTANT, FORT HAMILTON, NEW YORK, DATED NOVEMBER 17, 1961, WHICH STATED THAT THE ARMY HAD THE OPTION OF EITHER CANCELLING YOUR LEAVE AND RETURNING YOU TO FORT HAMILTON OR DIRECTING YOU TO REPORT TO A LOCATION IN THE VICINITY OF YOUR LEAVE ADDRESS AND IT CHOSE THE LATTER AS A CONVENIENCE TO YOU.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813,37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 6452 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ON LEAVE WHO DEPART FROM THEIR OFFICIAL DUTY STATION DO SO AT THEIR OWN RISK AND IF ORDERED TO RETURN FROM LEAVE TO THEIR OFFICIAL STATION FOR DUTY, THEY MUST ASSUME THE EXPENSE INVOLVED IN RETURNING. THIS IS BASED ON THE WELL-ESTABLISHED PRINCIPLE THAT TRAVEL PERFORMED WHILE ON LEAVE IS FOR THE MEMBER'S PERSONAL CONVENIENCE AND NOT IN THE PUBLIC INTEREST OR UPON PUBLIC BUSINESS. SEE 30 COMP. GEN. 226; 36 ID. 257.

HOWEVER, WHERE A MEMBER IN A LEAVE STATUS IS DIRECTED TO PERFORM TRAVEL AND TEMPORARY DUTY AWAY FROM HIS OFFICIAL STATION AND RETURN TO A LEAVE STATUS UPON COMPLETION THEREOF, HE IS IN A TRAVEL STATUS FOR THAT PURPOSE AND ENTITLED TO TRAVEL ALLOWANCES WHILE IN SUCH TRAVEL STATUS, BUT HIS ENTITLEMENT IS LIMITED TO THE DISTANCE FROM THE PLACE OF RECEIPT OF ORDERS TO THE PLACE ORDERED TO TEMPORARY DUTY AND RETURN, NOT TO EXCEED THE DISTANCE FROM THE PLACE TO WHICH THE ORDERS WERE ADDRESSED TO THE PLACE ORDERED AND RETURN. SEE IN THAT CONNECTION, CASE 1, PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS, WHICH CONCERNS A SOMEWHAT ANALOGOUS SITUATION WITH RESPECT TO MEMBERS ORDERED TO ACTIVE DUTY, WHERE THE ENTITLEMENT IS LIMITED TO THE DISTANCE FROM THE PLACE TO WHICH THE ORDERS ARE ADDRESSED TO THE NEW DUTY STATION. IF YOUR ORDERS HAD REQUIRED YOU TO RETURN TO FORT HAMILTON FOR A PHYSICAL EXAMINATION YOU WOULD NOT HAVE BEEN ENTITLED TO ANY ALLOWANCES, IN VIEW OF THE PROVISIONS OF PARAGRAPH 6452, JOINT TRAVEL REGULATIONS, REFERRED TO ABOVE. HOWEVER, IN DIRECTING YOU TO REPORT TO A STATION IN THE VICINITY OF YOUR LEAVE ADDRESS, YOUR ENTITLEMENT TO TRAVEL ALLOWANCE ON A MILEAGE BASIS WAS LIMITED TO THE DISTANCE FROM ERLANGER, KENTUCKY, THE PLACE TO WHICH THE ORDERS WERE ADDRESSED, TO FORT KNOX, KENTUCKY, AND RETURN. PURSUANT TO PARAGRAPH 4400, JOINT TRAVEL REGULATIONS, REIMBURSEMENT OF EXPENSES SUCH AS TAXI FARES AND TIPS ARE NOT REIMBURSABLE TO MEMBERS PERFORMING TRAVEL ON A MILEAGE BASIS AND, ACCORDINGLY, THE SETTLEMENT OF OCTOBER 19, 1961, WHICH PAID FOR YOUR TRAVEL ON THAT BASIS IS CORRECT AND IS SUSTAINED.

WITH RESPECT TO YOUR CLAIM FOR FOUR DAYS' ADDITIONAL ACCRUED LEAVE PAY COVERING THE PERIOD YOU WERE REQUIRED TO TRAVEL TO FORT KNOX, KENTUCKY, AND BACK, YOUR ITINERARY SHOWS THAT YOU ARRIVED AT FORT KNOX JULY 21 AND DEPARTED JULY 22, 1961. THE ONLY NECESSARY OFFICIAL TRAVEL WAS FROM ERLANGER TO FORT KNOX, KENTUCKY, AND RETURN AND SINCE THE DISTANCE BETWEEN THESE POINTS IS 133 MILES, THE TRAVEL, TEMPORARY DUTY AND RETURN TRAVEL COULD HAVE BEEN COMPLETED IN TWO DAYS. ACCORDINGLY, YOU ARE ENTITLED TO TWO DAYS' ADDITIONAL ACCRUED LEAVE PAY. AS TO YOUR CONTENTION THAT YOU ARE ENTITLED TO TRANSPORTATION ALLOWANCE ON A MILEAGE BASIS FOR TRAVEL OF YOUR DEPENDENTS FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO FORT HAMILTON, NEW YORK, AND THEN TO NEW ORLEANS, LOUISIANA, BUT WERE PAID FOR THE DISTANCE FROM MCGUIRE AIR FORCE BASE DIRECT TO NEW ORLEANS, LOUISIANA, YOU ARE ADVISED THAT YOU WERE ORDERED TO FORT HAMILTON ONLY FOR THE PURPOSE OF EFFECTING YOUR RETIREMENT AND YOUR ASSIGNMENT THERE IS REGARDED AS A TEMPORARY DUTY ASSIGNMENT. PURSUANT TO PARAGRAPH 7012-1A, JOINT TRAVEL REGULATIONS, YOUR ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS IS LIMITED TO THE DISTANCE FROM MCGUIRE AIR FORCE BASE, THE PLACE TO WHICH YOUR DEPENDENTS WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO NEW ORLEANS, LOUISIANA, THE PLACE SELECTED AS YOUR HOME, AND YOU WERE PAID ACCORDINGLY. A SETTLEMENT WILL ISSUE IN DUE COURSE FOR PAY AND ALLOWANCES FOR TWO DAYS' ACCRUED LEAVE DUE YOU.