B-147911, MAR. 6, 1962

B-147911: Mar 6, 1962

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MARTIN GALVES: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5. WERE ISSUED PURSUANT TO BUREAU OF NAVAL PERSONNEL INSTRUCTION 1050.2A OF SEPTEMBER 14. YOU WERE TRANSFERRED TO DUTY IN WASHINGTON. YOU WERE FURNISHED TRANSPORTATION TO TRAVIS AIR FORCE BASE. FOR WHICH YOU WERE PAID MILEAGE IN THE SUM OF $179.16. AN AUDIT EXCEPTION WAS TAKEN TO THE MILEAGE PAYMENT FOR THE REASON THAT YOUR ORDERS OF FEBRUARY 22. WERE PERMISSIVE ORDERS FOR THE PURPOSE OF PERMITTING YOU TO TAKE REENLISTMENT LEAVE AND THEREFORE MILEAGE WAS NOT PAYABLE IN EXCESS OF THE OFFICIAL DISTANCE FROM THE OLD PERMANENT DUTY STATION. THE SUM OF $101.28 WAS COLLECTED BY ADJUSTMENT IN YOUR PAY RECORD. YOU CLAIM FOR REIMBURSEMENT OF THE AMOUNT COLLECTED WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 26.

B-147911, MAR. 6, 1962

TO MR. MARTIN GALVES:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1961, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 26, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO WASHINGTON, D.C., INCIDENT TO YOUR ORDERS OF JUNE 26, 1957.

THE RECORD SHOWS THAT AFTER YOUR DISCHARGE AND REENLISTMENT, ORDERS DATED FEBRUARY 22, 1957, WERE ISSUED PURSUANT TO BUREAU OF NAVAL PERSONNEL INSTRUCTION 1050.2A OF SEPTEMBER 14, 1954, DETACHING YOU FROM DUTY ASSIGNMENT ON BOARD THE U.S.S. HOWARD W. GILMORE (AS-16) AT KEY WEST, FLORIDA, AND TRANSFERRING YOU TO COMMANDER, NAVAL FORCES PHILIPPINES, FOR 90 DAYS' REENLISTMENT LEAVE AND FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL.

YOU TRAVELED TO SAN FRANCISCO, CALIFORNIA, AND REPORTED TO COMMANDANT, TWELFTH NAVAL DISTRICT, FOR TRANSPORTATION TO THE PHILIPPINES. THAT COMMAND AUTHORIZED TRANSPORTATION TO THE PHILIPPINES FOR YOURSELF AND YOUR DEPENDENTS ON A MSTS VESSEL UPON PAYMENT OF THE SPECIFIED FARES. YOU DEPARTED ON LEAVE IMMEDIATELY UPON DEBARKATION AND UPON COMPLETION OF SUCH LEAVE YOU REPORTED TO THE NAVAL STATION AT SANGLEY POINT, PHILIPPINES, FOR FURTHER ASSIGNMENT. BY ORDERS DATED JUNE 26, 1957, YOU WERE TRANSFERRED TO DUTY IN WASHINGTON, D.C. YOU WERE FURNISHED TRANSPORTATION TO TRAVIS AIR FORCE BASE, CALIFORNIA, AND TRAVELED FROM THERE TO WASHINGTON, D.C., FOR WHICH YOU WERE PAID MILEAGE IN THE SUM OF $179.16.

AN AUDIT EXCEPTION WAS TAKEN TO THE MILEAGE PAYMENT FOR THE REASON THAT YOUR ORDERS OF FEBRUARY 22, 1957, WERE PERMISSIVE ORDERS FOR THE PURPOSE OF PERMITTING YOU TO TAKE REENLISTMENT LEAVE AND THEREFORE MILEAGE WAS NOT PAYABLE IN EXCESS OF THE OFFICIAL DISTANCE FROM THE OLD PERMANENT DUTY STATION, KEY WEST, FLORIDA, TO THE NEW PERMANENT DUTY STATION, WASHINGTON, D.C. CONSEQUENTLY, THE SUM OF $101.28 WAS COLLECTED BY ADJUSTMENT IN YOUR PAY RECORD. YOU CLAIM FOR REIMBURSEMENT OF THE AMOUNT COLLECTED WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 26, 1960, FOR THE REASON THAT YOU WERE REASSIGNED TO DUTY IN WASHINGTON, D.C., WHILE YOU WERE ON LEAVE IN THE PHILIPPINES AND PARAGRAPH 4146, CASE 7 (A), JOINT TRAVEL REGULATIONS, PROVIDES THAT IF A MEMBER'S STATION IS CHANGED WHILE HE IS ON LEAVE, HE IS ENTITLED, ON JOINING THE NEW STATION TO ALLOWANCES FROM THE PLACE HE RECEIVED THE ORDERS DIRECTING THE CHANGE, NOT TO EXCEED THE DISTANCE FROM THE OLDTO THE NEW STATION.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. JOINT TRAVEL REGULATIONS PROMULGATED UNDER THAT ACT PROVIDE (PARAGRAPH 3050-1) THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHEN ACTUALLY IN A TRAVEL STATUS AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL ON PUBLIC BUSINESS UNDER COMPETENT ORDERS. PARAGRAPH 6454 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO MILEAGE ONLY FOR TRAVEL NECESSARILY PERFORMED IN THE MILITARY SERVICE UNDER COMPETENT ORDERS. THE RECOGNIZED AND LONG-ESTABLISHED RULE THAT THE RIGHT OF OF A MEMBER TO MILEAGE FOR TRAVEL PERFORMED UNDER ORDERS DEPENDS ON WHETHER THE TRAVEL IS ON PUBLIC BUSINESS IS FOUNDED UPON THE PRINCIPLE THAT PUBLIC BUSINESS IS THE BASIS FOR REIMBURSEMENT OF TRAVELING EXPENSES OR THE PAYMENT OF MILEAGE. THE CHARACTER OF THE SERVICE PERFORMED IS TO BE DETERMINED FROM THE FACTS IN EACH CASE AND IF FROM THE FACTS OF RECORD IT APPEARS THAT TRAVEL WAS PERFORMED, NOT ON PUBLIC BUSINESS, BUT FOR THE CONVENIENCE OF THE MEMBER OR ON PRIVATE BUSINESS, THERE IS NO AUTHORITY FOR PAYMENT OF MILEAGE OR OTHER TRAVEL EXPENSES. SEE 9 COMP. GEN. 414 AND 30 ID. 19. THAT RULE IS FOR APPLICATION IN CASES WHERE ORDERS ARE ISSUED FOR THE PURPOSE OF GRANTING LEAVE RATHER THAN TO MEET THE NEEDS OF THE SERVICE. CLEARLY, PUBLIC BUSINESS IS NOT INVOLVED IN TRAVEL FOR THE PURPOSE OF TAKING LEAVE AND THE MEMBER IS NOT ENTITLED TO MILEAGE FOR THE ORDERED TRAVEL TO AND FROM THE PLACE WHERE THE LEAVE IS TAKEN. SEE PERRIMOND V. UNITED STATES, 19 CT.CL. 509.

WHILE YOUR ORDERS OF FEBRUARY 22, 1957, ASSIGNING YOU TO THE COMMANDER NAVAL FORCES, SANGLEY POINT, PHILIPPINES, CONTAIN THE ABBREVIATION "PGS" DENOTING A PERMANENT CHANGE OF STATION, THE ORDERS FURTHER PROVIDED THAT SUCH ASSIGNMENT WAS FOR 90 DAYS OF REENLISTMENT LEAVE UPON COMPLETION OF WHICH YOU WERE TO BE FURTHER ASSIGNED BY THE BUREAU OF NAVAL PERSONNEL. HENCE, THE SOLE PURPOSE OF SUCH ORDERS WAS TO ASSIGN YOU TO SANGLEY POINT ONLY AS AN INTERMEDIATE STATION FOR RECORD PURPOSES WHILE TAKING REENLISTMENT LEAVE UPON THE COMPLETION OF WHICH YOU WERE TO BE ASSIGNED TO YOUR NEXT DUTY STATION. THAT WAS ACCOMPLISHED BY YOUR ORDERS OF JUNE 26, 1957. THUS, NOTWITHSTANDING YOU WERE "DETACHED" FROM YOUR OLD DUTY STATION WHEN YOU WERE ORDERED TO COMMANDER NAVAL FORCES, PHILIPPINES, AND "DIRECTIVE" ORDERS WERE ISSUED BY THAT COMMAND TO YOUR NEW DUTY STATION AT WASHINGTON, D.C., IT IS CLEAR THAT THE TRAVEL YOU PERFORMED UNDER THE ORDERS OF FEBRUARY 22 AND JUNE 26, 1957, IN EXCESS OF THE DISTANCE FROM KEY WEST TO WASHINGTON, D.C., WAS INCIDENT TO YOUR REENLISTMENT LEAVE AND WAS NOT IN FACT TRAVEL PERFORMED TO MEET THE NEEDS OF THE SERVICE.

THEREFORE, SINCE THE ASSIGNMENT TO THE NAVAL STATION AT SANGLEY POINT, PHILIPPINES, WAS NOT IN FACT A PERMANENT DUTY ASSIGNMENT AS YOUR ORDERS PURPORTED TO SHOW BUT WAS ONLY TO PERMIT YOU TO TAKE LEAVE, YOU ARE ENTITLED ONLY TO PERMANENT CHANGE OF STATION ALLOWANCES FROM HOWARD W. GILMORE (AS-16), KEY WEST, FLORIDA--- STATION YOU LEFT TO GO ON LEAVE--- TO WASHINGTON, D.C. ACCORDINGLY, THE PAYMENT OF THE ADDITIONAL MILEAGE YOU RECEIVED BASED ON THE DISTANCE FROM SANGLEY POINT, PHILIPPINES, TO WASHINGTON, D.C., WAS IMPROPER AND THE ACTION TAKEN IN COLLECTING SUCH PAYMENT WAS CORRECT. THE SETTLEMENT OF FEBRUARY 26, 1960, IS SUSTAINED.