B-148841, MAY 17, 1962

B-148841: May 17, 1962

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MCDANIEL: REFERENCE IS MADE TO YOUR LETTER OF APRIL 12. YOUR REGULAR COMMISSION IN THE UNITED STATES MARINE CORPS WAS TERMINATED ON JULY 30. YOU WERE IMMEDIATELY ASSIGNED TO ACTIVE DUTY AS A RESERVIST AT THE U.S. FROM WHICH PLACE YOU WERE DETACHED JULY 31. INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY YOU WERE PAID ACTIVE DUTY PAY AND ALLOWANCES IN THE AMOUNT OF $79.58 FOR FIVE DAYS' TRAVEL TIME. PROVIDES THAT A RESERVE OFFICER RELEASED FROM ACTIVE DUTY PAY FOR TRAVEL TIME TO THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY COMPUTED ON THE BASIS OF THE ACTUAL AND NECESSARY PUBLIC SURFACE CARRIER SCHEDULES OVER THE SHORTEST USUALLY TRAVELED ROUTE. SINCE YOU WERE ORDERED TO ACTIVE DUTY AS A RESERVIST AT THE STATION FROM WHICH YOU WERE DETACHED UNDER RELEASE FROM ACTIVE DUTY ORDERS.

B-148841, MAY 17, 1962

TO MR. GARY A. MCDANIEL:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1962, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $79.58 ARISING FROM YOUR SERVICE IN THE MARINE CORPS.

PURSUANT TO YOUR REQUEST DATED FEBRUARY 2, 1956, YOUR REGULAR COMMISSION IN THE UNITED STATES MARINE CORPS WAS TERMINATED ON JULY 30, 1956, AT THE U.S. NAVAL BASE, NORFOLK, VIRGINIA. YOU ACCEPTED A COMMISSION IN THE MARINE CORPS RESERVE ON JULY 31, 1956. YOU WERE IMMEDIATELY ASSIGNED TO ACTIVE DUTY AS A RESERVIST AT THE U.S. NAVAL BASE, NORFOLK, VIRGINIA, FROM WHICH PLACE YOU WERE DETACHED JULY 31, 1956, AND RELEASED FROM ACTIVE DUTY. INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY YOU WERE PAID ACTIVE DUTY PAY AND ALLOWANCES IN THE AMOUNT OF $79.58 FOR FIVE DAYS' TRAVEL TIME, AUGUST 1 TO 5, 1956.

PARAGRAPH 044230-3B, NAVY COMPTROLLER MANUAL, PROVIDES THAT A RESERVE OFFICER RELEASED FROM ACTIVE DUTY PAY FOR TRAVEL TIME TO THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY COMPUTED ON THE BASIS OF THE ACTUAL AND NECESSARY PUBLIC SURFACE CARRIER SCHEDULES OVER THE SHORTEST USUALLY TRAVELED ROUTE. SINCE YOU WERE ORDERED TO ACTIVE DUTY AS A RESERVIST AT THE STATION FROM WHICH YOU WERE DETACHED UNDER RELEASE FROM ACTIVE DUTY ORDERS, NO RELEASE FROM ACTIVE DUTY TRAVEL WAS INVOLVED IN YOUR CASE AND THE PAYMENT OF $79.58 MADE TO YOU ON THE BASIS OF FIVE DAYS' TRAVEL TIME WAS ERRONEOUS. IN DECISION OF B-132812 OF OCTOBER 18, 1957, PUBLISHED AT 37 COMP. GEN. 262, IT WAS HELD THAT PRIOR SERVICE AS A REGULAR CANNOT BE COMBINED WITH SERVICE AS A RESERVIST TO INCREASE TRAVEL RIGHTS UPON RELEASE FROM ACTIVE DUTY AS A RESERVIST. IT IS YOUR CONTENTION THAT THAT DECISION IS NOT APPLICABLE TO YOUR CASE SINCE IT WAS RENDERED SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY.

THE DECISION OF OCTOBER 18, 1957, WAS BASED ON THE LAW AND REGULATIONS IN EFFECT WHEN YOU WERE RELEASED FROM ACTIVE DUTY AND FOR THAT REASON IS APPLICABLE TO YOUR CASE. A COPY OF THAT DECISION IS ENCLOSED FOR YOUR CONVENIENCE.

ACCORDINGLY, YOUR REMITTANCE IN THE SUM OF $79.58 IN THE FORM OF CHECK OR MONEY ORDER PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON, 12, D.C. ..END :