B-150451, FEB. 11, 1963

B-150451, FEB. 11, 1963

TO ENSIGN D. A. ALEVA, DISBURSING OFFICER, U.S.S. FARRAGUT (DLG-6):

BY SECOND ENDORSEMENT DATED NOVEMBER 16, 1962, THE COMPTROLLER OF THE NAVY FORWARDED HERE YOUR LETTER OF OCTOBER 10, 1962, REQUESTING AN ADVANCE DECISION AS TO THE ENTITLEMENT OF LIEUTENANT COMMANDER ROBERT R. MONROE, USN. 533 044, TO ADDITIONAL MILEAGE ALLOWANCE FOR PERSONAL AND DEPENDENT TRAVEL PERFORMED INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS DATED JUNE 1, 1962. THE REQUEST FOR DECISION WAS ASSIGNED CONTROL NO. 62-26 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED JUNE 1, 1962, ISSUED BY THE COMMANDING OFFICER, NAVAL RESERVE OFFICERS' TRAINING CORPS, STANFORD, CALIFORNIA, THE MEMBER WAS DIRECTED TO PROCEED FROM HIS DUTY STATION AT STANFORD, CALIFORNIA, WITH DELAY OF 15 DAYS EN ROUTE TO COUNT AS LEAVE, TO THE PORT IN WHICH THE U.S.S. FARRAGUT (DLG-6) MIGHT BE AND UPON ARRIVAL REPORT TO THE COMMANDING OFFICER OF THAT VESSEL FOR DUTY AS EXECUTIVE OFFICER. THE ITINERARY FURNISHED WITH THE OFFICER'S CLAIM SHOWS THAT HE LEFT STANFORD WITH HIS FAMILY ON JUNE 20, 1962, AND TRAVELED BY AUTOMOBILE TO MAYPORT, FLORIDA, WHERE HE REPORTED ON BOARD THE SHIP FOR DUTY ON JULY 21, 1962.

IN YOUR LETTER IT IS STATED THAT IN ACCORDANCE WITH PARAGRAPH 4155 1 OF THE JOINT TRAVEL REGULATIONS THE MILEAGE ALLOWANCE FOR THE MEMBER'S AND HIS DEPENDENTS' TRAVEL WAS COMPUTED AND PAID ON THE BASIS OF HIGHWAY DISTANCE BETWEEN STANFORD, CALIFORNIA, AND MAYPORT, FLORIDA, PURSUANT TO THE OFFICIAL TABLE OF DISTANCES PUBLISHED IN ARMY REGULATIONS NO. 55- 60/AIR FORCE MANUAL 177-135, DATED MAY 7, 1962, AND EFFECTIVE JULY 1, 1962. HOWEVER, THE MEMBER CONTENDS THE MILEAGE ALLOWANCE SHOULD BE COMPUTED ON THE BASIS OF COMMON CARRIER DISTANCE IN ACCORDANCE WITH PRIOR REGULATIONS PUBLISHED IN ARMY REGULATIONS NO. 55-60/AIR FORCE MANUAL 177- 135 AT LEAST FOR THE DISTANCE BETWEEN STANFORD, CALIFORNIA, AND KNOXVILLE, TENNESSEE. HE EXPRESSES THE VIEW THAT THE PRIOR REGULATIONS ARE APPLICABLE IN HIS CASE FOR THE REASON THAT HE COMPLETED HIS TRAVEL TO KNOXVILLE, TENNESSEE, PRIOR TO JULY 1, 1962. YOU SAY THAT THE EFFECTIVE DATE OF THE ORDERS HAS BEEN ESTABLISHED BY YOUR OFFICE TO BE JULY 7, 1962.

UNDER THE PERTINENT STATUTE, 37 U.S.C. 404 AND 406, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED UPON PERMANENT CHANGE OF STATION TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES, OR MILEAGE FOR PERSONAL AND DEPENDENT TRAVEL PERFORMED UNDER COMPETENT ORDERS. THE RULE IS WELL ESTABLISHED THAT A MEMBER IS ENTITLED TO REIMBURSEMENT FOR TRAVEL EXPENSES ONLY WHEN THE TRAVEL IS PERFORMED ON PUBLIC BUSINESS. 36 COMP. GEN. 257. IN CONFORMITY WITH THIS PRINCIPLE, PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDER, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF ORDERS.

UNDER CIRCUMSTANCES WHERE A NAVY OFFICER IS TRANSFERRED ON PERMANENT CHANGE OF STATION AND IS GRANTED LEAVE, OR IS OTHERWISE AUTHORIZED TO DELAY IN PERFORMANCE OF THE DIRECTED TRAVEL, IT IS CONSIDERED THAT HE ENTERS A LEAVE STATUS UPON HIS DEPARTURE FROM HIS OLD DUTY STATION AND THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS CONTINUE IN EFFECT AND THE MEMBER REPORTS TO THE NEW STATION AS DIRECTED AFTER AVAILING HIMSELF OF AUTHORIZED LEAVE, HE IS NOT DEPRIVED OF THE ALLOWANCE TO WHICH HE WOULD HAVE BEEN ENTITLED IF HE HAD NOT AVAILED HIMSELF OF THE LEAVE, THE LEAVE OF ABSENCE MERELY HAVING SUSPENDED THE EXECUTION OF THE ORDERS. PARAGRAPH 4156, CASE 9A OF THE SAME REGULATIONS. IF THE ORDERS ARE CANCELLED, HOWEVER, PRIOR TO THEIR EFFECTIVE DATE ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED, OR WHICH MAY BE NECESSARY IN RETURNING TO THE OLD DUTY STATION IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES THEREOF MUST BE BORNE BY THE OFFICER CONCERNED. SEE 8 COMP. GEN. 524; 9 ID. 315; 24 ID. 776. SIMILARLY, IF THE TRAVEL REGULATIONS ARE REVOKED OR CHANGED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS TO PROVIDE A DIFFERENT BASIS FOR PAYMENT FOR THE PERFORMANCE OF OFFICIAL TRAVEL, THERE APPEARS TO BE NO AUTHORITY TO APPLY THE SUPERSEDED REGULATIONS FOR ANY PORTION OF THE TRAVEL WHICH MAY HAVE BEEN PERFORMED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS. COMPARE 41 COMP. GEN. 392.

PARAGRAPH 4155 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT OFFICIAL DISTANCES FOR PERMANENT CHANGE OF STATION TRAVEL WILL BE COMPUTED IN ACCORDANCE WITH OFFICIAL TABLE OF DISTANCES PUBLISHED BY THE SECRETARY OF THE ARMY. WHILE PRIOR TO JULY 1, 1962, THE OFFICIAL TABLE OF DISTANCES ESTABLISHED IN AR 55-60/AFM 177-135 WAS BASED ON COMMON CARRIER DISTANCES BETWEEN VARIOUS POINTS IN ALL CASES, EFFECTIVE JULY 1, 1962, THE DISTANCE FOR TRAVEL BY PRIVATELY OWNED VEHICLE IS COMPUTED ON THE BASIS OF THE HIGHWAY DISTANCE BETWEEN POINTS OF DEPARTURE AND DESTINATION. PARAGRAPH 4 OF THE REGULATIONS EFFECTIVE JULY 1, 1962, SETTING FORTH THE TABLES OF DISTANCES COMPUTED ON HIGHWAY ROUTES, PROVIDES THAT THE OFFICIAL DISTANCES SHOWN IN THOSE TABLES APPLY TO TRAVEL PERFORMED ON AND AFTER THE EFFECTIVE DATE OF THE REGULATIONS, EXCEPT WHERE THE ORDERS UNDER WHICH THE TRAVEL IS PERFORMED HAVE AN EARLIER EFFECTIVE DATE, THE OFFICIAL DISTANCES IN EFFECT ON SUCH EARLIER DATE WILL APPLY. THAT PROVISION, HOWEVER, DOES NOT SAVE TO A MEMBER WHOSE ORDERS ARE NOT EFFECTIVE UNTIL ON OR AFTER THE EFFECTIVE DATE OF THE REGULATIONS A RIGHT TO ALLOWANCES COMPUTED ON THE BASIS OF THE EARLIER TABLES FOR TRAVEL WHICH MAY HAVE BEEN PERFORMED IN A LEAVE STATUS PRIOR TO THE EFFECTIVE DATE OF THE MEMBER'S ORDERS AND PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN THE TABLES OF DISTANCES.

SINCE THE MEMBER WAS NOT OFFICIALLY REQUIRED TO TRAVEL TO MAYPORT, FLORIDA, UNTIL AFTER JULY 7, 1962, HIS ENTITLEMENT TO REIMBURSEMENT FOR PERSONAL AND DEPENDENT TRAVEL MAY NOT EXCEED THE ALLOWANCE AUTHORIZED BY THE CURRENT REGULATIONS. THEREFORE THE MILEAGE ALLOWANCE IN HIS CASE MUST BE LIMITED TO THE OFFICIAL HIGHWAY DISTANCE FOR THE DIRECT TRAVEL FROM STANFORD, CALIFORNIA, TO MAYPORT, FLORIDA. ACCORDINGLY, PAYMENT OF ADDITIONAL MILEAGE IS NOT AUTHORIZED AND THE VOUCHER WILL BE RETAINED HERE.