B-154458, AUGUST 12, 1964, 44 COMP. GEN. 80

B-154458, AUGUST 12, 1964, 44 COMP. GEN. 80

PAY - ABSENCE WITHOUT LEAVE - RETURN TO MILITARY CONTROL - RESERVISTS A MARINE CORPS RESERVE WHO UPON FAILING TO REPORT ON MARCH 1, 1964, FOR INVOLUNTARY ACTIVE DUTY FOR TRAINING IS APPREHENDED AND PLACED UNDER THE JURISDICTION OF MILITARY AUTHORITIES IN THE AREA OF HIS HOME ON MARCH 6, AND DELIVERED INTO CUSTODY AT HIS DUTY STATION ON MARCH 14, IS ENTITLED TO PAY FROM MARCH 6, IN ACCORDANCE WITH PARAGRAPH 044250-1 OF THE NAVY COMPTROLLER MANUAL WHICH PROVIDES THAT A MEMBER ABSENT WITHOUT AUTHORITY IS ENTITLED TO PAY FROM THE DATE HE RETURNS TO THE JURISDICTION OF THE ARMED FORCES, AND THE DELAY IN TRANSFERRING HIM TO HIS ASSIGNED DUTY STATION AFTER HE WAS PLACED UNDER MILITARY CONTROL IS CONSIDERED TO HAVE BEEN FOR THE CONVENIENCE OF THE GOVERNMENT; FURTHERMORE, THE MEMBER HAVING REPORTED FOR DUTY ON MARCH 14, USING THE TRANSPORTATION AND MEAL TICKETS FURNISHED FROM THE PLACE WHERE APPREHENDED, IS ONLY CHARGEABLE WITH THE COST OF THAT PORTION OF HIS TRAVEL WHICH EXCEEDED THE COST OF TRANSPORTATION AND MEAL TICKETS FOR THE TRAVEL DIRECTED BY HIS ORDERS.

TO MAJOR H. L. WALTERS, UNITED STAES MARINE CORPS, AUGUST 12, 1964:

BY 4TH INDORSEMENT DATED JUNE 2, 1964, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF APRIL 14, 1964, REQUESTING AN ADVANCE DECISION AS TO WHETHER PRIVATE MARTIN L. MAYFIELD, USMCR, IS ENTITLED TO PAY FOR THE PERIOD FROM MARCH 6 TO 12, 1964, AND TO A REFUND OF THE AMOUNT WITHHELD FROM THE MEMBER'S PAY AS THE COST TO THE GOVERNMENT FOR HIS TRANSPORTATION UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 64-17.

BY LETTER ORDER DATED FEBRUARY 17, 1964, HEADQUARTERS 8TH MARINE CORPS DISTRICT, NEW ORLEANS, LOUISIANA, PRIVATE MARTIN L. MAYFIELD WAS ORDERED TO 45 DAYS' INVOLUNTARY ACTIVE DUTY FOR TRAINING TO REPORT NOT LATER THAN MARCH 1, 1964, TO THE COMMANDING GENERAL, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA, FOR PHASE IV ACTIVE DUTY TRAINING. PARAGRAPH 4 OF THE ORDERS DIRECTED TRAVEL TO BE PERFORMED VIA COMMERCIAL TRANSPORTATION ON GOVERNMENT TRANSPORTATION REQUESTS AND SUBSISTENCE ON GOVERNMENT MEAL TICKETS. PARAGRAPH 7 PROVIDED THAT IN THE EVENT MAYFIELD FAILED TO REPORT AS DIRECTED, THE COMMANDING GENERAL WAS REQUESTED TO DECLARE HIM A DESERTER. THE MEMBER WAS FURNISHED THE NECESSARY TRANSPORTATION REQUESTS AND MEAL TICKETS FOR THE TRAVEL FROM BANDERA, TEXAS.

THE RECORD INDICATES THAT PRIVATE MAYFIELD DID NOT REPORT AT CAMP PENDLETON ON MARCH 1, 1964, AS DIRECTED AND HE WAS DECLARED A DESERTER AS OF THAT DAY. HE WAS APPREHENDED BY CIVIL AUTHORITIES AT DEL RIO, TEXAS, ON MARCH 6, 1964, AND DELIVERED THAT DAY TO MILITARY AUTHORITIES AT LAUGHLIN AIR FORCE BASE, TEXAS. IT IS INDICATED FURTHER THAT TWO GUARDS WERE ORDERED FROM CAMP PENDLETON TO TAKE CHARGE OF THE MEMBER AND DELIVER HIM TO CAMP PENDLETON. TRANSPORTATION REQUESTS FOR THE TRAVEL OF THE TWO GUARDS TO DEL RIO AND FOR THEIR RETURN WITH THE MEMBER WERE ISSUED, TOGETHER WITH MEAL TICKETS FOR THE MEMBER. YOU REPORT THAT THE MEMBER WAS DELIVERED INTO THE CUSTODY OF THE PROVOST MARSHAL AT CAMP PENDLETON ON MARCH 14, 1964, FOR CONFINEMENT. ON MARCH 18, 1964, HE WAS AWARDED 7 DAYS' CORRECTIONAL CUSTODY AS NONJUDICIAL PUNISHMENT UNDER THE AUTHORITY OF ARTICLE 15, UNIFORM CODE OF MILITARY JUSTICE, AND THE MARK OF DESERTION WAS REMOVED. YOU SAY THAT THE AMOUNT OF $76.80, REPRESENTING THE COST OF THE TRANSPORTATION AND MEAL TICKETS COVERING THE MEMBER'S TRAVEL EXPENSES FROM DEL RIO, TEXAS, TO CAMP PENDLETON, CALIFORNIA, IS BEING WITHHELD FROM THE MEMBER'S ACCRUED PAY, AND IT IS REPORTED THAT THE TRANSPORTATION REQUESTS AND MEAL TICKETS ISSUED IN CONNECTION WITH THE ORDERS OF FEBRUARY 17, 1964, WERE RETURNED UNUSED.

YOU STATE THAT PARAGRAPH 044735-1 OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT A RESERVIST ORDERED TO ACTIVE DUTY FOR TRAINING ENTERS A PAY STATUS ON THE DAY HE OFFICIALLY AND NECESSARILY COMPLIED WITH HIS ORDERS AND THAT PARAGRAPH 044250-1 OF THE MANUAL PROVIDES THAT A MEMBER WHO IS ABSENT WITHOUT AUTHORITY IS ENTITLED TO PAY FROM THE DATE HE RETURNS TO THE JURISDICTION OF THE ARMED FORCES. HOWEVER, SINCE THE MEMBER DID NOT PERFORM TRAVEL IN COMPLIANCE WITH THE ORDERS OF FEBRUARY 17, 1964, YOU EXPRESS DOUBT THAT HE SHOULD BE CONSIDERED AS ENTITLED TO PAY FROM MARCH 6, 1964, ON THE BASIS THAT HE RETURNED TO THE JURISDICTION OF THE ARMED FORCES ON THAT DATE. WITH RESPECT TO THE CHARGE ENTERED IN THE MEMBER'S PAY RECORD FOR THE COST OF HIS TRANSPORTATION, YOU POINT OUT THAT IT DENIES HIS ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES. SINCE THE MARK OF DESERTION HAS BEEN REMOVED, YOU SAY THAT IT APPEARS DOUBTFUL THAT PRIVATE MAYFIELD SHOULD BE REQUIRED TO PERFORM TRAVEL TO HIS TRAINING DUTY STATION AT HIS OWN EXPENSE.

WITH REGARD TO THE MEMBER'S ENTITLEMENT TO PAY FOR THE PERIOD FROM MARCH 6, 1964, THE ORDERS OF FEBRUARY 17, 1964, DIRECTED THAT HE REPORT FOR INVOLUNTARY ACTIVE DUTY FOR TRAINING AT CAMP PENDLETON, CALIFORNIA, EFFECTIVE MARCH 1, 1964. IF HE HAD REPORTED AS DIRECTED, HE WOULD HAVE ENTERED A PAY STATUS ON THE DATE THAT IT WOULD HAVE BEEN NECESSARY TO DEPART FROM BANDERA IN COMPLIANCE WITH HIS ORDERS. APPARENTLY, HE COULD HAVE DEPARTED ON FEBRUARY 29 AND REPORTED AS DIRECTED. HE DID NOT COMPLY WITH HIS ORDERS, HOWEVER, AND ON MARCH 6, 1964, WAS APPREHENDED AND DELIVERED TO MILITARY AUTHORITIES AT LAUGHLING AIR FORCE BASE. SINCE HE WAS ABSENT WITHOUT AUTHORITY FROM HIS ASSIGNED DUTY STATION AT THAT TIME, HE MAY BE REGARDED AS HAVING BEEN "RETURNED TO THE JURISDICTION OF THE ARMED FORCES" WITHIN THE MEANING OF PARAGRAPH 044250-1 OF THE NAVY COMPTROLLER MANUAL. ANY DELAY IN TRANSFERRING HIM TO HIS ASSIGNED STATION AFTER HE WAS PLACED UNDER MILITARY CONTROL APPEARS TO HAVE BEEN FOR THE CONVENIENCE OF THE GOVERNMENT. THEREFORE, IT IS CONCLUDED THAT HE IS ENTITLED TO PAY FROM MARCH 6, 1964, THE DAY HE WAS DELIVERED TO MILITARY AUTHORITIES.

AS TO HIS RIGHT TO TRAVEL REIMBURSEMENT, GENERALLY WHEN A MEMBER OF THE ARMED FORCES IS DIRECTED BY COMPETENT ORDERS TO TRAVEL AWAY FROM HIS POST OF DUTY, IT IS THE OBLIGATION OF THE GOVERNMENT TO FURNISH THE NECESSARY TRANSPORTATION TO ACCOMPLISH THE DIRECTED TRAVEL OR TO REIMBURSE THE MEMBER FOR THE NECESSARY EXPENSES INCURRED IN ITS PERFORMANCE. SINCE THE ORDERS OF FEBRUARY 17, 1964, DIRECTED THE MEMBER TO REPORT FROM HIS HOME AT BANDERA, TEXAS, TO CAMP PENDLETON, CALIFORNIA, AND HE REPORTED AT HIS DUTY STATION ON MARCH 14, 1964, HE WOULD BE ENTITLED TO TRANSPORTATION AND MEAL TICKETS FOR SUCH TRAVEL. SINCE TRANSPORTATION AND MEAL TICKETS WERE FURNISHED FROM DEL RIO, TEXAS, TO CAMP PENDLETON, HE IS CHARGEABLE WITH THE COST OF SUCH TRAVEL ONLY TO THE EXTENT, IF ANY, THAT IT EXCEEDED THE COST OF TRANSPORTATION AND MEAL TICKETS FOR THE TRAVEL DIRECTED BY THE ORDERS OF FEBRUARY 17, 1964. HIS ACCOUNT SHOULD BE ADJUSTED ON THAT BASIS.