B-160105, NOV. 4, 1966

B-160105, NOV. 4, 1966

TO FRANK J. MCLAUGHLIN, BMBCA, USNR-R:

REFERENCE IS MADE TO YOUR CLAIM DATED MAY 21, 1966, FOR PAY AND ALLOWANCES FOR MARCH 13, 1954, INCIDENT TO ACTIVE DUTY FOR TRAINING UNDER ORDERS DATED FEBRUARY 17, 1954, WHICH WAS TRANSMITTED TO OUR OFFICE FOR SETTLEMENT BY THE UNITED STATES NAVY FINANCE CENTER, WASHINGTON, D.C., JULY 15, 1966. INASMUCH AS A CLAIM COVERING THAT DAY HAD BEEN DISALLOWED IN OUR SETTLEMENT DATED APRIL 20, 1960, YOUR CLAIM WILL BE CONSIDERED TO BE IN THE NATURE OF A REQUEST FOR RECONSIDERATION OF THE ACTION TAKEN IN OUR SETTLEMENT.

BY ORDERS OF THE COMMANDANT, FORTH NAVAL DISTRICT, DATED FEBRUARY 17, 1954, YOU WERE DIRECTED TO PROCEED FROM CHESTER, PENNSYLVANIA, TO REPORT TO THE COMMANDING OFFICER U.S. NAVAL RECEIVING STATION (RESERVE PROCESSING UNIT), U.S. NAVAL BASE, NORFOLK, VIRGINIA, PRIOR TO 1600, MARCH 14, 1954, FOR FURTHER TRANSFER TO THE U.S.S. CONWAY (DDE 507) FOR 14 DAYS' ACTIVE DUTY TRAINING. THE ORDERS PROVIDED THAT YOU WOULD BE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE SPECIFIED NUMBER OF DAYS OF ACTIVE DUTY FOR TRAINING PLUS THE TIME NECESSARY TO PERFORM TRAVEL BY THE MODE OF TRANSPORTATION EMPLOYED OR FOR CONSTRUCTIVE TRAVEL OVER THE OFFICIAL ROUTE, WHICHEVER IS LESS. THEY PROVIDED FURTHER THAT YOU WERE AUTHORIZED TO TRAVEL AT YOUR OWN EXPENSE UNLESS GOVERNMENT TRANSPORTATION REQUESTS WERE FURNISHED OR THE USE OF GOVERNMENT TRANSPORTATION WAS DIRECTED.

IT APPEARS THAT TRANSPORTATION REQUESTS WERE FURNISHED AND USED FOR YOUR TRAVEL TO AND FROM NORFOLK, VIRGINIA. AS USED THEY PROVIDED FOR TRAVEL BY TRAIN FROM CHESTER, PENNSYLVANIA, TO BALTIMORE, MARYLAND, AND BY STEAMER FROM BALTIMORE TO NORFOLK.

THE RECORD SHOWS THAT YOU WERE PAID PAY AND ALLOWANCES FOR THE PERIOD FROM MARCH 14 TO 26, 1954. IN YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE DAYS OF MARCH 13 AND 27, 1954, YOU FURNISHED AN ITINERARY WHICH SHOWED YOU DEPARTED CHESTER, PENNSYLVANIA, ON MARCH 13, 1954, AND ARRIVED AT NORFOLK, VIRGINIA, AT 6:30 A.M., MARCH 14, 1954, REPORTING ON BOARD YOUR VESSEL AT 1:15 P.M. ON THAT DAY. IT SHOWS FURTHER THAT ON YOUR TRAVEL HOME YOU DEPARTED NORFOLK AT 6:30 P.M. ON MARCH 27, 1954, AND ARRIVED IN CHESTER, PENNSYLVANIA, ON MARCH 28, 1954.

OUR SETTLEMENT DATED APRIL 20, 1960, ALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR MARCH 27, 1954, SINCE IT WAS EVIDENT THAT COMPLIANCE WITH YOUR ORDERS REQUIRED THE PERFORMANCE OF TRAVEL ON THAT DAY. HOWEVER, YOUR CLAIM FOR MARCH 13, 1954, WAS DISALLOWED FOR THE REASON THAT TRAVEL REQUIRED TO ENABLE YOU TO REPORT FOR YOUR DUTY ASSIGNMENT AT NORFOLK UNDER YOUR ORDERS COULD HAVE BEEN PERFORMED ON MARCH 14.

IN YOUR PRESENT CLAIM YOU ALLEGE THAT THE MODE OF TRAVEL USED BY YOU WAS DIRECTED IN THE ORDERS BY THE FURNISHING OF THE TRANSPORTATION REQUESTS. YOU STATE THAT IN USING THE REQUESTS YOU HAD TO LEAVE CHESTER,PENNSYLVANIA, ON MARCH 13, 1954, IN ORDER TO BOARD THE STEAMER IN BALTIMORE AT :30 P.M. ON THAT DAY SO AS TO ARRIVE IN NORFOLK THE NEXT DAY. YOU THEREFORE CLAIM PAY AND ALLOWANCES FOR MARCH 13, ON THE BASIS THAT YOU EXPLICITLY CARRIED OUT OFFICIAL ORDERS.

PARAGRAPH 044735-1A, NAVY COMPTROLLER MANUAL IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES IN PERTINENT PART THAT A MEMBER OF THE NAVAL RESERVE ON TRAINING DUTY WITH PAY IS ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD OF TRAINING DUTY PLUS THE TIME REQUIRED TO TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACE FROM WHICH ORDERED TO DUTY TO THE PLACE OF REPORTING FOR THE DUTY, AND THAT SUCH PAY AND ALLOWANCES COMMENCE WITH THE DATE ON WHICH THE MEMBER WOULD BE REQUIRED TO LEAVE THE PLACE FROM WHICH ORDERED TO TRAINING DUTY IN ORDER TO REACH BY THE SHORTEST USUALLY TRAVELED ROUTE THE PLACE OF TRAINING DUTY. IT FURTHER DEFINES THE SHORTEST USUALLY TRAVELED ROUTE FOR PURPOSES OF DETERMINING ENTITLEMENT TO ACTIVE DUTY PAY AND ALLOWANCES FOR PERIODS OF SUCH TRAVEL AS "THE ROUTE BY COMMON CARRIER WHICH REQUIRES THE LEAST TIME AND IS GENERALLY USED BY THE PUBLIC," AND PROVIDES THAT "SUCH ROUTE MAY REQUIRE THE COMMENCEMENT OF TRAVEL BETWEEN THE HOURS OF 2400 AND 0600.'

THUS, REGARDLESS OF THE REASON TRANSPORTATION WAS PROCURED FOR YOU BY OTHER THAN THE ROUTE REQUIRING THE LEAST TRAVEL TIME, THE CONTROLLING REGULATIONS CLEARLY LIMIT PAY FOR ACTIVE DUTY FOR TRAINING TO THE PERIOD OF TRAINING DUTY PLUS THE TIME REQUIRED FOR TRAVEL NOT TO EXCEED THE CONSTRUCTIVE TIME FOR TRAVEL BY THE SHORTEST USUALLY TRAVELED ROUTE. THEREFORE, SINCE YOU COULD HAVE TRAVELED BY TRAIN FROM CHESTER, PENNSYLVANIA, TO NORFOLK, VIRGINIA, DEPARTING AT 2:47 A.M., MARCH 14, 1954, AND ARRIVING IN NORFOLK AT 10:55 A.M. OF THE SAME DAY, THERE IS NO ENTITLEMENT TO ACTIVE DUTY PAY FOR TRAINING FOR ANY PERIOD PRIOR TO MARCH 14, 1954.

ACCORDINGLY, THE SETTLEMENT OF APRIL 20, 1960, WAS CORRECT AND IS SUSTAINED.