B-161851, OCT. 30, 1967

B-161851, OCT. 30, 1967

MILEAGE - MILITARY PERSONNEL - DISCHARGE AND REENLISTMENT AT SEA DECISION TO NAVY DISBURSING OFFICER APPEALING NOTICE OF EXCEPTION TAKEN TO CREDIT OF MILEAGE ALLOWANCE INCIDENT TO MEMBER'S DISCHARGE AND IMMEDIATE ENLISTMENT. FOR NAVY MEMBER WHO WAS DISCHARGED AND REENLISTED ABOARD SHIP U.S.S AMERICA WHILE IT WAS IN PORT IN GENOA, ITALY, MILEAGE ALLOWANCE IS FOR CONSIDERATION UNDER M4159-5B JT. TRAVEL REGS. WHICH PERMITS ADDITIONAL MILEAGE ON BASIS OF NEAREST PORT OF EMBARKATION SERVING GENOA (NAPLES). HOWEVER, MILEAGE BASIS OF REENLISTMENT AT SEA WAS NOT PROPER.

TO LIEUTENANT (JG) R. H. LANE:

REFERENCE IS MADE TO LETTER DATED JUNE 16, 1967, FROM THE COMMANDING OFFICER, UNITED STATES ATLANTIC FLEET, NAVAL AIR FORCE, ATTACK SQUADRON SIXTY-SIX, CARE OF FLEET POST OFFICE, NEW YORK, NEW YORK, 09501, COPY ENCLOSED, WHICH, IN EFFECT, QUESTIONS THE PROPRIETY OF GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTION, CODE 0262250, DATED MARCH 6, 1967, ISSUED BY OUR DEFENSE DIVISION AGAINST A CREDIT OF MILEAGE ALLOWANCE MADE IN THE PAY ACCOUNT OF GORDON C. SHANNON, 7968272, AEC, USN, INCIDENT TO HIS DISCHARGE ON FEBRUARY 11, 1966, AND IMMEDIATE REENLISTMENT ABOARD THE U.S.S. AMERICA (CVA-66).

COPY OF NAVCOMPT FORM 512 "RECORD OF DISCHARGE, RELEASE FROM ACTIVE DUTY, OR DEATH" IN OUR FILE SHOWS THAT THE MEMBER ENLISTED AT BARBER'S POINT, HAWAII, ON APRIL 12, 1960, AND WAS HONORABLY DISCHARGED ON FEBRUARY 11, 1966, AT GENOA, ITALY, BY REASON OF EXPIRATION OF TERM OF ENLISTMENT. HIS HOME OF RECORD IS SHOWN ON THE FORM AS FORT LAUDERDALE, FLORIDA. BASED UPON HIS ELECTION TO RECEIVE MILEAGE ALLOWANCE TO THE PLACE WHERE HE WAS ACCEPTED FOR ENLISTMENT, BARBER'S POINT, HIS PAY ACCOUNT WAS CREDITED WITH THE SUM OF $179.28, REPRESENTING MILEAGE ALLOWANCE FOR THE OFFICIAL DISTANCE BETWEEN NORFOLK, VIRGINIA, HOME PORT OF THE U.S.S. AMERICA (CVA- 66), AND WILMINGTON, CALIFORNIA, PORT OF EMBARKATION FOR BARBER'S POINT.

OUR DEFENSE DIVISION TOOK EXCEPTION TO THE CREDIT MADE IN THE MEMBER'S ACCOUNT FOR THE REASON THAT A MILEAGE ALLOWANCE FOR LAND TRAVEL IN THE UNITED STATES BETWEEN THE PORTS OF DEBARKATION AND EMBARKATION IS NOT ALLOWABLE, CITING SUBPARAGRAPH M4159-5D, JOINT TRAVEL REGULATIONS. HOWEVER, ON THE BASIS THAT THE MEMBER COULD HAVE ELECTED TO RECEIVE THE MILEAGE ALLOWANCE TO HIS HOME OF RECORD, OUR DEFENSE DIVISION UNDER THE AUTHORITY OF SUBPARAGRAPH M4159-5B STATED THE EXCEPTION IN THE AMOUNT OF $121.74, REPRESENTING THE DIFFERENCE BETWEEN $179.28 AND $57.54, THE MILEAGE ALLOWANCE FOR THE OFFICIAL DISTANCE BETWEEN NEW ORLEANS, LOUISIANA, NEAREST PORT OF DEBARKATION TO JACKSONVILLE, FLORIDA (618 MILES), AND BETWEEN FORT LAUDERDALE AND JACKSONVILLE (341 MILES).

IN SUPPORT OF HIS CONTENTION THAT THE PAYMENT TO THE MEMBER WAS PROPER AND IN ACCORDANCE WITH SUBPARAGRAPH M4159-5D, JOINT TRAVEL REGULATIONS, THE COMMANDING OFFICER, ATTACK SQUADRON SIXTY-SIX, STATES THAT SUCH MEMBER WAS NOT STATIONED AT GENOA, ITALY, AT THE TIME OF HIS DISCHARGE AND REENLISTMENT SINCE THE U.S.S. AMERICA (CVA-66), THE VESSEL ON WHICH THE REENLISTMENT TOOK PLACE, WAS MERELY ANCHORED IN GENOA FOR A STANDARD SIXTH FLEET PORT VISIT DURING A NORMAL MEDITERRANEAN DEPLOYMENT.

SECTION 404 (A) OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS INCLUDING, UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, TRAVEL FROM HIS LAST DUTY STATION TO HIS HOME OR THE PLACE FROM WHICH HE WAS CALLED OR ORDERED TO ACTIVE DUTY. SUBSECTION (F) PROVIDES THAT THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED UNDER THAT SECTION MAY BE PAID ON THE MEMBER'S SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, WHETHER OR NOT HE PERFORMS THE TRAVEL INVOLVED.

PARAGRAPH M4157-1B OF THE JOINT TRAVEL REGULATIONS, WHICH WAS PROMULGATED PURSUANT TO THE ABOVE STATUTORY AUTHORITY, PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY OUTSIDE THE UNITED STATES, OR IS ENTITLED TO TRAVEL ALLOWANCES UNDER THAT PARAGRAPH TO HOME OF RECORD OR PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY WHICH IS LOCATED OUTSIDE THE UNITED STATES, WILL BE ENTITLED TO TRAVEL ALLOWANCES AS PROVIDED IN PARAGRAPH M4159. PARAGRAPH M4159-5 PROVIDES FOR THE PAYMENT OF MILEAGE TO A MEMBER UPON HIS SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY WITHOUT REGARD TO ACTUAL PERFORMANCE OF TRAVEL AND SUBPARAGRAPH M4159-5D PROVIDES, AMONG OTHER THINGS, THAT WHEN HIS LAST DUTY STATION AND THE PLACE TO WHICH HE ELECTS TO RECEIVE TRAVEL ALLOWANCES ARE LOCATED OUTSIDE THE UNITED STATES AND TRANSOCEANIC TRAVEL IS INVOLVED, NO MILEAGE ALLOWANCES ARE PAYABLE FOR ANY LAND TRAVEL BETWEEN THE PORT OF EMBARKATION SERVING THE POINT OF ORIGIN AND THE PORT OF DEBARKATION SERVING THE DESTINATION. IT FURTHER PROVIDES THAT IF THE MEMBER IS DISCHARGED AND REENLISTED ABOARD A SHIP AT SEA, A MILEAGE ALLOWANCE IS PAYABLE FROM THE HOME PORT OF THE SHIP IN THE UNITED STATES TO AN APPROPRIATE PORT OF EMBARKATION IN ACCORDANCE WITH SUBPARAGRAPH C, ITEM 1.

UNDER THE ABOVE LAW AND REGULATIONS THE MEMBER WOULD HAVE BEEN ENTITLED TO A MILEAGE ALLOWANCE FROM NORFOLK, THE HOME PORT OF THE U.S.S. AMERICA (CVA-66), TO WILMINGTON, CALIFORNIA, THE PORT OF EMBARKATION FOR TRAVEL TO BARBER'S POINT, IF HE HAD BEEN DISCHARGED AND REENLISTED AT SEA. HOWEVER, SINCE HE WAS DISCHARGED AND REENLISTED ABOARD THAT SHIP WHILE IT WAS IN PORT IN GENOA, ITALY, BUT NOT WHILE IT WAS AT SEA, THE PROVISIONS OF SUBPARAGRAPH M4159-5D WITH RESPECT TO DISCHARGE AND REENLISTMENT ABOARD A VESSEL AT SEA ARE NOT FOR APPLICATION IN HIS CASE. SEE, IN THIS CONNECTION, COMMUNICATION DATED OCTOBER 24, 1966, FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, COPY ENCLOSED, CONTAINING A DETERMINATION THAT FOR THE PURPOSES OF SUBPARAGRAPHS M4159-5B AND D, JOINT TRAVEL REGULATIONS, A SHIP IN PORT MAY NOT BE CONSIDERED AS A SHIP AT SEA AND THAT WHEN A MEMBER IS DISCHARGED ABOARD A SHIP IN PORT THE PLACE OF DISCHARGE IS THE PORT IN WHICH THE SHIP WAS LOCATED, AND A LETTER DATED MARCH 21, 1967, FROM THE OFFICE OF THE COMPTROLLER, DEPARTMENT OF THE NAVY, COPY ALSO ENCLOSED, ACCEPTING THAT DETERMINATION. ALSO, SEE 2 COMP. GEN. 612, 616 AND 16 COMP. GEN. 460. ACCORDINGLY, THE CREDIT OF $179.28 IN THE MEMBER'S ACCOUNT AS A MILEAGE ALLOWANCE INCIDENT TO HIS DISCHARGE ON FEBRUARY 11, 1966, WAS UNAUTHORIZED.

AS STATED ABOVE, OUR AUDITORS ALLOWED THE MEMBER A MILEAGE ALLOWANCE IN THE AMOUNT OF $57.54 FOR THE DISTANCE IN THE UNITED STATES TO HIS HOME OF RECORD UNDER THE AUTHORITY OF SUBPARAGRAPH M4159-5B, JOINT TRAVEL REGULATIONS. THAT SUBPARAGRAPH PROVIDES THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES AND THE PLACE TO WHICH HE ELECTS TO RECEIVE TRAVEL ALLOWANCES IS LOCATED WITHIN THE UNITED STATES, MILEAGE IS PAYABLE FOR THE OFFICIAL DISTANCE BETWEEN THE MEMBER'S LAST DUTY STATION AND THE NEAREST PORT OF EMBARKATION FROM WHICH TRANSPORTATION COULD HAVE BEEN FURNISHED TO THE UNITED STATES AND BETWEEN THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES. IT FURTHER PROVIDES THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES EAST OF 100 DEGREES WEST LONGITUDE, BUT WEST OF 100 DEGREES EAST LONGITUDE, THE APPROPRIATE UNITED STATES PORT OF DEBARKATION WILL BE THE PORT OF NEW YORK, NEW YORK; NEW ORLEANS, LOUISIANA; OR NORFOLK, VIRGINIA, WHICHEVER INVOLVES THE LESSER DISTANCE IN THE UNITED STATES.

SINCE THE MEMBER WAS DISCHARGED AT THE PORT OF GENOA AND AS THE NAVY DEPARTMENT HAS INFORMALLY REPORTED THAT THE NEAREST PORT OF EMBARKATION SERVING GENOA IS NAPLES, ITALY, IT APPEARS THAT THE MEMBER IS ENTITLED TO AN ADDITIONAL AMOUNT OF MILEAGE UNDER SUBPARAGRAPH M4159-5B, FOR THE OFFICIAL DISTANCE FROM GENOA, PLACE OF DISCHARGE, TO NAPLES. THE OFFICIAL DISTANCE (COMMON CARRIER) BETWEEN THOSE POINTS IS SHOWN ON PAGE 85 OF NAVSO P-2472 AS 454 MILES AND, THEREFORE, THE ADDITIONAL AMOUNT DUE TO THE MEMBER UNDER SUBPARAGRAPH M4159-5B IS $27.24(6 CENTS X 454 MILES).

IN VIEW OF THE ABOVE, OUR DEFENSE DIVISION WILL REDUCE THE AMOUNT STATED IN THE NOTICE OF EXCEPTION TO $94.50 ($121.74 LESS $27.24).