B-22472, JANUARY 27, 1942, 21 COMP. GEN. 710

B-22472: Jan 27, 1942

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PAY - NAVY OFFICERS - TIME IN EXCESS OF PROCEED AND TRAVEL TIME WHERE A NAVY OFFICER'S ORDERS DID NOT SPECIFY THAT ANY PART OF THE PERIOD BETWEEN DATE OF DETACHMENT FROM HIS PERMANENT STATION AND DATE OF REPORTING FOR TEMPORARY DUTY WAS TO BE COUNTED AS LEAVE NOR SPECIFY ANY AUTHORIZED PERIOD OF DELAY IN REPORTING. THE OFFICER IS ENTITLED TO PAY AND ALLOWANCES FOR THE ENTIRE PERIOD BETWEEN SAID DATES RATHER THAN ONLY FOR A PERIOD EQUAL TO THE USUAL PROCEED AND TRAVEL TIME. AS FOLLOWS: THERE IS ENCLOSED A LETTER FROM THE DISBURSING OFFICER. LYNCH WAS DETACHED FROM THE U.S.S. LYNCH WOULD HAVE BEEN DUE TO REPORT ON AUGUST 17. ON THE GROUND THAT NO DELAY IN REPORTING WAS AUTHORIZED IN HIS ORDERS.

B-22472, JANUARY 27, 1942, 21 COMP. GEN. 710

PAY - NAVY OFFICERS - TIME IN EXCESS OF PROCEED AND TRAVEL TIME WHERE A NAVY OFFICER'S ORDERS DID NOT SPECIFY THAT ANY PART OF THE PERIOD BETWEEN DATE OF DETACHMENT FROM HIS PERMANENT STATION AND DATE OF REPORTING FOR TEMPORARY DUTY WAS TO BE COUNTED AS LEAVE NOR SPECIFY ANY AUTHORIZED PERIOD OF DELAY IN REPORTING, BUT, DUE TO CONDITIONS OF THE SERVICE, DID SPECIFY A DATE OF DETACHMENT AND A DATE OF REPORTING, EMBRACING A PERIOD IN EXCESS OF THE USUAL PROCEED AND TRAVEL TIME, THE OFFICER IS ENTITLED TO PAY AND ALLOWANCES FOR THE ENTIRE PERIOD BETWEEN SAID DATES RATHER THAN ONLY FOR A PERIOD EQUAL TO THE USUAL PROCEED AND TRAVEL TIME.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JANUARY 27, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 9, 1941 (WITH ENCLOSURES), AS FOLLOWS:

THERE IS ENCLOSED A LETTER FROM THE DISBURSING OFFICER, NAVY YARD, PORTSMOUTH, N.H., DATED OCTOBER 17, 1941, WITH ACCOMPANYING CORRESPONDENCE, RELATIVE TO THE RIGHT OF LIEUTENANT (J.G.) RICHARD B. LYNCH, U.S. NAVY, TO PAY FOR THE PERIOD AUGUST 17-21, 1941, UNDER BUREAU OF NAVIGATION ORDERS OF AUGUST 1, 1941.

IT APPEARS THAT BUREAU OF NAVIGATION ORDERS OF AUGUST 1, 1941, A COPY ENCLOSED, DIRECTED LIEUTENANT (J.G.) LYNCH TO PROCEED TO BRUNSWICK, MAINE, AND REPORT ON AUGUST 22, 1941, OR AS SOON THEREAFTER AS PRACTICABLE, TO THE OFFICER IN CHARGE, NAVAL TRAINING SCHOOL ( RADIO), BOWDOIN COLLEGE, FOR TEMPORARY DUTY FOR A SPECIAL COURSE OF INSTRUCTION IN RADIO ENGINEERING. ENDORSEMENTS ON HIS ORDERS SHOW THAT LIEUTENANT (J.G.) LYNCH WAS DETACHED FROM THE U.S.S. SKIPJACK AT MARE ISLAND, CALIFORNIA, ON AUGUST 8, 1941, AND REPORTED AT BRUNSWICK, MAINE, ON AUGUST 22, 1941.

ALLOWING FOUR DAYS' PROCEED AND FIVE DAYS' TRAVEL TIME, LIEUTENANT (J.G.) LYNCH WOULD HAVE BEEN DUE TO REPORT ON AUGUST 17, 1941, ANY ADDITIONAL DELAY TO COUNT AS LEAVE, BUT HIS ORDERS FIXED A DEFINITE DATE FOR REPORTING AND ENDORSEMENTS APPEARING THEREON SHOW COMPLIANCE THEREWITH. HOWEVER, THE DISBURSING OFFICER CHECKED THE PAY AND ALLOWANCES OF LIEUTENANT (J.G.) LYNCH FOR THE PERIOD AUGUST 17-21, 1941, ON THE GROUND THAT NO DELAY IN REPORTING WAS AUTHORIZED IN HIS ORDERS.

IN LETTER DATED OCTOBER 13, 1941, COPY ENCLOSED, THE BUREAU OF NAVIGATION INFORMED LIEUTENANT (J.G.) LYNCH THAT SINCE HIS DESPATCH ORDERS OF AUGUST 1, 1041, DIRECTED HIM TO REPORT AT BRUNSWICK, MAINE, ON AUGUST 22, 1941, HE WAS CONSIDERED TO BE IN A TRAVEL STATUS DURING THE PERIOD AUGUST 8, 1941, TO AUGUST 22, 1941,"AND NO LEAVE WAS INVOLVED.'

IN A SOMEWHAT SIMILAR CASE THE COMPTROLLER OF THE TREASURY IN DECISION DATED FEBRUARY 14, 1912 (VOLUME 5, BUREAU OF SUPPLIES AND ACCOUNTS MEMORANDA (OLD SERIES) PAGE 1993) STATED THAT THERE "IS NOTHING IN THE ORDERS * * * TO SHOW ANY INTENTION TO PLACE COMMANDER MAGRUDER ON LEAVE, AND THAT VIEW IS CONCURRED IN BY THE NAVY DEPARTMENT. THE OFFICER WAS ORDERED TO TAKE PASSAGE ON A TRANSPORT SAILING FROM SAN FRANCISCO ON OR ABOUT A CERTAIN DATE AND HE FULLY COMPLIED WITH THE ORDER.' IT WAS ACCORDINGLY CONCLUDED THAT THE OFFICER IN THIS CASE "WAS NOT IN A LEAVE STATUS" AND WAS ENTITLED TO PAY FOR THE ENTIRE PERIOD INVOLVED. THE QUESTION, THEREFORE, ARISES AS TO THE APPLICATION OF THIS DECISION TO THE PRESENT CASE.

IN VIEW OF THE STATEMENT OF THE BUREAU OF NAVIGATION THAT LIEUTENANT (J.G.) LYNCH WAS CONSIDERED TO BE A IN TRAVEL STATUS FOR THE ENTIRE PERIOD AUGUST 8, 1941, TO AUGUST 22, 1941, AND THAT NO LEAVE WAS INVOLVED, AND OF THE DECISION OF THE COMPTROLLER OF THE TREASURY OF FEBRUARY 14, 1912 (60 MS. COMP. DEC. 706), SUPRA, YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT LIEUTENANT (J.G.) LYNCH IS ENTITLED TO PAY AND ALLOWANCES FOR THE PERIOD AUGUST 17-21, 1941, UNDER THE CONDITIONS DISCLOSED IN THIS CASE.

BUREAU OF NAVIGATION DISPATCH OF AUGUST 1, 1941, TO THE COMMANDING OFFICER OF THE U.S.S. SKIPJACK IS AS FOLLOWS:

LTJG RICHARD B. LYNCH PROCEED BRUNSWICK, MAINE REPORT AUG TWENTY TWO OR AS SOON THEREAFTER AS PRACTICABLE OINC NAVRESRADSCHOL, BOWDOIN COLLEGE, TEMPORARY DUTY SPECIAL COURSE INSTRUCTION IN RADIO ENGINEERING X WHEN DIRECTED BY OINC ABOUT OCT THIRTY ONE PROCEED WASHINGTON, DC X REPORT DIRECTOR NAVRESLAB, ANACOSTIA STATION X SIMILAR TEMPORARY DUTY X COMPLETION AND WHEN DIRECTED BY DIRECTOR RETURN. THIS DISPATCH WAS CONFIRMED BY BUREAU OF NAVIGATION LETTER OF AUGUST 14, 1941, ADDRESSED TO LIEUTENANT (J.G.) LYNCH, AS FOLLOWS:

1. YOU WILL PROCEED TO BRUNSWICK, MAINE, AND REPORT ON AUGUST 22, 1941, OR AS SOON THEREAFTER AS PRACTICABLE, TO THE OFFICER IN CHARGE, NAVAL TRAINING SCHOOL ( RADIO), BOWDOIN COLLEGE, FOR TEMPORARY DUTY FOR A SPECIAL COURSE OF INSTRUCTION IN RADIO ENGINEERING.

2. WHEN DIRECTED BY THE OFFICER IN CHARGE, NAVAL TRAINING SCHOOL ( RADIO), ON OR ABOUT OCTOBER 31, 1941, YOU WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE DIRECTOR, NAVAL RESEARCH LABORATORY, YOU WILL RETURN AND RESUME YOUR REGULAR DUTIES ON BOARD THE U.S.S. SKIPJACK.

INDORSEMENTS ON THE OFFICER'S ORDERS SHOW THAT HE RECEIVED THE DISPATCH ORDERS ON AUGUST 4, 941; WAS DETACHED FROM THE U.S.S. SKIPJACK AT MARE ISLAND, CALIF., ON AUGUST 8, 1941; LEFT MARE ISLAND, CALIF., AUGUST 8, 1941; ARRIVED AT OAKLAND, CALIF., AUGUST 8, 1941; LEFT OAKLAND, CALIF., AUGUST 9, 1941; ARRIVED AT PORTLAND, MAINE, AUGUST 22, 1941; LEFT PORTLAND, MAINE, AUGUST 22, 1941; ARRIVED AT BRUNSWICK, MAINE, AUGUST 22, 1941; AND REPORTED AT THE NAVAL TRAINING SCHOOL ( RADIO) AT BOWDOIN COLLEGE, BRUNSWICK, MAINE, AUGUST 22, 1941.

IN AN INDORSEMENT OF NOVEMBER 7, 1941, THE CHIEF OF THE BUREAU OF NAVIGATION HAS STATED AS FOLLOWS:

(C) LIEUTENANT LYNCH AT THE TIME OF RECEIVING HIS DESPATCH ORDERS WAS ATTACHED TO THE U.S.S. SKIPJACK AT THAT TIME AT THE NAVY YARD, MARE ISLAND, CALIFORNIA. THE MOVEMENTS OF THE VESSEL NECESSITATED DETACHMENT ON THE EIGHTH OF AUGUST. THE BUREAU OF NAVIGATION ANTICIPATED THAT THE MOVEMENTS OF THE SHIP MIGHT INTERFERE WITH HIS REPORTING AND WORDED HIS ORDERS "REPORT ON 22 AUGUST," THE DATE THE COURSE OF INSTRUCTION STARTED, OR "AS SOON THEREAFTER AS PRACTICABLE.'

3. NAVY REGULATIONS--- ARTICLE 132--- STATE: "AN ORDER FROM COMPETENT AUTHORITY TO AN OFFICER OF THE NAVY OR MARINE CORPS REQUIRING HIM TO PROCEED TO ANY POINT, OR TO REPORT FOR DUTY AT A PLACE NOT INVOLVING TRAVEL, BUT FIXING NO DATE AND NOT EXPRESSING HASTE, SHALL BE OBEYED BY REPORTING WITHIN FOUR DAYS, EXCLUSIVE OF TRAVEL TIME, AFTER ITS RECEIPT.' ( ITALICS OURS.) IT IS THE OPINION OF THE BUREAU OF NAVIGATION THAT THE ABOVE PROVISION ALLOWS AN OFFICER TO PROCEED AT HIS OWN CONVENIENCE WHEN A DEFINITE DATE FOR REPORTING IS SPECIFIED AND THE PROVISION ALLOWING 4 DAYS PROCEED TIME IS ONLY APPLICABLE WHERE NO DEFINITE TIME FOR REPORTING IS SPECIFIED.

4. BUREAU OF SUPPLIES AND ACCOUNTS MEMO NO. 132, PAGE 1993, IN A DECISION OF THE COMPTROLLER OF THE TREASURY, DATED FEBRUARY 14, 1912, HOLDS THAT WHERE AN OFFICER IS DETACHED FROM DUTY AND ORDERED TO TAKE PASSAGE ON A SPECIFIED DATE FOR DUTY BEYOND THE SEAS, HE IS ENTITLED TO SHORE DUTY PAY DURING THE INTERIM.

5. THE DECISION SAYS IN PART: "THERE IS NOTHING IN THE ORDERS TO SHOW ANY INTENTION TO PLACE COMMANDER MAGRUDER ON LEAVE AND THAT VIEW IS CONCURRED IN BY THE NAVY DEPARTMENT. THE OFFICER WAS ORDERED TO TAKE PASSAGE ON A TRANSPORT SAILING FROM SAN FRANCISCO ON OR ABOUT A CERTAIN DATE AND HE FULLY COMPLIED WITH THE ORDER.' IN THIS CASE COMMANDER MAGRUDER DEPARTED FROM NEWPORT, R.I., SEPTEMBER 30 AND REPORTED IN SAN FRANCISCO ON THE SIXTH OF NOVEMBER.

6. THE BUREAU HAS WRITTEN ITS ORDER WITH REFERENCES (A) AND (B) ( ARTICLE 132, NAVY REGULATIONS, AND DECISION OF THE COMPTROLLER OF THE TREASURY DATED FEBRUARY 14, 1912) IN MIND AND RECOMMENDS THAT THE CHECK AGE OF PAY FOR THE PERIOD AUGUST 17 TO 21, 1941, BE WITHDRAWN.

PARAGRAPH 1, ARTICLE C-4003, AND ARTICLE C-4004, BUREAU OF NAVIGATION MANUAL, ARE AS FOLLOWS:

(1) ANY AUTHORIZED DELAY IN AN OFFICER'S REPORTING FROM ONE STATION TO A NEW ONE IS COUNTED AS LEAVE, EXCEPT FOR THE TIME ALLOWED BY ARTICLE 132, NAVY REGULATIONS.

C-4004. DELAY IN TRAVEL--- TEMPORARY DUTY ORDERS.--- ( C.B.N.M. 6.)

(1) WHEN AN OFFICER IS ORDERED TO PROCEED TO A STATION FOR TEMPORARY DUTY AND UPON COMPLETION TO RETURN AND RESUME HIS REGULAR DUTIES OR TO PROCEED TO SOME OTHER STATION, HE IS ALLOWED 4 DAYS, EXCLUSIVELY OF TRAVEL TIME, IN WHICH TO REPORT TO THE STATION FOR TEMPORARY DUTY, BUT UPON COMPLETION OF THE TEMPORARY DUTY NO DELAY IN COMMENCING THE RETURN TRAVEL OR TRAVEL TO THE NEXT STATION IS AUTHORIZED.

(2) SPECIAL ATTENTION IS CALLED TO THE FACT THAT, IN ORDERS DIRECTING TRAVEL TO MORE THAN ONE TEMPORARY-DUTY STATION, NO DELAY IS AUTHORIZED IN PROCEEDING FROM THE FIRST TEMPORARY-DUTY STATION TO THE NEXT, NOR FROM ANY TEMPORARY-DUTY STATION TO THE PERMANENT/DUTY STATION, EVEN THOUGH THE OFFICER'S ORDERS CONTAIN THE WORD "PROCEED," AS IN THE CUSTOMARY WORDING, IN ORDERING HIM FROM ONE TEMPORARY-DUTY STATION TO ANOTHER OR FROM ANY TEMPORARY-DUTY STATION TO HIS PLACE OF PERMANENT DUTY.

(3) ATTENTION IS ALSO CALLED TO ARTICLE 132, NAVY REGULATIONS, WHICH COVERS THIS MATTER.

PARAGRAPH 8 (F), ARTICLE 2140, AND PARAGRAPH 19 (A) (1), ARTICLE 2142, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, ARE, RESPECTIVELY, AS FOLLOWS:

DELAY IN TRAVEL IN EXCESS OF TIME AUTHORIZED, NOT EXCUSED AS UNAVOIDABLE, PLACES THE PERSON IN THE STATUS OF ABSENCE WITHOUT LEAVE.

OFFICERS PROCEEDING TO AND FROM THEIR STATIONS UNDER ORDERS ARE ENTITLED TO PAY AS ON DUTY FOR PROCEED TIME AND TRAVEL TIME NOT IN EXCESS OF TIME REQUIRED OVER SHORTEST USUALLY TRAVELED ROUTE. IT IS IMMATERIAL WHERE THE PROCEED TIME IS SPENT. ALLOWED TIME IN EXCESS WILL BE CHARGED AS LEAVE. (SEE ART. 2152-2 (K).) FOR DELAY IN TRAVEL NOT ALLOWED UNDER ORDERS OR EXCUSED AS UNAVOIDABLE, SEE ART. 2140-8 (F). THE QUESTION WHETHER DELAY IN REPORTING UNDER ORDERS WAS OR WAS NOT AUTHORIZED IS A MATTER FOR ADMINISTRATIVE DETERMINATION BY THE BUREAU OF NAVIGATION FROM THE ORDERS ISSUED AND ALL FACTS CONNECTED THEREWITH. ( OP. J.A.G. 100/L16-4 (4) (34123) K, JANUARY 18, 1935.)

ARTICLE 132 OF THE UNITED STATES NAVY REGULATIONS IS AS FOLLOWS:

AN ORDER FROM COMPETENT AUTHORITY TO AN OFFICER OF THE NAVY OR MARINE CORPS REQUIRING HIM TO PROCEED TO ANY POINT, OR TO REPORT FOR DUTY AT A PLACE NOT INVOLVING TRAVEL, BUT FIXING NO DATE AND NOT EXPRESSING HASTE, SHALL BE OBEYED BY REPORTING WITHIN FOUR DAYS, EXCLUSIVE OF TRAVEL TIME, AFTER ITS RECEIPT. IF THE ORDER READ "WITHOUT DELAY," HE SHALL REPORT WITHIN 48 HOURS, EXCLUSIVE OF TRAVEL TIME, AFTER ITS RECEIPT; IF "IMMEDIATELY," WITHIN 12 HOURS, EXCLUSIVE OF TRAVEL TIME, AFTER ITS RECEIPT; AND ALL OFFICERS SHALL INDORSE ON THEIR ORDERS THE DATE AND HOUR OF THEIR RECEIPT. THE FOREGOING ALLOWANCES OF TIME DO NOT APPLY TO ANY PROVISIONS OF AN OFFICER'S ORDERS REQUIRING HIM, AFTER PERFORMING THE DUTY SPECIFIED, TO RETURN TO HIS REGULAR STATION OR TO PROCEED ON FURTHER DUTY. ANY DELAY IN CARRYING OUT ORDERS WHICH MAY BE GRANTED TO AN OFFICER OF THE NAVY OR MARINE CORPS BY COMPETENT AUTHORITY WILL BE ADDITIONAL TO THE TIME ALLOWED ABOVE.

THE PURPOSE OF THE ABOVE-QUOTED PROVISIONS IS TO DISCOURAGE NAVAL PERSONNEL FROM TAKING UNREASONABLE PERIODS OF TIME IN REPORTING TO NEW TEMPORARY OR PERMANENT STATIONS. THEIR PURPOSE IS NOT TO PENALIZE OFFICERS FOR BONA FIDE INVOLUNTARY DELAYS NECESSITATED BY THE REQUIREMENTS OF THE SERVICE. WHERE AN OFFICER IS NOT GRANTED LEAVE, THE GOVERNMENT IS ENTITLED TO THE BENEFIT OF HIS SERVICES AT HIS OLD STATION UP TO THE TIME IT IS NECESSARY TO DETACH HIM IN ORDER THAT HE MAY COMPLY WITH ORDERS TO TRAVEL TO ANOTHER STATION FOR DUTY--- ALLOWING A REASONABLE TIME FOR PREPARATION AND TRAVEL AS FIXED BY THE REGULATIONS. THE COURSE OF INSTRUCTION WHICH LIEUTENANT LYNCH WAS ORDERED TO ATTEND DID NOT START UNTIL AUGUST 22, 1941, AND HIS ORDERS DID NOT REQUIRE HIM TO REPORT AT THE SCHOOL BEFORE THAT DATE. IN THE INDORSEMENT OF THE CHIEF OF THE BUREAU OF NAVIGATION QUOTED ABOVE, IT IS STATED THAT "THE MOVEMENTS OF THE VESSEL NECESSITATED DETACHMENT ON THE 8TH OF AUGUST.' THUS, THE OFFICER'S DETACHMENT FROM THE U.S.S. SKIPJACK ON AUGUST 8, 1941, APPARENTLY WAS NECESSARY IN ORDER THAT HE BE IN A POSITION TO COMPLY WITH HIS ORDERS TO REPORT AT BOWDOIN COLLEGE ON AUGUST 22, 1941.

SINCE THE OFFICER COMPLIED WITH HIS ORDERS, WHICH DID NOT SPECIFY ANY AUTHORIZED PERIOD OF DELAY IN REPORTING TO HIS TEMPORARY DUTY STATION, AND DID NOT SPECIFY THAT ANY PART OF THE PERIOD BETWEEN THE DATE OF DETACHMENT FROM THE VESSEL AND THE DATE OF REPORTING FOR TEMPORARY DUTY WAS TO BE COUNTED AS LEAVE, AND SINCE IT APPEARS THE PERIOD OF DELAY IN EXCESS OF THE USUAL PROCEED TIME AND TRAVEL TIME RESULTED FROM CONDITIONS OF THE SERVICE OVER WHICH THE OFFICER HAD NO CONTROL, HE IS ENTITLED TO HIS REGULAR PAY AND ALLOWANCES FOR THE ENTIRE PERIOD FROM AUGUST 8, 1941, TO AUGUST 22, 1941, LESS THE AMOUNT ALREADY PAID FOR SUCH PERIOD.