B-40663, JULY 8, 1944, 24 COMP. GEN. 18

B-40663: Jul 8, 1944

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MONEY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND - NAVY ENLISTED MEN WHERE A NAVY ENLISTED MAN TRAVELING UNDER ORDERS IS PERMITTED TO PERFORM PART OF THE TRAVEL AT HIS OWN EXPENSE AND IS FURNISHED COMMERCIAL TRANSPORTATION IN KIND FOR THE REMAINING PORTION. 1945) IS PAYABLE ONLY FOR THE OFFICIAL DISTANCE OVER THE DIRECT ROUTE LESS THE DISTANCE FOR WHICH COMMERCIAL TRANSPORTATION IN KIND ACTUALLY WAS FURNISHED. WHETHER SUCH TRANSPORTATION IN KIND WAS FURNISHED OVER THE DIRECT ROUTE OR OVER A CIRCUITOUS ROUTE. PRIOR CONFLICTING DECISIONS NO LONGER WILL BE FOLLOWED. A NAVY ENLISTED MAN IS FURNISHED TRANSPORTATION FACILITIES TO THE POINT TO WHICH DIRECTED TO PROCEED. NO RIGHT ACCRUES TO THE MONEY ALLOWANCE AUTHORIZED BY LAW TO BE PAID TO ENLISTED MEN WHO ARE PERMITTED TO TRAVEL AT THEIR OWN EXPENSE.

B-40663, JULY 8, 1944, 24 COMP. GEN. 18

MONEY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND - NAVY ENLISTED MEN WHERE A NAVY ENLISTED MAN TRAVELING UNDER ORDERS IS PERMITTED TO PERFORM PART OF THE TRAVEL AT HIS OWN EXPENSE AND IS FURNISHED COMMERCIAL TRANSPORTATION IN KIND FOR THE REMAINING PORTION, THE MONEY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY LAW (SUCH AS THE NAVAL APPROPRIATION ACT, 1945) IS PAYABLE ONLY FOR THE OFFICIAL DISTANCE OVER THE DIRECT ROUTE LESS THE DISTANCE FOR WHICH COMMERCIAL TRANSPORTATION IN KIND ACTUALLY WAS FURNISHED, WHETHER SUCH TRANSPORTATION IN KIND WAS FURNISHED OVER THE DIRECT ROUTE OR OVER A CIRCUITOUS ROUTE. PRIOR CONFLICTING DECISIONS NO LONGER WILL BE FOLLOWED. WHERE, UNDER ORDERS CONTAINING NO AUTHORITY FOR TRAVEL AT PERSONAL EXPENSE, A NAVY ENLISTED MAN IS FURNISHED TRANSPORTATION FACILITIES TO THE POINT TO WHICH DIRECTED TO PROCEED, BUT HE ELECTS FOR HIS OWN PURPOSES TO TRAVEL AT HIS OWN EXPENSE WITHOUT USING THE TRANSPORTATION FURNISHED, NO RIGHT ACCRUES TO THE MONEY ALLOWANCE AUTHORIZED BY LAW TO BE PAID TO ENLISTED MEN WHO ARE PERMITTED TO TRAVEL AT THEIR OWN EXPENSE, IN THE ABSENCE OF APPROPRIATE ADMINISTRATIVE REGULATIONS OR INSTRUCTIONS AUTHORIZING SUCH SUBSTITUTION OF TRAVEL AT PERSONAL EXPENSE FOR TRANSPORTATION FURNISHED. A NAVY ENLISTED MAN EN ROUTE TO A NEW STATION UNDER ORDERS DOES NOT, BY REASON OF APPREHENSION AS A STRAGGLER AFTER THE DATE SPECIFIED IN HIS ORDERS FOR REPORTING TO HIS NEW STATION, FORFEIT HIS RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE; NOR IS HE REQUIRED TO COMPLETE THE ORDERED TRAVEL AT HIS OWN EXPENSE. 23 COMP. GEN. 951, AMPLIFIED. A NAVY ENLISTED MAN WHO WAS ORDERED TO MAKE A CHANGE OF STATION UNDER ORDERS PROVIDING FOR PAYMENT OF A MONEY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND, AND WHO, UPON APPREHENSION AS A STRAGGLER AFTER THE DATE SPECIFIED FOR REPORTING TO THE NEW STATION, WAS FURNISHED TRANSPORTATION TO THE NEW STATION FROM THE PLACE OF APPREHENSION--- THE COST OF SUCH TRANSPORTATION BEING CHECKED AGAINST HIS PAY--- IS ENTITLED TO THE MONEY ALLOWANCE FOR THE OFFICIAL DISTANCE FROM THE OLD TO THE NEW STATION LESS THE DISTANCE FOR WHICH TRANSPORTATION WAS FURNISHED, AND TO REPAYMENT OF THE AMOUNT CHECKED AGAINST HIS PAY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JULY 8, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 6, 1944, FORWARDING A LETTER OF THE CHIEF OF NAVAL PERSONNEL DATED JANUARY 11, 1944, TOGETHER WITH VOUCHERS COVERING CLAIMS FOR TRAVEL ALLOWANCE (MONEY ALLOWANCE IN LIEU OF TRANSPORTATION) IN THE CASES OF KENNETH LEWIS PARKER, S2C, USN, AND LLOYD RAYMOND HAUKEDAHL, COX., USN. YOU REQUEST A DECISION ON QUESTIONS STATED IN YOUR LETTER AS FOLLOWS:

(A) WHETHER OR NOT, AS A GENERAL RULE, THE PRINCIPLES SET FORTH IN THE ASSISTANT COMPTROLLER GENERAL'S DECISION OF JANUARY 23, 1941, B 14279, WHICH CONSTRUED THE AMENDATORY ACT OF MAY 29, 1938 (45 STAT. 975), MAY BE APPLIED TO TRAVEL PERFORMED UNDER SIMILAR CONDITIONS UNDER THE LANGUAGE CONTAINED IN THE LAST PROVISO OF THE APPROPRIATION FOR " PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL" FOR THE CURRENT FISCAL YEAR ( PUBLIC LAW 92--- 78TH CONGRESS, PAGE 9/?

(B) WHETHER, IN THE SPECIFIC CASE OF PARKER, 3 CENTS PER MILE IS PAYABLE FROM STARTING POINT TO DESTINATION LESS THE COST OF TRANSPORTATION FURNISHED AND ACTUALLY USED, OR WHETHER THE AMOUNT PAYABLE UNDER THIS CLAIM SHOULD BE PAID ON THE BASIS OF 3 CENTS PER MILE FOR THE DISTANCE ACTUALLY TRAVELED AT CLAIMANT'S OWN EXPENSE?

(C) WHETHER, IN THE SPECIFIC CASE OF HAUKEDAHL, 3 CENTS PER MILE IS PAYABLE FOR THE ENTIRE DISTANCE FROM STARTING POINT TO DESTINATION SINCE THE COST OF TRANSPORTATION FURNISHED CLAIMANT FROM GREAT LAKES, ILLINOIS, TO MIAMI, FLORIDA, WAS SUBSEQUENTLY CHECKED AGAINST HIS ACCOUNTS?

(D) IF IT IS HELD THAT THE PRINCIPLES SET FORTH IN THE ASSISTANT COMPTROLLER GENERAL'S DECISION OF JANUARY 23, 1941, B-14279, MAY NOT BE APPLIED TO TRAVEL PERFORMED UNDER THE LAST PROVISO OF THE APPROPRIATION FOR " PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL" FOR THE CURRENT FISCAL YEAR, YOUR FURTHER DECISION IS REQUESTED AS TO THE PROPER BASIS FOR SETTLEMENT OF THE ENCLOSED CLAIMS OF PARKER AND HAUKEDAHL?

THE NAVAL APPROPRIATION ACT, 1944, APPROVED JUNE 26, 1943, 57 STAT. 197, 204, CONTAINS A PROVISO UNDER THE HEADING " PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY," AS FOLLOWS:

* * * THAT FUNDS APPROPRIATED UNDER THE HEADS OF " PAY, SUBSISTENCE, AND TRANSPORTATION," " GENERAL EXPENSES, MARINE CORPS," " PAY AND ALLOWANCES, COAST GUARD," IN THIS ACT SHALL BE AVAILABLE FOR THE PAYMENT OF MONEY ALLOWANCES, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, AT 3 CENTS PER MILE TO ENLISTED MEN REGARDLESS OF THE MODE OF TRAVEL WHO, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY, TRAVEL AT THEIR OWN EXPENSE. A LIKE PROVISION IS CONTAINED IN THE NAVAL APPROPRIATION ACT, 1945, PUBLIC LAW 347, APPROVED JUNE 22, 1944, 58 STAT. 309.

PARAGRAPH 4, SECTION 12, OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, REENACTED A PROVISION CONTAINED IN THE ACT OF MAY 29, 1928, 45 STAT. 975, AUTHORIZING PAYMENT TO PERSONNEL OF THE ARMED FORCES OF A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE, IN LIEU OF TRANSPORTATION AUTHORIZED BY LAW TO BE FURNISHED IN KIND, FOR TRAVEL PERFORMED BY "PRIVATELY OWNED CONVEYANCE," PURSUANT TO REGULATIONS. THE SAID PROVISOS IN THE CURRENT NAVAL APPROPRIATION ACTS EXTEND THE PROVISION FOR PAYMENT OF THE MONEY ALLOWANCE OF 3 CENTS A MILE TO COVER TRAVEL BY ENLISTED MEN AT THEIR OWN EXPENSE,"REGARDLESS OF MODE OF TRAVEL," UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY.

IN THE DECISION OF JANUARY 23, 1941, B-14279, CITED IN YOUR LETTER, THERE WAS CONSIDERED THE MATTER OF ADJUSTMENTS TO BE MADE WHERE TRAVEL WAS PERFORMED UNDER ORDERS PARTLY BY PRIVATELY OWNED AUTOMOBILE AT THE TRAVELER'S OWN EXPENSE AND PARTLY BY TRAIN ON GOVERNMENT TRANSPORTATION REQUESTS. IT WAS STATED IN THAT DECISION, IN PART:

IN ANY CASE WHERE THE TRAVEL BY PRIVATELY-OWNED AUTOMOBILE AND COMMON CARRIER IS SUBSTANTIALLY ON THE DIRECT ROUTE, THE RULE FOR APPLICATION IS THE PAYMENT OF THREE CENTS PER MILE FOR THE OFFICIAL DISTANCE FOR WHICH THE AUTOMOBILE WAS USED PURSUANT TO AUTHORITY, AND NOT WITHOUT IT, AND NOTHING MORE, TRANSPORTATION IN SUCH CASE BEING FURNISHED FOR THE BALANCE OF THE DISTANCE BY THE DIRECT ROUTE TO THE DESTINATION INDICATED IN THE ORDERS. * * *

WITH RESPECT TO TRAVEL BY CIRCUITOUS ROUTES AND THE APPLICATION OF PRIOR DECISIONS AUTHORIZING ADJUSTMENTS IN SUCH CASES ON THE BASIS OF DEDUCTING THE COST OF TRANSPORTATION FURNISHED BY THE GOVERNMENT FROM THE MONEY ALLOWANCE OF 3 CENTS A MILE FOR THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL, IT WAS SAID:

* * * THOSE DECISIONS ARE FOR APPLICATION ONLY WHERE TRAVEL IS BY A GENUINELY CIRCUITOUS ROUTE AND WHERE SUCH ADJUSTMENT WILL REDUCE THE AMOUNT PAYABLE TO THE MAN TO LESS THAN THREE CENTS PER MILE FOR THE USE OF HIS AUTOMOBILE FOR THE DISTANCE INVOLVED. NOTE THAT IN ALL CASES OF THIS CHARACTER THE METHOD OF TRAVEL WHEN TRAVELING BY CIRCUITOUS ROUTE IS FOR THE CONVENIENCE OF THE MAN. ALSO, ANY TRAVEL BY PRIVATELY-OWNED AUTOMOBILE IN SUCH CASES IS FOR THE CONVENIENCE OF THE MAN, AND WHERE HE USES THAT METHOD OF TRANSPORTATION AND TRAVELS BY CIRCUITOUS ROUTE AND SUBSEQUENTLY, FOR HIS OWN CONVENIENCE OR FROM HIS PERSONAL NECESSITIES, PROCURES TRANSPORTATION REQUESTS FOR THE BALANCE OF THE DISTANCE, IN NO CASE MAY SUCH A PROCEDURE RESULT IN A BENEFIT TO HIM GREATER THAN WOULD HAVE ACCRUED TO HIM HAD HE PERFORMED THE ENTIRE JOURNEY BY PRIVATELY-OWNED AUTOMOBILE.

THE PRINCIPLES SO INDICATED WOULD APPEAR DIFFICULT OF SPECIFIC APPLICATION TO THE FACTS OF PARTICULAR CASES, ESPECIALLY WHERE SUCH CASES ARE COMPLICATED BY THE FURNISHING OF TRANSPORTATION IN KIND FOR PARTS OF THE DISTANCE OVER CIRCUITOUS ROUTES. BASICALLY, THE STATUTORY AND APPROPRIATION PROVISIONS INVOLVED AUTHORIZE THE PAYMENT OF THE MONEY ALLOWANCE IN LIEU OF FURNISHING TRANSPORTATION IN KIND. IT REASONABLY FOLLOWS THAT THE MONEY ALLOWANCE IS PAYABLE ONLY FOR THAT PART OF THE OFFICIAL DISTANCE FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED AND THERE APPEARS TO BE NO ESSENTIAL REASON FOR A DIFFERENT RULE WHERE COMMERCIAL TRANSPORTATION IN KIND IS FURNISHED FOR A PART OF THE DISTANCE OVER A CIRCUITOUS ROUTE FOR THE CONVENIENCE OF THE TRAVELER. THAT IS TO SAY, WHERE COMMERCIAL TRANSPORTATION IN KIND IS FURNISHED FOR A PART OF THE DISTANCE, WHETHER THE TRAVEL BE OVER THE DIRECT ROUTE LESS THE DISTANCE FOR WHICH COMMERCIAL TRANSPORTATION IN KIND ACTUALLY WAS FURNISHED. THE CIRCUMSTANCES THAT A TRAVELER, FOR HIS OWN PURPOSES, MAY BE FURNISHED TRANSPORTATION IN KIND FOR A PART OF HIS TRIP OVER AN INDIRECT ROUTE SHOULD NOT ENLARGE THE MONEY ALLOWANCE PAYABLE TO HIM FOR THE BALANCE OF THE TRAVEL OVER WHAT IT WOULD HAVE BEEN HAD THE TRANSPORTATION FOR THE SAME DISTANCE BEEN FURNISHED HIM OVER THE DIRECT ROUTE. IF THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL IS 1,000 MILES AND THE TRAVELER IS FURNISHED COMMERCIAL TRANSPORTATION FOR 300 MILES, THE MONEY ALLOWANCE WOULD BE PAYABLE FOR 700 MILES, ONLY, IRRESPECTIVE OF WHETHER THE 300 MILES OF TRANSPORTATION IN KIND ACTUALLY FURNISHED WAS OVER THE DIRECT ROUTE OR OVER SOME CIRCUITOUS ROUTE OF THE TRAVELER'S CHOOSING. TO THE EXTENT THAT THE PRIOR DECISIONS MAY BE VIEWED AS AUTHORIZING OR REQUIRING PAYMENT OR ADJUSTMENT ON A DIFFERENT BASIS IN SUCH CASES, THEY NO LONGER WILL BE REGARDED AS CONTROLLING. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

WITH RESPECT TO YOUR SECOND QUESTION, RELATING TO THE "SPECIFIC CASE OF PARKER," IT APPEARS THAT ORDERS OF AUGUST 23, 1943, DIRECTED THE ENLISTED MAN'S TRANSFER FROM BOULDER, COLORADO, TO THE RECEIVING SHIP, SAN FRANCISCO, CALIFORNIA. HE WAS FURNISHED TRANSPORTATION REQUESTS FOR TRANSPORTATION BETEEEN THOSE POINTS OVER A CIRCUITOUS ROUTE VIA HOUSTON, TEXAS. TRAVEL AT HIS OWN EXPENSE WAS NOT AUTHORIZED BY THE ORDERS NOR SUBSEQUENTLY APPROVED. HE USED SUCH TRANSPORTATION TO HOUSTON, TEXAS, AND STATES HE PERFORMED THE REMAINDER OF THE TRAVEL FROM HOUSTON, TEXAS, TO SAN FRANCISCO, CALIFORNIA, BY HITCHHIKING.

ALNAV NO. 134, DATED JULY 1, 1943, IS AS FOLLOWS:

PARA ONE EFFECTIVE JULY ONE AND DURING FISCAL YEAR NINETEEN FORTY FOUR NAVAL APPROPRIATION ACT AUTHORIZES PAYMENT OF A MONEY ALLOWANCE OF THREE CENTS PER MILE EXCLUSIVE OF SUBSISTENCE IN LIEU OF TRANSPORTATION IN KIND BY SHORTEST USUALLY TRAVELED ROUTE TO ENLISTED MEN TRAVELING UNDER ORDERS REPEAT UNDER ORDERS OWN EXPENSE REGARDLESS OF MODE OF TRAVEL X SUBSISTENCE AT RATE OF SEVENTY-FIVE CENTS PER MEAL BASED ON 4 SHORTEST TRAIN SCHEDULE WILL BE ADVANCED AND ORDERS INDORSED ACCORDINGLYX THREE CENTS PER MILE.

ARTICLE 2509-6 (B) (2) NAVY TRAVEL INSTRUCTIONS, APRIL 1, 1942, COVERING TRAVEL BY ENLISTED PERSONNEL BY CIRCUITOUS ROUTES WHILE ON LEAVE ON CHANGE OF STATION WHEN THE TRAVEL INVOLVED WAS ORDERED, PROVIDED, IN PART:

(B) DUE TO THE VARIOUS FACTORS INVOLVED, SPECIFIC INSTRUCTIONS CANNOT BE GIVEN AS TO WHEN TRANSPORTATION REQUESTS WILL BE ISSUED AND WHEN THE MEN WILL BE ADVISED TO PURCHASE TRANSPORTATION FROM THEIR OWN FUNDS, AND SUBMIT A CLAIM FOR THE AMOUNT TO WHICH ENTITLED. EAST OF THE MISSISSIPPI WHERE THERE ARE FEW LAND-GRANT RAILROADS THE DIFFERENCE BETWEEN THE COMMERCIAL FARE AND NET FARE IS NOT GREAT, SO USUALLY MEN ARE ADVISED TO PURCHASE TRANSPORTATION FROM THEIR OWN FUNDS. BUT WEST OF THE MISSISSIPPI AND FOR TRANSCONTINENTAL TRAVEL, DUE TO LAND-GRANT AND OTHER CAUSES, THERE IS CONSIDERABLE DIFFERENCE BETWEEN THE COST TO THE NAVY AND COMMERCIAL FARES, SO TRANSPORTATION REQUESTS SHOULD BE ISSUED.

(C) WHEN A MAN IS DIRECTED TO PURCHASE TRANSPORTATION FROM HIS OWN FUNDS, HE WILL BE GIVEN A LETTER TO THIS EFFECT WHICH LETTER HE WILL ATTACH TO HIS CLAIM.

(D) WHEN TRANSPORTATION REQUEST IS ISSUED THE BUREAU OF NAVAL PERSONNEL WILL BE REQUESTED IN ADVANCE TO ADVISE THE AMOUNT TO BE CHECKED AGAINST THE TRAVELER.

THE LAW DOES NOT GIVE AN ENLISTED MAN AN ELECTION AS TO THE MODE OF TRAVEL HE WILL UTILIZE. THE REGULATIONS IN EFFECT WHEN THE TRAVEL HERE IN QUESTION WAS PERFORMED PROVIDED THAT "AT THE DISCRETION OF THE COMMANDING OFFICER ACTING ON THE REQUEST OF THE MAN," TRAVEL BY PRIVATE AUTOMOBILE MIGHT BE AUTHORIZED. SEE ARTICLE 2503-5 (A), U.S. NAVY TRAVEL INSTRUCTIONS, OCTOBER 1, 1942. SEE, ALSO, ARTICLE 2508-9 (A) AND (C), OCTOBER 1, 1942, GIVING OFFICERS AUTHORIZED TO ORDER ENLISTED MEN FROM ONE POINT TO ANOTHER AUTHORITY TO DIRECT THAT SUCH MEN BE FURNISHED WITH TRANSPORTATION REQUESTS AND PROVIDING THAT TRAVEL BY PRIVATELY OWNED VEHICLE WOULD BE SPECIFICALLY AUTHORIZED IN THE ORDERS DIRECTING THE TRAVEL OR THAT IT MIGHT BE APPROVED AFTER THE TRAVEL HAD BEEN COMPLETED.

WHERE AN ENLISTED MAN IS FURNISHED TRANSPORTATION FACILITIES TO THE POINT TO WHICH HE IS DIRECTED TO PROCEED BY COMPETENT ORDERS, THERE BEING NO AUTHORITY IN THE ORDERS FOR HIM TO TRAVEL AT HIS OWN EXPENSE, AND HE ELECTS FOR HIS OWN PURPOSES NOT TO USE THE TRANSPORTATION FURNISHED, THERE APPEARS TO BE NO PROPER BASIS UNDER THE LAW AND REGULATIONS TO PAY HIM A MONEY ALLOWANCE FOR THE TRAVEL OTHERWISE PERFORMED WITHOUT PRIOR AUTHORITY OR SUBSEQUENT APPROVAL. THAT IS, IN THE ABSENCE OF APPROPRIATE ADMINISTRATIVE REGULATIONS OR INSTRUCTIONS AUTHORIZING AN ENLISTED MAN TO SUBSTITUTE TRAVEL AT HIS OWN EXPENSE FOR TRANSPORTATION IN KIND FURNISHED HIM UNDER HIS ORDERS, A RIGHT TO A MONEY ALLOWANCE MAY NOT BE VIEWED AS ARISING IPSO FACTO FOR TRAVEL SO PERFORMED IN APPARENT DISREGARD OF THE ORDERS AND THE FACILITIES PROVIDED. HENCE, IT NECESSARILY IS CONCLUDED THAT PARKER IS NOT ENTITLED TO MONEY ALLOWANCE FOR ANY PART OF THE TRAVEL INVOLVED. ALSO, SINCE HE WAS FURNISHED TRANSPORTATION OVER A CIRCUITOUS ROUTE, ANY EXCESS COST TO THE GOVERNMENT OF THE TRANSPORTATION USED FROM BOULDER, COLORADO, TO HOUSTON, TEXAS, OVER WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION FROM BOULDER TO SAN FRANCISCO OVER A DIRECT ROUTE IS PROPERLY FOR COLLECTION FROM HIM.

IN THE CASE OF HAUKEDAHL, REFERRED TO IN YOUR THIRD QUESTION, IT APPEARS THAT TRAVEL AT HIS OWN EXPENSE, SUBJECT TO PAYMENT OF THE MONEY ALLOWANCE OF 3 CENTS A MILE FOR THE DISTANCE OVER THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE OLD AND NEW STATIONS, WAS AUTHORIZED IN ORDERS OF AUGUST 16, 1943, DIRECTING HIS TRANSFER FROM THE RECEIVING SHIP, SAN FRANCISCO, TO THE SUBMARINE CHASER TRAINING CENTER, MIAMI, FLORIDA. THIRTY DAYS' DELAY IN REPORTING, TO COUNT AS LEAVE, WAS AUTHORIZED, HE BEING DIRECTED TO REPORT TO HIS NEW STATION NOT LATER THAN 8 A.M., SEPTEMBER 15, 1943. HE WAS FOUND AT CHICAGO, ILLINOIS, SEPTEMBER 19, 1943, WITHOUT ANY EVIDENCE ON HIS PERSON OF AN ALLEGED EXTENSION OF HIS LEAVE AND WAS TURNED OVER TO THE NAVAL TRAINING STATION, GREAT LAKES, ILLINOIS, SEPTEMBER 20, 1943, AS A STRAGGLER FROM THE SUBMARINE CHASER TRAINING CENTER, MIAMI. ORDERS OF THE COMMANDING OFFICER, GREAT LAKES TRAINING STATION, DATED SEPTEMBER 25, 1943, HE WAS DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, SUBMARINE CHASER TRAINING CENTER, MIAMI, FOR APPROPRIATE DISCIPLINARY ACTION AND RETURN TO DUTY. TRANSPORTATION AT A COST OF $28.95 AND SUBSISTENCE IN THE AMOUNT OF $6 WERE FURNISHED ON SUCH ORDERS AND THOSE AMOUNTS WERE LATER CHECKED AGAINST HIS ACCOUNT. ENLISTED MAN ABSENT WITHOUT LEAVE OR ABSENT OVER LEAVE WHEN HIS ORGANIZATION IS TRANSFERRED TO A NEW STATION IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE NEW STATION. DECISION OF JUNE 13, 1944, B 41251, 23 COMP. GEN. 951. LIKEWISE, AN ENLISTED MAN APPREHENDED AS A STRAGGLER EN ROUTE TO A NEW STATION UNDER ORDERS WOULD NOT THEREBY FORFEIT HIS RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE NEW STATION OR BE REQUIRED TO COMPLETE THE ORDERED TRAVEL AT HIS OWN EXPENSE. THE ENLISTED MAN HERE INVOLVED WAS AUTHORIZED TO TRAVEL AT HIS OWN EXPENSE FROM SAN FRANCISCO TO MIAMI AND TO BE PAID A MONEY ALLOWANCE OF 3 CENTS A MILE FOR THE TRAVEL SO PERFORMED; BUT SUBSEQUENTLY HE ACTUALLY WAS FURNISHED TRANSPORTATION IN KIND FROM GREAT LAKES TO MIAMI TO COMPLETE THE JOURNEY. UNDER THE RULE STATED ABOVE, HE IS ENTITLED TO THE MONEY ALLOWANCE FOR THE OFFICIAL DISTANCE FROM SAN FRANCISCO TO MIAMI LESS THE DISTANCE FOR WHICH TRANSPORTATION IN KIND ACTUALLY WAS FURNISHED HIM FROM GREAT LAKES TO MIAMI; AND, AS THE GOVERNMENT WAS OBLIGATED TO TRANSPORT HIM TO MIAMI ON THE ORDERED CHANGE OF STATION, HE IS ENTITLED TO REPAYMENT OF THE AMOUNT CHECKED AGAINST HIS PAY FOR THE TRANSPORTATION FURNISHED HIM FROM GREAT LAKES TO MIAMI, TOGETHER WITH AN APPROPRIATE ADJUSTMENT FOR SUBSISTENCE FOR THE NECESSARY TRAVEL TIME UNDER HIS ORIGINAL ORDERS.

YOUR LAST QUESTION WOULD APPEAR TO BE ANSWERED IN THE FOREGOING DISCUSSION.

THE TWO VOUCHERS WITH THEIR SUPPORTING PAPERS, TRANSMITTED WITH YOUR LETTER, ARE RETURNED HEREWITH.