B-5115, SEPTEMBER 5, 1939, 19 COMP. GEN. 315

B-5115: Sep 5, 1939

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IS ENTITLED TO MILEAGE OVER THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACE OF DETACHMENT FROM HIS OLD STATION TO THE PLACE OF TEMPORARY DUTY. CREDIT WAS ALLOWED FOR MILEAGE FROM NAVAL STATION MARE ISLAND CALIF. ARE AS FOLLOWS: FROM: THE MAJOR GENERAL COMMANDANT. YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES. WILL PROCEED TO THE COMMAND AND GENERAL STAFF SCHOOL. YOU ARE AUTHORIZED TO DELAY IN REPORTING AT THE COMMAND AND GENERAL STAFF SCHOOL UNTIL AUGUST 1. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE. REFERENCE (A) IS SO FAR MODIFIED THAT YOU WILL PROCEED TO THE NAVAL TRAINING STATION. YOU ARE AUTHORIZED TO DELAY IN REPORTING AT THE NAVAL TRAINING STATION.

B-5115, SEPTEMBER 5, 1939, 19 COMP. GEN. 315

MILEAGE - CHANGE OF STATION INVOLVING LEAVE OF ABSENCE AND RECEIPT OF INTERVENING TEMPORARY DUTY ORDERS WHILE ON LEAVE A MARINE CORPS OFFICER GRANTED LEAVE IN CONNECTION WITH A CHANGE OF STATION, WHO, WHILE ON SUCH LEAVE, RECEIVES ORDERS ASSIGNING HIM TO TEMPORARY DUTY PRIOR TO REPORTING TO THE NEW STATION, IS ENTITLED TO MILEAGE OVER THE SHORTEST USUALLY TRAVELED ROUTE FROM THE PLACE OF DETACHMENT FROM HIS OLD STATION TO THE PLACE OF TEMPORARY DUTY, THENCE TO HIS NEW PERMANENT STATION, AND NOT TO MILEAGE FROM THE PLACE OF DETACHMENT FROM HIS OLD STATION TO HIS NEW PERMANENT STATION PLUS MILEAGE FROM THE PLACE OF RECEIPT OF ORDERS TO THE TEMPORARY-DUTY STATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. W. W. DAVIES, UNITED STATES MARINE CORPS, SEPTEMBER 5, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 7, 1939, FILE 51122, BD 69- RKP, REFERRING TO NOTICE OF EXCEPTION ON YOUR VOUCHER NO. 473, SEPTEMBER 1938 ACCOUNTS, WITHHOLDING CREDIT IN THE AMOUNT OF $21.96, ON ACCOUNT OF PAYMENT OF MILEAGE TO CAPT. J. C. MCQUEEN, UNITED STATES MARINE CORPS, IN THE SUM OF $236.52, COVERING TRAVEL JUNE 30 TO SEPTEMBER 1, 1938, NAVAL STATION, MARE ISLAND, CALIF., TO FORT LEAVENWORTH, KANS., 1,918 MILES AT 8 CENTS PER MILE, AND TRAVEL AUGUST 14-15, 1938, COLORADO SPRINGS, COLO., TO GREAT LAKES, ILL., 1,142 MILES AT 8 CENTS PER MILE, LESS 276 MILES LAND GRANT AT 3 CENTS PER MILE. CREDIT WAS ALLOWED FOR MILEAGE FROM NAVAL STATION MARE ISLAND CALIF., TO GREAT LAKES, ILL., THENCE TO FORT LEAVENWORTH, KANS.

ORDERS OF FEBRUARY 28, 1938, HEADQUARTERS, U.S. MARINE CORPS, ARE AS FOLLOWS:

FROM: THE MAJOR GENERAL COMMANDANT.

TO. * CAPTAIN JOHN C. MCQUEEN, MARINE CORPS, MARINE DETACHMENT, U.S.S. QUINCY.

VIA: THE COMMANDING OFFICER.

SUBJECT: CHANGE OF STATION.

1. WHEN DIRECTED BY THE COMMANDING OFFICER, U.S.S. QUINCY, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES, WILL PROCEED TO THE COMMAND AND GENERAL STAFF SCHOOL, FORT LEAVENWORTH, KANSAS, AND REPORT TO THE COMMANDANT, FOR DUTY AND INSTRUCTION AT THAT SCHOOL UNTIL ABOUT JUNE 1939.

2. YOU ARE AUTHORIZED TO DELAY IN REPORTING AT THE COMMAND AND GENERAL STAFF SCHOOL UNTIL AUGUST 1, 1938.

3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

S/T. HOLCOMB.

T. HOLCOMB.

ORDERS OF JULY 5, 1938, HEADQUARTERS, UNITED STATES MARINE CORPS, MODIFIED THE ORDERS OF FEBRUARY 28, 1938, AS FOLLOWS:

FROM: THE MAJOR GENERAL COMMANDANT.

TO: CAPTAIN JOHN C. MCQUEEN, MARINE CORPS, 2110 WOOD AVENUE, COLORADO SPRINGS, COLORADO.

SUBJECT: MODIFICATION OF ORDERS.

REFERENCE: (A)MGC, LETTER, 103736-1 AN-241-ACD, DATED FEBRUARY 28, 1938.

1. REFERENCE (A) IS SO FAR MODIFIED THAT YOU WILL PROCEED TO THE NAVAL TRAINING STATION, GREAT LAKES, ILL., AND REPORT TO THE COMMANDANT, 9TH NAVAL DISTRICT, FOR EXAMINATION PRELIMINARY TO PROMOTION. YOU ARE AUTHORIZED TO DELAY IN REPORTING AT THE NAVAL TRAINING STATION, GREAT LAKES, ILL., UNTIL AUGUST 15, 1938.

2. ON COMPLETION OF TEMPORARY DUTY AT THE NAVAL TRAINING STATION, GREAT LAKES, YOU WILL PROCEED TO THE COMMAND AND GENERAL STAFF SCHOOL, FORT LEAVENWORTH, KANSAS, AND REPORT, NOT LATER THAN SEPTEMBER 1, 1938, TO THE COMMANDANT, FOR THE DUTY DIRECTED IN THE ABOVE REFERENCE.

3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

S) CLAYTON B. VOGEL,

CLAYTON B. VOGEL, ACTING.

INDORSEMENTS ON THESE ORDERS SHOW THAT CAPTAIN MCQUEEN WAS DETACHED FROM DUTY ON U.S.S. QUINCY, AT UNITED STATES NAVY YARD, MARE ISLAND, CALIF., JUNE 30, 1938, WHILE ON LEAVE GRANTED BY HIS ORDERS, IT APPEARS HE PROCEEDED TO COLORADO SPRINGS, COLO., TO WHICH PLACE THE MODIFYING ORDERS WERE SENT, AND WERE RECEIVED BY HIM JULY 7, 1938. HE REPORTED AUGUST 16, 1938, FOR TEMPORARY DUTY AT UNITED STATES NAVAL TRAINING STATION GREAT LAKES, ILL., AND WAS DETACHED AT THAT PLACE AUGUST 20, 1938. HE REPORTED SEPTEMBER 1, 1938, FOR DUTY AT THE COMMAND AND GENERAL STAFF SCHOOL, FORT LEAVENWORTH, KANS.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDES:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE * * *.

IT IS URGED THAT THE PAYMENT OF MILEAGE FROM MARE ISLAND TO FORT LEAVENWORTH AND FROM COLORADO SPRINGS TO GREAT LAKES WAS MADE IN ACCORDANCE WITH THE PROCEDURE OUTLINED IN ARTICLE 24-52 (29), MARINE CORPS MANUAL, WHICH READS AS FOLLOWS:

(29) IF ORDERED TO TEMPORARY DUTY DURING HIS LEAVE AND TO OBEY HIS FIRST ORDER ON THE TERMINATION OF SUCH DUTY, HE IS ENTITLED TO MILEAGE FROM OLD TO NEW STATION AND FROM PLACE OF LEAVE TO TEMPORARY DUTY AND ANY EXCESS OF DISTANCE FROM PLACE OF TEMPORARY DUTY TO NEW STATION OVER THAT FROM PLACE OF LEAVE TO NEW STATION.

THE AUTHORITY OF BASIS FOR THIS SUGGESTED RULE IS NOT APPARENT. THE ACT OF JUNE 12, 1906, 34 STAT. 247, PROVIDES:

* * * THAT WHEN THE STATION OF AN OFFICER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE HE WILL ON JOINING THE NEW STATION BE ENTITLED TO MILEAGE FOR THE DISTANCE TO THE NEW STATION FROM THE PLACE WHERE HE RECEIVED THE ORDER DIRECTING THE CHANGE, PROVIDED THE DISTANCE BE NO GREATER THAN FROM THE OLD TO THE NEW STATION; BUT IF THE DISTANCE BE GREATER HE WILL BE ENTITLED TO MILEAGE FOR A DISTANCE EQUAL TO THAT FROM THE OLD TO THE NEW STATION ONLY * * *.

THE RULE SO ESTABLISHED HAS BEEN APPLIED BY THE ACCOUNTING OFFICERS TO THE NAVY AND MARINE CORPS AS WELL AS TO THE ARMY, BUT IN 19 COMP. DEC. 418, THIS PROVISION IN THE ACT OF JUNE 12, 1906, WAS CONSTRUED TO HAVE REFERENCE TO AN OFFICER ON LEAVE OF ABSENCE FROM A STATION TO WHICH HE IS BOUND TO RETURN ON EXPIRATION OF LEAVE, WHO AT THE TIME OF GOING ON LEAVE IS NOT UNDER ORDERS TO CHANGE STATION, BUT WHO DURING THE PROGRESS OF LEAVE RECEIVES ORDERS TO REPORT TO SOME OTHER STATION AT THE EXPIRATION OF LEAVE. THIS RULE IS STATED FOR THE GUIDANCE OF DISBURSING OFFICERS IN PARAGRAPH 42, ARTICLE 24-52, MARINE CORPS, MANUAL

IT WOULD APPEAR THAT UPON CAPTAIN MCQUEEN'S RELIEF FROM DUTY AT UNITED STATES NAVY YARD, MARE ISLAND, HE AVAILED HIMSELF OF THE LEAVE GRANTED HIM. AT THE TIME OF GOING ON THE LEAVE HE WAS UNDER ORDERS TO CHANGE STATION WITHOUT TROOPS. THE TRAVEL PERFORMED BY HIM FROM MARE ISLAND TO COLORADO SPRINGS, WHILE ON LEAVE, WAS NOT REQUIRED BY PUBLIC BUSINESS, BUT WAS PERFORMED FOR HIS OWN CONVENIENCE AND PLEASURE AND THEREFORE WAS NOT TRAVEL UNDER COMPETENT ORDERS ENTITLING TO MILEAGE UNDER THE CITED ACT OF JUNE 10, 1922. WHILE THIS WAS TRAVEL TOWARD HIS NEW STATION, IT WAS AT HIS RISK OF BEING REQUIRED TO BEAR ANY ADDITIONAL EXPENSE SHOULD HIS ORDERS BE MODIFIED OR CANCELED BEFORE HE WAS REQUIRED TO TRAVEL IN ORDER TO REACH HIS NEW STATION AT THE TIME FIXED IN HIS ORDERS. 8 COMP. GEN. 524; 9 ID. 315, CONFIRMED IN CASE OF UNITED STATES V. CABELL, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION, NO. 1350 LAW, JUDGMENT ENTERED NOVEMBER 13, 1934.

THE EFFECT OF THE MODIFYING ORDERS RECEIVED BY CAPTAIN MCQUEEN AT COLORADO SPRINGS WHILE ON LEAVE UNDER ORDERS TO CHANGE STATIONS WAS TO DIRECT OFFICIAL TRAVEL FROM MARE ISLAND TO GREAT LAKES, FOR THE LEAVENWORTH. THE PRINCIPLE INVOLVED IN A CHANGE IN ORDERS RECEIVED WHILE ON LEAVE, DIRECTING TRAVEL TO A TEMPORARY DUTY STATION EN ROUTE TO A NEW STATION, IS THE SAME AS WHERE AN ULTIMATE NEW STATION IS ASSIGNED UNDER THE SAME CIRCUMSTANCES. THE OFFICIAL TRAVEL ENTITLING TO MILEAGE IS THE TRAVEL NECESSARY TO ACCOMPLISH THE ASSIGNMENTS DIRECTED IN THE MODIFIED ORDERS.

ACCORDINGLY, CAPTAIN MCQUEEN WAS ENTITLED TO MILEAGE OVER THE SHORTEST USUALLY TRAVELED ROUTE OVER WHICH HE WAS ORDERED TO TRAVEL FROM MARE ISLAND TO GREAT LAKES, THENCE TO FORT LEAVENWORTH. THE AMOUNT PAID IN EXCESS OF MILEAGE VIA SUCH ROUTING WAS PROPERLY DISALLOWED.