B-5848, OCTOBER 6, 1939, 19 COMP. GEN. 422

B-5848, OCTOBER 6, 1939, 19 COMP. GEN. 422

MILEAGE - ARMY OFFICER - LAST DUTY STATION TO HOME - RETIREMENT WHILE ON LEAVE OF ABSENCE AT HOME WHERE AN ARMY OFFICER, WHILE UNDER CHANGE-OF-STATION ORDERS, PROCEEDED TO HIS HOME ON LEAVE OF ABSENCE AND WHILE THERE RECEIVED ORDERS RENDERING THE CHANGE-OF-STATION ORDERS INEFFECTIVE BY PLACING HIM ON THE RETIRED LIST UPON HIS OWN APPLICATION BUT DIRECTING HIM TO PROCEED TO HIS HOME, HE IS NOT ENTITLED TO MILEAGE FOR THE TRAVEL FROM HIS OLD STATION TO HIS HOME, THE TRAVEL HOME WHILE ON LEAVE NOT BEING TRAVEL ON PUBLIC BUSINESS AND NO RIGHT TO ANY MILEAGE HAVING ACCRUED UNDER THE CHANGE-OF-STATION ORDER WHICH NEVER BECAME EFFECTIVE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CAPT. L. E. GRUBER, UNITED STATES ARMY, OCTOBER 6, 939:

BY FIRST ENDORSEMENT OF AUGUST 26, 1939, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE YOUR LETTER OF AUGUST 11, 1939, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER THEREWITH TRANSMITTED IN FAVOR OF MAJ. FLOYD M. HYNDMAN, UNITED STATES ARMY, RETIRED, COVERING MILEAGE FROM SHREVEPORT, LA., TO CROMANTON, FLA., FOR TRAVEL PERFORMED NOVEMBER 21 TO NOVEMBER 22, 1938.

BY PARAGRAPH 5 OF SPECIAL ORDERS NO. 255, DATED WAR DEPARTMENT, WASHINGTON, OCTOBER 31, 1938, MAJOR HYNDMAN WAS RELIEVED FROM ASSIGNMENT AND DUTY AT SHREVEPORT HIGH SCHOOLS AND ASSIGNED TO THE FIRST CAVALRY DIVISION, FORT CLARK, TEX., WITH DIRECTION TO PROCEED TO THAT STATION AND REPORT TO THE COMMANDING GENERAL FOR ASSIGNMENT TO DUTY WITH THE CAVALRY, THE TRAVEL DIRECTED BEING CERTIFIED AS NECESSARY IN THE MILITARY SERVICE. BY PARAGRAPH 1 OF SPECIAL ORDERS NO. 192, DATED HEADQUARTERS, FORT CLARK, TEX., NOVEMBER 16, 1938, AND PURSUANT TO AUTHORITY OF HEADQUARTERS, EIGHTH CORPS AREA, MAJOR HYNDMAN WAS GRANTED LEAVE OF ABSENCE FOR A PERIOD OF 2 MONTHS AND 15 DAYS WITH DIRECTION THAT UPON EXPIRATION OF THE LEAVE HE WAS TO COMPLY WITH PARAGRAPH 5 OF SPECIAL ORDERS NO. 255, WAR DEPARTMENT, OCTOBER 31, 1938. THIS LEAVE OF ABSENCE WAS EXTENDED FOR A PERIOD OF 12 DAYS BY PARAGRAPH 1 OF SPECIAL ORDERS NO. 5, DATED HEADQUARTERS, FORT CLARK, TEX., JANUARY 9, 1939. THE SAME EXTENSION OF THE LEAVE OF ABSENCE WAS ALSO GRANTED BY PARAGRAPH 1 OF SPECIAL ORDERS NO. 29, DATED WAR DEPARTMENT, WASHINGTON, FEBRUARY 4, 1939. PARAGRAPH 6 OF THE LAST CITED ORDER PROVIDED THAT UPON HIS OWN APPLICATION MAJOR HYNDMAN WOULD BE RETIRED FROM ACTIVE SERVICE TO TAKE EFFECT FEBRUARY 28, 1939, UNDER THE PROVISIONS OF SECTION 5 OF THE ACT OF CONGRESS OF JULY 31, 1935, 49 STAT. 507, AFTER 25 YEARS' SERVICE, WITH DIRECTIONS THAT "AT THE PROPER TIME HE WILL PROCEED TO HIS HOME. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.' PARAGRAPH 3 OF A LETTER ADDRESSED TO MAJOR HYNDMAN BY THE ADJUTANT GENERAL FEBRUARY 4, 1939, SUBJECT " RETIREMENT" ATTACHED TO THE PAPERS AND CERTIFIED BY MAJOR HYNDMAN AS A TRUE COPY IS AS FOLLOWS:

THE RECORDS OF THIS OFFICE SHOW THAT YOU DEPARTED ON 2 MONTHS AND 15 DAYS LEAVE NOVEMBER 21, 1938, AND THAT YOU STILL HAVE A LEAVE CREDIT OF 12 DAYS. THIS LEAVE IS BEING GRANTED YOU TO EXPIRE FEBRUARY 17, 1939. YOU WILL BE CARRIED ON "DETACHED SERVICE AT CROMANTON, FLORIDA, AWAITING ORDERS" FROM FEBRUARY 17TH UNTIL FEBRUARY 28, 1939, THE DATE YOUR RETIREMENT BECOMES EFFECTIVE.

IT APPEARS THE OFFICER WAS RELIEVED FROM DUTY AT SHREVEPORT ON NOVEMBER 21, 1938, AND PROCEEDED TO HIS HOME ON LEAVE OF ABSENCE AND WHILE THERE RECEIVED ORDERS PLACING HIM ON THE RETIRED LIST BUT CARRYING A DIRECTION TO PROCEED TO HIS HOME. THE ORDER ASSIGNING HIM TO THE CAVALRY AT FORT CLARK NEVER BECAME EFFECTIVE, THE OFFICER HAVING APPLIED FOR RETIREMENT AND HAVING BEEN RETIRED UNDER THE PROVISIONS OF THE CITED ACT OF 1935. THE CASE SEEMS TO BE IDENTICAL WITH THE CASE OF ELMORE, 2 COMP. GEN. 625, AND 61 CT.1CLS. 173. THE OFFICER BEING AT HIS HOME WHEN THE ORDER FOR RETIREMENT BECAME EFFECTIVE NO TRAVEL WAS REQUIRED AND NONE WAS PERFORMED. THE TRAVEL ON LEAVE WHILE UNDER ASSIGNMENT TO THE CAVALRY AT FORT CLARK WAS NOT TRAVEL IN CONNECTION WITH THAT ASSIGNMENT AND THAT ORDER NEVER HAVING BECOME EFFECTIVE, THERE IS NO RIGHT TO MILEAGE UNDER THAT ORDER. THE TRAVEL OF THE OFFICER TO HIS HOME WHILE ON LEAVE OF ABSENCE, AS STATED BY THE COURT OF CLAIMS IN THE ELMORE CASE WAS NOT TRAVEL ON PUBLIC BUSINESS. THE FACT THAT, AS IN THE CASE OF ELMORE, HAD THE OFFICER NOT PROCEEDED TO HIS HOME ON LEAVE OF ABSENCE BEFORE RETIREMENT, MILEAGE WOULD HAVE BEEN PAYABLE DOES NOT ALTER THE SITUATION; NO TRAVEL WAS REQUIRED UPON HIS RETIREMENT, NONE WAS PERFORMED AND NO MILEAGE IS PAYABLE.