B-62590, FEBRUARY 26, 1947, 26 COMP. GEN. 628

B-62590: Feb 26, 1947

Additional Materials:

Contact:

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

 

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

TO THE EXTENT OF THE EXCESS OF THE COST THEREOF OVER THE EXPENSES OF DIRECT TRAVEL TO HIS REGULAR STATION WHICH HE WOULD HAVE BEEN OBLIGATED TO INCUR PERSONALLY. IF THE TREATMENT AT SUCH OTHER PLACE WAS ADMINISTRATIVELY DETERMINED TO BE NECESSARY AS DISTINGUISHED FROM BEING ORDERED AT THE MAN'S REQUEST AND FOR HIS CONVENIENCE. WHICH IS AS FOLLOWS: 1. SUBJECT MAN WAS GRANTED LEAVE FROM CARRIER AIRCRAFT SERVICE UNIT 37 ON 17 MAY 1945. WHILE ON LEAVE WILKINS WAS INJURED IN AN AUTOMOBILE ACCIDENT AND WAS HOSPITALIZED BY THE ARMY AT GOWEN FIELD. WILKINS WAS TRANSFERRED BY THE ARMY TO U.S. 1945 (ENCLOSURE (B) ( SUBJECT MAN WAS TRANSFERRED FROM U.S. 1945 ISSUED A REQUEST FOR CHECK AGE FOR THE COST TO GOVERNMENT OF TRANSPORTATION REQUESTS AND MEAL TICKETS FURNISHED WILKINS AND SUCH CHECK AGE WAS ACCOMPLISHED BY DISBURSING OFFICER.

B-62590, FEBRUARY 26, 1947, 26 COMP. GEN. 628

TRANSPORTATION AND SUBSISTENCE - NAVY ENLISTED MEN INJURED WHILE ON LEAVE A NAVY ENLISTED MAN INJURED WHILE RETURNING FROM AN AUTHORIZED LEAVE OF ABSENCE MAY BE FURNISHED TRANSPORTATION AND SUBSISTENCE AT GOVERNMENT EXPENSE INCIDENT TO TRAVEL, PURSUANT TO ORDERS, FROM THE PLACE OF INITIAL TREATMENT TO ANOTHER PLACE FOR FURTHER TREATMENT AND THENCE TO HIS REGULAR STATION FROM WHICH GRANTED LEAVE, TO THE EXTENT OF THE EXCESS OF THE COST THEREOF OVER THE EXPENSES OF DIRECT TRAVEL TO HIS REGULAR STATION WHICH HE WOULD HAVE BEEN OBLIGATED TO INCUR PERSONALLY, IF THE TREATMENT AT SUCH OTHER PLACE WAS ADMINISTRATIVELY DETERMINED TO BE NECESSARY AS DISTINGUISHED FROM BEING ORDERED AT THE MAN'S REQUEST AND FOR HIS CONVENIENCE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, FEBRUARY 26, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 17, 1946, REQUESTING DECISION AS TO THE RIGHT OF DONALD J. WILKINS, SEAMAN FIRST CLASS, U.S. NAVAL RESERVE, TO TRANSPORTATION AND SUBSISTENCE AT GOVERNMENT EXPENSE INCIDENT TO THE PERFORMANCE OF TRAVEL FROM CLEAR FIELD, UTAH, TO OAKLAND, CALIFORNIA, UNDER THE CIRCUMSTANCES SET FORTH IN LETTER FROM THE ACTING CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED NOVEMBER 19, 1946, FORWARD THEREWITH, WHICH IS AS FOLLOWS:

1. SUBJECT MAN WAS GRANTED LEAVE FROM CARRIER AIRCRAFT SERVICE UNIT 37 ON 17 MAY 1945, SUCH LEAVE TO EXPIRE JUNE 5, 1945. WHILE ON LEAVE WILKINS WAS INJURED IN AN AUTOMOBILE ACCIDENT AND WAS HOSPITALIZED BY THE ARMY AT GOWEN FIELD, BOISE, IDAHO ON MAY 31, 1945. ON JUNE 1, 1945, WILKINS WAS TRANSFERRED BY THE ARMY TO U.S. NAVAL BARRACKS, CLEAR FIELD, UTAH FOR FURTHER HOSPITALIZATION AND TREATMENT. UNDER ORDERS OF JUNE 11, 1945 (ENCLOSURE (B) ( SUBJECT MAN WAS TRANSFERRED FROM U.S. NAVAL BARRACKS, CLEAR FIELD, UTAH TO U.S. NAVAL HOSPITAL, OAKLAND, CALIFORNIA AND THE DISBURSING OFFICER, U.S. NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH FURNISHED TRANSPORTATION REQUESTS FOR COST OF ONE TOURIST CLASS RAIL FARE, ONE LOWER TOURIST PULLMAN BERTH AND MEAL TICKETS FOR FOUR MEALS.

2. THE DISBURSING OFFICER, U.S. NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH UNDER DATE OF JUNE 9, 1945 ISSUED A REQUEST FOR CHECK AGE FOR THE COST TO GOVERNMENT OF TRANSPORTATION REQUESTS AND MEAL TICKETS FURNISHED WILKINS AND SUCH CHECK AGE WAS ACCOMPLISHED BY DISBURSING OFFICER, U.S. NAVAL HOSPITAL, OAKLAND, CALIFORNIA ON JULY 11, 1945 (SEE ENCLOSURE (C) ).

3. THE PROVISIONS OF REFERENCE (A) (A-32005, JUNE 14, 1930) SET FORTH IN PART.

"THE STATUS OF AN ENLISTED MAN IN THE NAVY SUBJECTS HIM TO CONTROL BY THE NAVY DEPARTMENT WHETHER ON LEAVE OR ON DUTY. THE FACT THAT AN ATTEMPT IS MADE BY NAVAL OFFICERS TO RELIEVE THE ENLISTED MAN OF HIS EXPENSE FOR PRIVATE HOSPITAL AND MEDICAL TREATMENT WHILE ABSENT FROM HIS STATION AND DUTY BECAUSE OF INJURY SUFFERED WHILE ON LEAVE OF ABSENCE DOES NOT CREATE A DUTY STATUS ENTITLING THE MAN TO TRANSPORTATION AND EXPENSES AT THE COST OF THE GOVERNMENT, FROM THE PLACE OF HIS INJURY TO HIS DUTY STATION WHEN ABLE TO TRAVEL.'

SINCE SUBJECT MAN WAS NOT ORDERED TO RETURN TO THE DUTY STATION FROM WHICH LEAVE OF ABSENCE WAS GRANTED BUT WAS ORDERED FROM TREATMENT AT NAVAL BARRACKS, CLEAR FIELD, UTAH, TO U.S. NAVAL HOSPITAL, OAKLAND, CALIFORNIA, FOR FURTHER TREATMENT, HE DOES NOT COME WITHIN THE PROVISIONS OF REFERENCE (A).

4. IT IS RECOMMENDED THAT THIS MATTER BE REFERRED TO THE COMPTROLLER GENERAL IN REGARD TO WILKINS' ENTITLEMENT TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM CLEAR FIELD, UTAH, TO OAKLAND, CALIFORNIA, AND FOR SUBSISTENCE EN ROUTE.

WILKINS WAS GRANTED A LEAVE OF 10 DAYS WITH 8 DAYS' TRAVEL TIME, COMMENCING AT 8 A.M. MAY 17, 1945, AND EXPIRING AT 7:30 A.M. JUNE 5, 1945, FOR THE PURPOSE OF VISITING MARBLE HEAD, MASSACHUSETTS, BY LEAVE PAPERS ISSUED BY CARRIER AIRCRAFT SERVICE UNIT 37, AIR FORCE, UNITED STATES PACIFIC FLEET, C/O FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA, DATED MAY 15, 1945, WITH INSTRUCTIONS TO REPORT TO THAT COMMAND UPON THE EXPIRATION OF LEAVE. ON THE REVERSE SIDE OF THE LEAVE PAPERS THE CORRECT TELEGRAPHIC ADDRESS OF THE MAN'S SHIP OR STATION WAS SHOWN TO BE " COMMANDING OFFICER, FLEET AIR DETACHMENT N.A.A.S., HOLLISTER, CALIFORNIA," WHICH, IT IS ASSUMED, IS THE STATION FROM WHICH LEAVE WAS GRANTED AND TO WHICH WILKINS WAS TO RETURN UPON EXPIRATION OF LEAVE. APPARENTLY HE WAS RETURNING FROM MARBLE HEAD WHEN INJURED AT OR NEAR BOISE, IDAHO. THE ORDERS OF JUNE 11, 1945, ISSUED AT THE U.S. NAVAL BARRACKS, NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH, ARE AS FOLLOWS:

TO: WILKINS, DONALD J., 554 21 101 S1C. V-6, USNR.

SUBJ: ORDERS.

1. UNDER TREATMENT AT THIS DEPOT FROM 1 JUNE 1945 TO 11 JUNE 1945. LEAVE FROM U.S. PACIFIC FLEET AIR FORCE, CARRIER AIRCRAFT SERVICE UNIT 37.

2. UPON RECEIPT OF THESE ORDERS AND WHEN DIRECTED BY PROPER AUTHORITY YOU WILL PROCEED AS YOUR TRANSPORTATION DIRECTS TO THE U.S. NAVAL HOSPITAL, OAKLAND, CALIF., AND REPORT TO THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, OAKLAND, CALIF. AUTHORITY FOR THIS TRANSFER IS MEDICAL OFFICER, NSD, CLEAR FIELD, UTAH, NAVMED FORM "G.'

3. YOU WERE NOT ATTACHED TO THE U.S. NAVAL BARRACKS, NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH, THEREFORE, UPON COMPLETION OF TREATMENT IT IS REQUESTED THAT ARTICLE D-7017, BUPERS MANUAL BE COMPLIED WITH. THE COMMANDING OFFICER, U.S. PACIFIC FLEET AIR FORCE, CARRIER AIRCRAFT SERVICE UNIT 37, C/O FLEET POST OFFICE, SAN FRANCISCO, CALIF. HAS BEEN REQUESTED TO FORWARD YOUR RECORDS AND ACCOUNTS TO THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, OAKLAND, CALIF.

4. THE DISBURSING OFFICER, NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH, IS HEREBY AUTHORIZED AND DIRECTED TO FURNISH YOU WITH THE NECESSARY TRANSPORTATION AND SUBSISTENCE FROM CLEAR FIELD, UTAH, TO OAKLAND" CALIFORNIA, THE AMOUNT OF WHICH WILL BE CHECKED AGAINST YOUR ACCOUNT.

IT APPEARS THAT WILKINS PROCEEDED TO THE U.S. NAVAL HOSPITAL AT OAKLAND FOR TREATMENT AS DIRECTED. WHILE THE DATE AND CIRCUMSTANCES OF HIS RELEASE FROM TREATMENT AT THAT HOSPITAL AND HIS ULTIMATE DISPOSITION ARE NOT SHOWN, IT IS ASSUMED THAT HE REJOINED CARRIER AIRCRAFT SERVICE UNIT 37 FOR DUTY UPON SUCH RELEASE.

ENLISTED PERSONNEL OF THE MILITARY AND NAVAL SERVICES ARE ENTITLED TO TRANSPORTATION IN KIND AND TO SUBSISTENCE EN ROUTE, OR TO ALLOWANCE IN LIEU THEREOF, ONLY WHEN TRAVELING PURSUANT TO ORDERS ON PUBLIC BUSINESS. TRAVEL BY AN ENLISTED MAN AWAY FROM HIS STATION ON AUTHORIZED LEAVE IS TRAVEL FOR PERSONAL REASONS RATHER THAN ON PUBLIC BUSINESS, AND HE IS UNDER OBLIGATION TO RETURN TO HIS STATION AT HIS OWN EXPENSE. IT HAS BEEN HELD THAT SUCH OBLIGATION IS NOT LESSENED OR OVERCOME BY THE ISSUANCE OF ORDERS DURING THE LEAVE PERIOD WHICH CHANGE HIS DUTY STATION OR WHICH DIRECT THE PERFORMANCE OF TEMPORARY DUTY EN ROUTE TO THE OLD DUTY STATION, THE ENLISTED MAN UNDER SUCH CIRCUMSTANCES BEING CONSIDERED AS ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO TRAVEL PERFORMED UNDER ORDERS OF THAT NATURE ONLY INSOFAR AS THEY EXCEED THE EXPENSES THAT NORMALLY WOULD HAVE BEEN INCURRED HAD HE RETURNED DIRECTLY TO THE STATION FROM WHICH LEAVE WAS GRANTED AS ORIGINALLY CONTEMPLATED. 9 COMP. GEN. 152; 24 ID. 302; B-49508, JUNE 20, 1945.

BEING AWAY FROM HIS DUTY STATION ON AUTHORIZED LEAVE OF ABSENCE AT THE TIME OF HIS INJURY, WILKINS WAS OBLIGATED TO RETURN TO THAT STATION AT HIS OWN EXPENSE. THE ORDERS OF JUNE 11, 1945, QUOTED ABOVE ARE NOT ENTIRELY CLEAR AS TO WHETHER THE PURPOSE THEREOF WAS TO DIRECT TRAVEL TO THE U.S. NAVAL HOSPITAL AT OAKLAND AS NECESSARY TO THE TREATMENT REQUIRED AS A RESULT OF THE INJURIES SUSTAINED, OR WHETHER THEY WERE ISSUED AT THE MAN'S REQUEST AND AS A MATTER OF CONVENIENCE TO ENABLE HIM TO CONTINUE TREATMENT AT A POINT OF HIS CHOICE PRIOR TO HIS RETURN TO DUTY, BUT THE LATTER SITUATION IS INDICATED BY THE PROVISION OF PARAGRAPH 4 OF THE ORDERS THAT THE COST OF TRANSPORTATION AND SUBSISTENCE FURNISHED THEREUNDER "WILL BE CHECKED AGAINST YOUR ACCOUNT.' SEE IN THIS CONNECTION PARAGRAPH (3), ARTICLE D-7017, BUREAU OF NAVAL PERSONNEL MANUAL. IF ISSUED AT THE MAN'S REQUEST AND FOR HIS CONVENIENCE, THERE CLEARLY WOULD EXIST NO BASIS TO WARRANT A CONCLUSION THAT ANY PART OF THE EXPENSES OF TRAVEL PROPERLY COULD BE BORNE BY THE GOVERNMENT. IF, HOWEVER, SUCH TRAVEL WAS DIRECTED UPON AN ADMINISTRATIVE DETERMINATION THAT TREATMENT AT THE NAVAL HOSPITAL AT OAKLAND WAS NECESSARY, IT APPEARS THAT THE COST OF TRAVEL IN RETURNING TO HIS DUTY STATION BY WAY OF OAKLAND WOULD BE A PROPER CHARGE AGAINST APPROPRIATED FUNDS, BUT ONLY TO THE EXTENT IT EXCEEDED THE EXPENSES OF TRAVEL THAT HE WOULD HAVE BEEN OBLIGATED TO INCUR PERSONALLY HAD HE TRAVELED DIRECTLY FROM CLEAR FIELD, UTAH, TO THE DUTY STATION FROM WHICH LEAVE WAS GRANTED, SUCH SITUATION BEING ESSENTIALLY THE SAME, WITH RESPECT TO THE RIGHT TO TRAVEL EXPENSES, AS THOUGH THE ORDERS OF JUNE 11, 1945, HAD DIRECTED THE PERFORMANCE OF TEMPORARY DUTY AT OAKLAND PRIOR TO RETURN TO THE DUTY STATION.