B-96321, JULY 17, 1950, 30 COMP. GEN. 19

B-96321: Jul 17, 1950

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TRAVELING EXPENSES - LEAVES OF ABSENCE - MILITARY PERSONNEL REPORTING TO NEW STATION FOR OWN CONVENIENCE AT EXPIRATION OF LEAVE WHERE A MEMBER OF THE MILITARY SERVICE IS GRANTED A LEAVE OF ABSENCE AT THE COMPLETION OF WHICH HE IS PERMITTED FOR HIS OWN CONVENIENCE TO REPORT AT A NEW STATION AT OR NEAR THE PLACE OF LEAVE FOR FURTHER TRANSFER TO A NEW ASSIGNMENT. THE TRAVEL INVOLVED IS TO BE REGARDED AS HAVING BEEN PERFORMED INCIDENT TO THE LEAVE AND NOT IN THE PUBLIC INTEREST. 1950: REFERENCE IS MADE TO YOUR LETTER OF MAY 25. NO ORDERS HAVE BEEN SUBMITTED DIRECTING SUCH TRAVEL. WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF DECEMBER 27. YOUR LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF SUCH SETTLEMENT.

B-96321, JULY 17, 1950, 30 COMP. GEN. 19

TRAVELING EXPENSES - LEAVES OF ABSENCE - MILITARY PERSONNEL REPORTING TO NEW STATION FOR OWN CONVENIENCE AT EXPIRATION OF LEAVE WHERE A MEMBER OF THE MILITARY SERVICE IS GRANTED A LEAVE OF ABSENCE AT THE COMPLETION OF WHICH HE IS PERMITTED FOR HIS OWN CONVENIENCE TO REPORT AT A NEW STATION AT OR NEAR THE PLACE OF LEAVE FOR FURTHER TRANSFER TO A NEW ASSIGNMENT, THE TRAVEL INVOLVED IS TO BE REGARDED AS HAVING BEEN PERFORMED INCIDENT TO THE LEAVE AND NOT IN THE PUBLIC INTEREST, AND THE EXPENSES THEREOF MUST BE BORNE BY THE TRAVELER.

ASSISTANT COMPTROLLER GENERAL YATES TO BASSIEL WILLIAMS, JULY 17, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1950, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO RALEIGH, NORTH CAROLINA, AND RETURN, IN CONNECTION WITH YOUR SERVICE AS SEAMAN, FIRST CLASS, UNITED STATES NAVAL RESERVE, AND REFERRING TO CLAIM NO. 2175869. INASMUCH AS THE RECORD BEFORE THIS OFFICE CONTAINS NO INFORMATION SHOWING THAT YOU RETURNED TO CALIFORNIA AFTER REPORTING AT RALEIGH, NORTH CAROLINA, AND NO ORDERS HAVE BEEN SUBMITTED DIRECTING SUCH TRAVEL, AND SINCE YOUR CLAIM NO. 2175869 FOR TRAVEL ALLOWANCE IN CONNECTION WITH TRAVEL PERFORMED FROM SAN FRANCISCO, CALIFORNIA, TO RALEIGH, NORTH CAROLINA, WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF DECEMBER 27, 1946, YOUR LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF SUCH SETTLEMENT.

BY ORDERS OF JUNE 30, 1945, U.S. NAVAL RECEIVING SHIP, SAN FRANCISCO, CALIFORNIA, YOU WERE DIRECTED TO PROCEED AND REPORT NOT LATER THAN AUGUST 4, 1945, TO THE OFFICER IN CHARGE, RECRUITING STATION, RALEIGH, NORTH CAROLINA, FOR FURTHER ASSIGNMENT IN ACCORDANCE WITH BUPERS LETTER PERS- 6303-DW-1 P16-3/MM, JANUARY 20, 1945. SAID ORDERS AUTHORIZED A DELAY OF 30 DAYS TO COUNT AS LEAVE AND STATED THAT YOU HAD GIVEN ROUTE 3, BOX 110, ELIZABETH CITY, NORTH CAROLINA, AS YOUR LEAVE ADDRESS AND THAT AT YOUR OWN REQUEST "YOU ARE AUTHORIZED TO TRAVEL AT YOUR OWN EXPENSE, NOT SUBJECT TO REIMBURSEMENT.' IT APPEARS THAT YOU LEFT SAN FRANCISCO ON JUNE 30 AND REPORTED AT RALEIGH ON AUGUST 4, 1945, TRAVEL BEING PERFORMED AT YOUR EXPENSE.

PARAGRAPHS 3 AND 9 OF THE ABOVE-CITED BUPERS LETTER OF JANUARY 20, 1945, PROVIDE, IN PERTINENT PART, AS FOLLOWS:

3. ENLISTED PERSONNEL RETURNING FROM OVERSEAS AND REPORTING FOR ASSIGNMENT BY THE RESPECTIVE SERVICE FORCE SUBORDINATE COMMAND SHOULD BE SCREENED, PAID AND GRANTED REHABILITATION LEAVE TO WHICH ENTITLED UNDER CURRENT LEAVE DIRECTIVES BY THE RECEIVING SHIP OR RECEIVING STATION AT THE PORT OF DEBARKATION, WITH AUTHORITY TO REPORT UPON EXPIRATION OF LEAVE, AT OWN EXPENSE, NOT SUBJECT TO REIMBURSEMENT, TO ONE OF THE FOLLOWING SPECIFIED ACTIVITIES, FOR TEMPORARY DUTY AND FOR FURTHER TRANSFER TO NEW ASSIGNMENT. * * *

9. * * * IT IS CONTEMPLATED THAT MEN WILL ELECT TO REPORT UPON EXPIRATION OF LEAVE TO THE ACTIVITY LISTED IN PAR. THREE (3) HEREOF WHICH IS NEAREST TO LEAVE ADDRESS. MEN WHO DID NOT ELECT TO REPORT TO THE SPECIFIED ACTIVITY NEAREST TO LEAVE ADDRESS MAY BE PERMITTED TO RETURN AT OWN EXPENSE TO THE ACTIVITY FROM WHICH LEAVE WAS GRANTED, EXCEPT THAT IN THE SAN FRANCISCO BAY AREA, ALL MEN RETURNING FROM LEAVE SHOULD BE DIRECTED TO REPORT TO THE NAVAL TRAINING AND DISTRIBUTION CENTER, SHOEMAKER, CALIF.

THE RULE IS WELL ESTABLISHED THAT WHEN A MEMBER OF THE MILITARY SERVICE IS GRANTED LEAVE OF ABSENCE FROM HIS STATION AT THE COMPLETION OF WHICH HE IS PERMITTED, FOR HIS OWN CONVENIENCE, TO REPORT AT A NEW STATION AT OR NEAR HIS PLACE OF LEAVE, RATHER THAN RETURN TO HIS OLD STATION, THE TRAVEL INVOLVED IS REGARDED AS HAVING BEEN PERFORMED INCIDENT TO HIS LEAVE, RATHER THAN IN THE PUBLIC INTEREST, AND THE EXPENSES THEREOF MUST BE BORNE BY THE PERSON CONCERNED. ARTICLE 2500-3 (E) OF THE NAVY TRAVEL INSTRUCTIONS DATED MAY 1, 1944. THE ABOVE QUOTED REGULATIONS APPEAR TO BE IN CONFORMITY WITH SUCH RULE. IF YOU HAD NOT BEEN PERMITTED TO REPORT AT RALEIGH, YOU WOULD HAVE BEEN REQUIRED TO RETURN TO CALIFORNIA AND ALL THE TRAVEL TO AND FROM YOUR HOME WHILE ON LEAVE WOULD HAVE BEEN REQUIRED TO BE PERFORMED AT PERSONAL EXPENSE. SINCE YOUR ORDERS ALLOWED YOU TO REPORT AT RALEIGH RATHER THAN RETURN TO CALIFORNIA, YOU WERE RELIEVED OF THE COSTS OF SUCH RETURN TRAVEL AND YOUR ELECTION TO RECEIVE SUCH BENEFIT UNDER THE REGULATIONS, OF COURSE, DID NOT CHANGE THE CHARACTER OF THE LEAVE TRAVEL PERFORMED UNDER THE ORDERS OF JUNE 30 AND THE EXPENSES OF SUCH TRAVEL MUST BE BORNE BY YOU.