B-146635, OCT. 16, 1961

B-146635, OCT. 16, 1961

TO CAPTAIN PHILIP M. CORBOY, MC, USNR-R:

REFERENCE IS MADE TO YOUR LETTER OF JULY 29, 1961, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSE INCURRED IN YOUR TRAVEL FROM TOKYO, JAPAN, TO HONOLULU, HAWAII, OCTOBER 29, 1960, WHICH CLAIM WAS DISALLOWED BY THIS OFFICE IN SETTLEMENT DATED JULY 18, 1961.

IN A COMMUNICATION DATED MARCH 24, 1961, FROM THE COMMANDANT, FOURTEENTH NAVAL DISTRICT, IT WAS STATED THAT IT WAS ERRONEOUSLY ASSUMED AT FOURTEENTH NAVAL DISTRICT HEADQUARTERS, THAT ANNUAL EYE EXAMINATIONS OF CERTAIN NAVAL PERSONNEL AT MIDWAY ISLAND WERE REQUIRED AND THAT YOU HAD CONTACTED THE STAFF MEDICAL DEPARTMENT AND INFORMED THEM YOU WERE CONTEMPLATING A TRIP TO JAPAN AND WOULD CONDUCT THESE EXAMINATIONS ON YOUR RETURN TRIP, THE TRIP TO JAPAN BEING PREDICATED ON THE ISSUANCE OF ORDERS FOR TRAVEL BY GOVERNMENT AIRCRAFT FROM JAPAN TO HONOLULU VIA MIDWAY. THEREAFTER, BY LETTER OF SEPTEMBER 25, 1960, YOU REQUESTED APPROPRIATE DUTY WITHOUT PAY DURING THE PERIOD OCTOBER 27 TO NOVEMBER 1, 1960, IN ORDER TO CARRY OUT SLIT-LAMP EXAMINATIONS OF NAVAL PERSONNEL AT MIDWAY ISLAND. ORDERS WERE ISSUED OCTOBER 3, 1960, ADDRESSED TO YOU IN HONOLULU WHEREBY YOU WERE AUTHORIZED TO PERFORM APPROPRIATE DUTY WITHOUT PAY, AS REQUESTED, FROM OCTOBER 27 THROUGH NOVEMBER 1, 1960. THE ORDERS DIRECTED FURTHER THAT UPON RECEIPT THEREOF, YOU WERE TO REPORT ON OR ABOUT OCTOBER 21, 1960, TO THE NAVAL AIR TRANSPORTATION COORDINATING OFFICER, UNITED STATES AIR FORCE, TACHIKAWA, JAPAN, IN ORDER TO REPORT TO THE COMMANDING OFFICER, NAVAL STATION, MIDWAY, FOR THE PURPOSE OF CONDUCTING THE REQUIRED EXAMINATIONS. TRAVEL VIA GOVERNMENT AIR AT NO EXPENSE TO THE GOVERNMENT WAS AUTHORIZED. HOWEVER, AT THE TIME OF YOUR REPORTING AT TACHIKAWA, A QUESTION AROSE AS TO THE AUTHORITY FOR PROVIDING YOU GOVERNMENT AIR TRANSPORTATION, AND ON OCTOBER 26, 1960, WHILE YOU WERE STILL AT THAT BASE, YOUR ORDERS WERE CANCELED, FOR THE REASON THAT THE FOURTEENTH NAVAL DISTRICT HAD NO AUTHORITY TO AUTHORIZE SPACE AVAILABLE TRANSPORTATION FOR INACTIVE NAVAL RESERVE OFFICERS, AND, ALSO, BECAUSE IT WAS DISCOVERED THAT THE REQUIREMENT FOR THE EYE EXAMINATIONS AT MIDWAY ISLAND DID NOT EXIST.

AS A RESULT OF THE CANCELLATION OF THE ORDERS OF OCTOBER 3, 1960, YOU WERE REQUIRED TO OBTAIN COMMERCIAL AIR TRANSPORTATION FROM JAPAN BACK TO HONOLULU AT A COST OF APPROXIMATELY $400. IN YOUR CLAIM FOR REIMBURSEMENT OF THAT AMOUNT, YOU STATED THAT YOU HAD PERFORMED TRAVEL TO JAPAN AND ACCEPTED YOUR ORDERS IN GOOD FAITH AND CONSEQUENTLY THAT YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT FOR THE EXPENSES OF YOUR TRAVEL HOME FROM JAPAN. IN YOUR LETTER OF JULY 29, 1961, YOU STATE THAT YOU DID NOT PLAN A TRIP TO JAPAN FOR PERSONAL REASONS PRIOR TO ASKING FOR THE ORDERS, AND HAD NO PERSONAL REASON TO REVISIT JAPAN, BUT THAT YOUR TRIP WAS PLANNED ONLY ON A PRESUMPTION THAT THESE ORDERS WERE TO BE SO WRITTEN BY THE COMMANDANT, FOURTEENTH NAVAL DISTRICT. YOU BELIEVE THAT THOUGH THE ORDERS WERE ISSUED IN ERROR, IT WAS NOT FAIR FOR YOU TO PROCEED UNDER SET OF ORDERS IN GOOD FAITH AND FOR SUCH ORDERS TO BE CANCELED WHILE YOU WERE IN A FOREIGN COUNTRY LEAVING YOU STRANDED AND REQUIRING YOU TO BORROW MONEY IN ORDER TO RETURN HOME.

SECTION 501 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED AND IN EFFECT AT THE TIME OF THE TRAVEL IN QUESTION, 37 U.S.C. 301 (B), PROVIDES THAT MEMBERS OF THE VARIOUS RESERVE FORCES WHEN AUTHORIZED TO PERFORM ADDITIONAL TRAINING OR OTHER DUTY WITHOUT PAY MAY, IN THE DISCRETION OF THE SECRETARY CONCERNED, BE FURNISHED WITH TRANSPORTATION IN KIND TO AND FROM SUCH DUTY. IT WAS CONTEMPLATED BY THAT PROVISION THAT GOVERNMENT TRANSPORTATION MAY BE FURNISHED FOR THE TRAVEL REQUIRED TO ENABLE THE MEMBER TO PROCEED FROM THE PLACE FROM WHICH ORDERED TO THE ASSIGNED DUTY STATION, AND RETURN.

IT HAS LONG BEEN THE RULE THAT NO TRAVEL IS REQUIRED UNDER TRAVEL ORDERS UNTIL SUCH TIME AS THE MEMBER MUST DEPART BY THE USUAL MEANS OF TRANSPORTATION TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY HIS ORDERS, AND THAT IF FOR REASONS OF PERSONAL INTEREST OR CONVENIENCE HE DEPARTS ON AN EARLIER DATE THAN REQUIRED AND THE ORDERS ARE AMENDED OR CANCELED BEFORE THE DATE OF NECESSARY DEPARTURE, THE EXPENSES OF ANY TRAVEL OCCASIONED BY THE EARLY DEPARTURE THAT WOULD NOT HAVE BEEN REQUIRED UNDER THE ORDERS AFTER THEIR AMENDMENT OR CANCELLATION MUST BE BORNE BY THE TRAVELER. 33 COMP. GEN. 289. WHILE YOU CONTEND THAT YOU DID NOT PLAN YOUR TRIP TO JAPAN FOR PERSONAL REASONS PRIOR TO REQUESTING THE ISSUANCE OF THE ORDERS, IT SEEMS APPARENT THAT THE GOVERNMENT'S INTEREST IN THE MATTER WOULD HAVE BEEN BEST SERVED BY AUTHORIZING YOUR TRAVEL FROM YOUR HOME IN HONOLULU TO MIDWAY ISLAND AND RETURN IN CONNECTION WITH THE CONTEMPLATED DUTY ASSIGNMENT AND THAT THE AUTHORIZATION TO TRAVEL FROM TACHIKAWA RATHER THAN HONOLULU WAS INCLUDED IN THE ORDERS AS A MATTER OF CONVENIENCE TO YOU. IT APPEARS THAT YOUR ORDERS WERE CANCELED AND THAT YOU COULD HAVE BEEN ADVISED OF SUCH CANCELLATION BEFORE ANY TRAVEL WOULD HAVE BEEN REQUIRED HAD YOUR ORDERS NOT BEEN WRITTEN AS THEY WERE FOR YOUR CONVENIENCE AND HAD YOU REMAINED IN HONOLULU UNTIL SUCH TIME AS YOU WOULD HAVE BEEN REQUIRED TO PROCEED TO MIDWAY ISLAND. UPON THE DETERMINATION OF THE FACT THAT YOUR SERVICES WERE NOT NEEDED AT MIDWAY ISLAND THERE NO LONGER WOULD HAVE EXISTED ANY AUTHORITY TO DIRECT YOUR TRAVEL TO THAT PLACE. UNDER THE CIRCUMSTANCES IT MUST BE CONCLUDED THAT YOUR TRAVEL WAS OCCASIONED BY YOUR EARLY DEPARTURE FOR PERSONAL REASONS TO VISIT JAPAN, AND SINCE THERE WOULD HAVE BEEN NO AUTHORITY TO PROVIDE TRANSPORTATION IN KIND FROM YOUR HOME TO MIDWAY ISLAND UPON THE CANCELLATION OF THE ORDERS, IT NECESSARILY FOLLOWS THAT NO AUTHORITY EXISTS FOR THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF YOUR TRAVEL.