B-159680, MAY 27, 1970, 49 COMP. GEN. 804

B-159680, MAY 27, 1970, 49 COMP. GEN. 804

LEAVES OF ABSENCE -- MILITARY PERSONNEL -- CANCELLATION OF LEAVE -- TRAVEL EXPENSES WHEN THE LEAVE OF ABSENCE GRANTED MEMBERS OF THE UNIFORMED SERVICES IS CANCELED DUE TO EMERGENCY CONDITIONS BROUGHT ABOUT BY ACTUAL CONTINGENCY OPERATIONS OR EMERGENCY WAR OPERATIONS, THE MEMBERS MAY BE RETURNED TO THEIR PERMANENT DUTY STATION AT GOVERNMENT EXPENSE BY THE MOST EXPEDITIOUS MEANS AVAILABLE, REGARDLESS OF THE DAYS OF LEAVE AUTHORIZED OR THE NUMBER OF DAYS THE MEMBERS HAD BEEN IN A LEAVE STATUS, AND PARAGRAPH M6601-1 OF THE JOINT TRAVEL REGULATIONS AMENDED ACCORDINGLY. THE NEED TO RECALL MEMBERS TO DUTY CANNOT BE CONTEMPLATED AT THE TIME THE LEAVE IS AUTHORIZED, AND AS AN ELEMENT OF PUBLIC BUSINESS IS PRESENT IN THE EMERGENCY RETURN OF MEMBERS TO THEIR PERMANENT DUTY STATION, PAYMENT TO THE MEMBERS OF THE COST OF ORDERED RETURN TRAVEL IS JUSTIFIED.

TO THE SECRETARY OF THE NAVY, MAY 27, 1970:

FURTHER REFERENCE IS MADE TO LETTER OF MARCH 31, 1970, FROM THE ASSISTANT SECRETARY OF THE NAVY, REQUESTING A DECISION WHETHER PARAGRAPH M6601-1, JOINT TRAVEL REGULATIONS, MAY BE AMENDED TO PROVIDE FOR RETURN OF MEMBERS OF THE UNIFORMED SERVICES ON AUTHORIZED LEAVE TO PERMANENT DUTY STATIONS AT GOVERNMENT EXPENSE UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 70-20, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY SAYS THAT PARAGRAPH M6601-1, JOINT TRAVEL REGULATIONS, PROVIDES AUTHORITY FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY A MEMBER WHEN ON AUTHORIZED LEAVE OF 5 DAYS OR MORE, WHO IS REQUIRED TO RETURN TO HIS PERMANENT DUTY STATION FOR DUTY WITHIN 24 HOURS AFTER DEPARTURE THEREFROM IN A LEAVE STATUS BECAUSE OF URGENT UNFORESEEN CIRCUMSTANCES WHICH REQUIRE THAT HIS LEAVE BE CANCELED. IT IS PROPOSED TO AMEND THAT PARAGRAPH TO PROVIDE FOR THE RETURN OF MEMBERS OF THE UNIFORMED SERVICES ON AUTHORIZED LEAVE TO PERMANENT DUTY STATIONS AT GOVERNMENT EXPENSE WHEN RECALLED BECAUSE OF ACTUAL CONTINGENCY OPERATIONS OR EMERGENCY WAR OPERATIONS, REGARDLESS OF THE NUMBER OF DAYS THE MEMBERS HAVE BEEN IN A LEAVE STATUS.

THE ASSISTANT SECRETARY EXPLAINS THAT IN ORDER TO MEET THE ESTABLISHED FORCE GENERATION RATES DURING PERIODS OF ADVANCED READINESS CONDITIONS INVOLVING CONTINGENCY OPERATIONS OR EMERGENCY WAR OPERATIONS, IT IS NECESSARY TO RECALL THE COMBAT CREW MEMBERS AND MAINTENANCE PERSONNEL FROM LEAVE STATUS BY THE MOST EXPEDITIOUS MEANS AVAILABLE. IN THOSE SITUATIONS HE BELIEVES THAT THE RETURN OF THESE MEMBERS SHOULD BE AT GOVERNMENT EXPENSE REGARDLESS OF THE NUMBER OF DAYS OF LEAVE AUTHORIZED OR THE NUMBER OF LEAVE DAYS THAT HAVE ELAPSED AT THE TIME OF RECALL.

PARAGRAPH M6601-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

WHEN A MEMBER DEPARTS FROM HIS PERMANENT DUTY STATION FOR THE PURPOSE OF TAKING AN AUTHORIZED LEAVE OF ABSENCE OF 5 DAYS OR MORE AND, BECAUSE OF AN URGENT UNFORESEEN CIRCUMSTANCE, IT IS NECESSARY TO CANCEL THE MEMBER'S AUTHORIZED LEAVE STATUS AND RECALL HIM TO DUTY AT HIS PERMANENT DUTY STATION WITHIN 24 HOURS AFTER HIS DEPARTURE THEREFROM, TRAVEL AND TRANSPORTATION ALLOWANCES WILL BE AUTHORIZED AS PROVIDED IN THIS PART. COMPETENT TRAVEL ORDERS DIRECTING RETURN TO THE PERMANENT STATION FOR DUTY AND SUBSEQUENT RETURN TO LEAVE POINT, IF APPLICABLE, WILL BE ISSUED IN ACCORDANCE WITH ADMINISTRATIVE INSTRUCTIONS OF THE SERVICE CONCERNED.

IN 46 COMP. GEN. 210 (1966), WE CONSIDERED THE LEGAL PROPRIETY OF ADDING THE QUOTED PARAGRAPH M6601-1 TO THE JOINT TRAVEL REGULATIONS. APPROVING THE REGULATIONS, WE STATED THAT TRAVEL AT GOVERNMENT EXPENSE IS AUTHORIZED ONLY FOR THE CONDUCT OF PUBLIC BUSINESS AND THAT THE ELEMENT OF PUBLIC BUSINESS HAS NORMALLY BEEN CONSIDERED AS LACKING WHEN MEMBERS OF THE UNIFORMED SERVICES TRAVEL PRIMARILY FOR CONVENIENCE OR PLEASURE IN CIRCUMSTANCES SUCH AS IN CONNECTION WITH AUTHORIZED LEAVE OF ABSENCE FROM THE PERFORMANCE OF MILITARY DUTY. WE POINTED OUT, HOWEVER, THAT WHEN SUCH LEAVE HAS BEEN INTERRUPTED FOR THE PERFORMANCE OF TEMPORARY DUTY AWAY FROM THEIR PERMANENT STATION, TRAVEL UNDER ORDERS FROM THE LEAVE POINT OR PLACE OF RECEIPT OF ORDERS TO TEMPORARY DUTY STATION AND RETURN TO THE LEAVE POINT OR TO THE PERMANENT DUTY STATION, AS AUTHORIZED BY PARAGRAPHS M4207 AND M4257, JOINT TRAVEL REGULATIONS, HAS BEEN REGARDED AS TRAVEL ON PUBLIC BUSINESS.

WE STATED FURTHER THAT:

THE PAYMENT OF EXPENSES OF TRAVEL INCURRED BY THE MEMBER IN RETURNING TO HIS STATION AT THE CONCLUSION OF THE AUTHORIZED LEAVE PERIOD FOR THE RESUMPTION OF HIS REGULAR DUTIES CLEARLY IS A PERSONAL OBLIGATION. HOWEVER, IN THE CIRCUMSTANCES SET FORTH IN THE PROPOSED AMENDMENT TO THE REGULATIONS, WHERE THE AUTHORIZED LEAVE IS INTERRUPTED AND THE MEMBER REQUIRED TO RETURN TO HIS DUTY STATION FOR THE PERFORMANCE OF A DUTY UNDER CIRCUMSTANCES NOT CONTEMPLATED WHEN THE LEAVE OF ABSENCE WAS GRANTED, WE SEE LITTLE DIFFERENCE BETWEEN HIS SITUATION AND THAT OF ANOTHER MEMBER WHOSE LEAVE IS INTERRUPTED FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AT A POINT REMOVED FROM HIS REGULAR DUTY STATION INSOFAR AS THE PRESENCE OF THE ELEMENT OF PUBLIC BUSINESS IN THE PERFORMANCE OF THE REQUIRED TRAVEL IS CONCERNED.

THE EMERGENCY CONDITIONS BROUGHT ABOUT BY ACTUAL CONTINGENCY OPERATIONS OR EMERGENCY WAR OPERATIONS AS DESCRIBED BY THE ASSISTANT SECRETARY REQUIRING THE RECALL OF MEMBERS OF THE UNIFORMED SERVICES ON AUTHORIZED LEAVE TO THEIR PERMANENT STATION BY THE MOST EXPEDITIOUS MEANS AVAILABLE WOULD APPEAR TO INVOLVE CIRCUMSTANCES NOT CONTEMPLATED WHEN THE LEAVE OF ABSENCE WAS GRANTED AND CLEARLY THE ELEMENT OF PUBLIC BUSINESS WOULD BE PRESENT IN ANY TRAVEL REQUIRED TO BE PERFORMED BY THE MEMBERS IN RETURNING TO THEIR DUTY STATIONS IN SUCH CASES. THUS, THE BASIS FOR OUR APPROVAL OF THE REGULATIONS CONSIDERED IN 46 COMP. GEN. 210 IS EQUALLY APPLICABLE TO THE PRESENT PROPOSAL AND WE PERCEIVE NO JUSTIFICATION FOR DENYING PAYMENT OF THE COST OF THE ORDERED TRAVEL TO THE MEMBERS WHO WOULD BE COVERED BY THE CHANGED REGULATIONS CONTEMPLATED BY THE PRESENT PROPOSAL.

ACCORDINGLY, WE HAVE NO OBJECTION TO THE AMENDMENT TO THE REGULATIONS AS PROPOSED.