B-141572, MAR. 18, 1960

B-141572, MAR. 18, 1960

TO MR. RONALD J. WELLS-HENDERSON:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 5, 1959, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $239.14, INCIDENT TO YOUR SERVICE AS A COMMISSIONED OFFICER, UNITED STATES ARMY RESERVE.

BY LETTER ORDER NO. R-AD 672, DATED DECEMBER 20, 1955, HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING FOR SIX MONTHS EFFECTIVE JANUARY 15, 1956. THE ORDERS DIRECTED YOU TO PROCEED ON THAT DATE FROM YOUR HOME, MERCER ISLAND (SEATTLE), WASHINGTON, AND REPORT TO FORT LEE, VIRGINIA, NOT LATER THAN JANUARY 25, 1956. TRAVEL BY AIR, RAIL OR BUS WAS AUTHORIZED. ON THE BASIS OF YOUR STATEMENT THAT YOU DEPARTED VIA PRIVATELY OWNED CONVEYANCE FROM SEATTLE, WASHINGTON, ON JANUARY 13, 1956, AND ARRIVED AT FORT LEE ON JANUARY 25, 1956, YOU WERE CREDITED WITH ACTIVE DUTY PAY AND ALLOWANCES EFFECTIVE JANUARY 15, 1956. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, HOWEVER, WE TOOK EXCEPTION TO THE PAYMENT OF SUCH PAY AND ALLOWANCES FOR THE PERIOD JANUARY 15 THROUGH 20, 1956. AS A RESULT, YOU WERE ADVISED THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $71.14 FOR SUCH PAY AND ALLOWANCES. WE ALSO TOOK EXCEPTION TO THE PAYMENT TO YOU OF PER DIEM FOR THE 42 DAYS FROM JANUARY 26 THROUGH MARCH 7, 1956, AT THE RATE OF $4 PER DAY AND YOU WERE ADVISED THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $168 FOR SUCH PER DIEM, OR A TOTAL INDEBTEDNESS OF $239.14.

BY LETTER DATED SEPTEMBER 18, 1959, TO HONORABLE CHARLES A. BOYLE, HOUSE OF REPRESENTATIVES, A COPY OF WHICH LETTER WAS SENT TO YOU BY CONGRESSMAN BOYLE, AND BY LETTER DATED NOVEMBER 9, 1959, TO YOU, OUR CLAIMS DIVISION ADVISED CONGRESSMAN BOYLE AND YOURSELF THAT APPLICABLE REGULATIONS ISSUED PURSUANT TO STATUTORY AUTHORITY AND EXECUTIVE ORDER PROVIDE THAT THE PAY STATUS OF A MEMBER BEGINS ON THE DATE THE MEMBER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY EITHER FOR TRAINING OR MOBILIZATION TO AND INCLUDING THE DATE HE IS RELIEVED FROM ACTIVE DUTY. THE LETTERS ALSO ADVISED THAT THE TRAVEL TIME FOR ACTIVE DUTY PAY AND ALLOWANCES IS BASED UPON ACTUAL AND NECESSARY SCHEDULES WHICH MOST NEARLY COINCIDE WITH THE DATE AND HOUR THAT THE MEMBER WOULD BE REQUIRED TO DEPART HIS HOME, BY PUBLIC TRANSPORTATION, IN ORDER TO REPORT ON THE DATE SPECIFIED IN THE ORDERS IF THE TRAVEL IS PERFORMED, AS IN THIS CASE, BY PRIVATELY OWNED CONVEYANCE, WITHOUT BEING SPECIFICALLY AUTHORIZED.

TRAVEL BY RAIL WOULD HAVE PERMITTED YOU TO LEAVE SEATTLE ON JANUARY 21, 1956, AND REPORT AT FORT LEE ON JANUARY 25, 1956, THE LATEST REPORTING DATE SPECIFIED IN YOUR ORDERS. THEREFORE, PAY AND ALLOWANCE PAID TO YOU FOR THE PERIOD JANUARY 15 THROUGH 20, 1956, WERE UNAUTHORIZED AND MUST BE REFUNDED. THE CLAIMS DIVISION LIKEWISE ADVISED THAT SINCE PARAGRAPH 6001, CHANGE 35, DATED JUNE 1, 1955, JOINT TRAVEL REGULATIONS, SPECIFICALLY PROVIDES THAT NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT A TRAINING DUTY STATION, PAYMENT OF PER DIEM TO YOU FOR THE PERIOD FROM JANUARY 26 THROUGH MARCH 7, 1956, WAS UNAUTHORIZED. BY LETTER OF DECEMBER 5, 1959, YOU CONTEND, IN EFFECT, THAT YOUR RIGHT TO PAY AND ALLOWANCES SHOULD ARISE ON THE BASIS OF A LITERAL COMPLIANCE BY YOU WITH THE ORDERS OF DECEMBER 20, 1955, AS WRITTEN, NAMELY, THAT YOU WERE ORDERED TO ACTIVE DUTY COMMENCING JANUARY 15, 1956. YOU ALSO CONTEND THAT YOU ARE ENTITLED TO PER DIEM FROM JANUARY 26 THROUGH APRIL 2, 1956, SINCE YOUR ORDERS PROVIDED THAT YOU WERE ON TEMPORARY DUTY PENDING FURTHER ORDERS DURING THAT PERIOD.

WHILE THE ORDERS OF DECEMBER 21, 1955, DIRECTED YOU TO PROCEED FROM YOUR HOME ON JANUARY 15, 1956, AND PERMITTED YOU TO DELAY REPORTING AT FORT LEE UNTIL JANUARY 25, 1956, YOU WERE NOT REQUIRED TO DELAY REPORTING FOR DUTY AT THAT PLACE UNTIL JANUARY 25. IT IS NOT KNOWN WHY TRAVEL WAS DIRECTED TO COMMENCE ON JANUARY 15, 1956. POSSIBLY, THIS WAS DONE TO PERMIT YOU TO TRAVEL BY PRIVATELY OWNED CONVEYANCE IF YOU SO DESIRED. HOWEVER, SINCE TRAVEL BY THAT MEANS WAS NOT AUTHORIZED, THERE IS NO AUTHORITY FOR PAYMENT OF MORE THAN 5 DAYS' CONSTRUCTIVE RAIL TRAVEL TIME FROM SEATTLE TO FORT LEE. WE HAVE NO INFORMATION AS TO WHY YOU WERE NOT ADVISED IN YOUR ORDERS OF THE ALLOWABLE TRAVEL TIME, THE ORDERS HAVING BEEN ISSUED BY THE DEPARTMENT OF THE ARMY.

WITH RESPECT TO THE PAYMENT OF PER DIEM TO YOU FOR THE PERIOD JANUARY 26 TO APRIL 2, 1956, AS YOU HAVE BEEN ADVISED, PARAGRAPH 6001, CHANGE 35, DATED JUNE 1, 1955, OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, SPECIFICALLY PROVIDES THAT NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE TO MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES CALLED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR ANY PERIODS WHILE AT THEIR TRAINING DUTY STATIONS. THE BASIS FOR THAT LIMITATION IS THAT SINCE THE TRAINING DUTY STATION IS THE MEMBER'S ONLY DUTY STATION, HE MAY NOT WHILE THERE BE CONSIDERED AS IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949. WHERE, AS HERE, A RESERVE OFFICER IS ORDERED TO ACTIVE DUTY FOR TRAINING AT A COURSE OF INSTRUCTION, THAT PLACE MUST BE REGARDED AS "HIS TRAINING DUTY STATION" WITHOUT REGARD TO THE LENGTH OF THE COURSE OF INSTRUCTION, THE DESIGNATION OF SUCH DUTY AS TEMPORARY DUTY, OR WHETHER HE LATER IS ORDERED TO ANOTHER STATION TO COMPLETE HIS TRAINING DUTY. HENCE, PROVISION "TDPFO" IN YOUR ORDERS OF DECEMBER 20, 1955, INDICATING THAT YOUR ASSIGNMENT AT FORT LEE, VIRGINIA, WOULD BE A TEMPORARY DUTY ASSIGNMENT, AND WHICH PROVISION WAS DELETED BY AN AMENDMENT DATED APRIL 2, 1956, WAS WITHOUT EFFECT TO PLACE YOU IN A STATUS ENTITLING YOU TO THE PAYMENT OF PER DIEM. THEREFORE, THE PAYMENT OF PER DIEM TO YOU FOR THE PERIOD JANUARY 26 TO MARCH 7, 1956, WAS UNAUTHORIZED.

IN VIEW OF THE FOREGOING, IT HAS PROPERLY BEEN DETERMINED THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE TOTAL AMOUNT OF $239.14, AND YOU ARE AGAIN REQUESTED TO REMIT THAT SUM, BY CHECK, DRAFT OR MONEY ORDER, PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, ADDRESSED AS FOLLOWS:

U.S. GENERAL ACCOUNTING OFFICE

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