B-159680, SEPTEMBER 12, 1966, 46 COMP. GEN. 210

B-159680, SEPTEMBER 12, 1966, 46 COMP. GEN. 210

TRAVEL EXPENSES - MILITARY PERSONNEL - LEAVES OF ABSENCE - OFFICIALLY INTERRUPTED. ALTHOUGH THE PAYMENT OF TRAVEL EXPENSES INCURRED BY A MEMBER OF THE UNIFORMED SERVICES RETURNING TO HIS PERMANENT STATION AT THE CONCLUSION OF A PERIOD OF AUTHORIZED LEAVE FOR THE RESUMPTION OF HIS REGULAR DUTIES IS A PERSONAL OBLIGATION, WHERE THE AUTHORIZED LEAVE OF ABSENCE OF 5 DAYS OR MORE IS INTERRUPTED WITHIN 24 HOURS AFTER THE MEMBER'S DEPARTURE AND HE IS REQUIRED TO RETURN TO HIS DUTY STATION FOR THE PERFORMANCE OF DUTY UNDER CIRCUMSTANCES NOT CONTEMPLATED WHEN THE LEAVE OF ABSENCE WAS GRANTED, THE ELEMENT OF "PUBLIC BUSINESS" IS PRESENT IN THE REQUIRED TRAVEL, AND THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE PAYMENT OF TRAVEL FROM A LEAVE POINT TO THE PERMANENT DUTY STATION AND RETURN WHEN THE AUTHORIZED LEAVE OF A MEMBER IS INTERRUPTED BY CIRCUMSTANCES ARISING AFTER HIS DEPARTURE ON LEAVE.

TO THE SECRETARY OF THE ARMY, SEPTEMBER 12, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 2, 1966, WITH ENCLOSURES, REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS, VOLUME 1, MAY BE AMENDED TO PROVIDE FOR TRAVEL OF MILITARY MEMBERS AT GOVERNMENT EXPENSE FROM A LEAVE POINT TO THE PERMANENT DUTY STATION AND RETURN WHEN AUTHORIZED LEAVE IS INTERRUPTED BECAUSE OF CIRCUMSTANCES ARISING AFTER A MEMBER'S DEPARTURE ON LEAVE. THE REQUEST WAS ASSIGNED CONTROL NO. 66-28 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

YOU REFER TO PARAGRAPH M6452 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES CURRENTLY THAT A MEMBER WHO IS ORDERED TO RETURN FROM LEAVE TO HIS OFFICIAL DUTY STATION MUST ASSUME THE EXPENSE INVOLVED IN RETURNING. YOU POINT OUT, HOWEVER, THAT FOR CIVILIAN PERSONNEL, PARAGRAPH C10102-4, JOINT TRAVEL REGULATIONS, VOLUME 2, PROVIDES THAT WHEN A CIVILIAN EMPLOYEE DEPARTS FROM HIS PERMANENT STATION FOR THE PURPOSE OF TAKING LEAVE OF 5 DAYS OR MORE AND, BECAUSE OF AN URGENT OR UNFORESEEN CIRCUMSTANCE, IT IS NECESSARY TO CANCEL HIS LEAVE AND RECALL HIM TO HIS PERMANENT DUTY STATION WITHIN 24 HOURS AFTER DEPARTURE THEREFROM, THE RETURN TRAVEL MAY BE AUTHORIZED TRAVEL AT GOVERNMENT EXPENSE FOR RETURN TO THE LEAVE POINT.

YOU EXPRESS THE VIEW THAT SUBSTANTIALLY SIMILAR PROVISIONS SHOULD BE MADE APPLICABLE TO MEMBERS OF THE UNIFORMED SERVICES. TO ACCOMPLISH THIS IT IS PROPOSED TO RESCIND PARAGRAPH M6452 OF THE JOINT TRAVEL REGULATIONS, VOLUME 1, AND ADD A NEW PART M AS FOLLOWS:

M 6600 GENERAL

PART M: RECALL FROM LEAVE TO PERMANENT DUTY STATION FOR DUTY

EXCEPT AS PROVIDED IN M 6601, A MEMBER ON LEAVE WHO DEPARTS FROM HIS DUTY STATION DOES SO AT HIS OWN RISK. IF, WHILE AT OR EN ROUTE TO A LEAVE POINT, HE IS DIRECTED TO RETURN TO HIS PERMANENT STATION FOR DUTY AFTER HAVING BEEN ON LEAVE IN EXCESS OF 24 HOURS, HE WILL BEAR ANY COST INCURRED IN RETURNING. FOR CASES INVOLVING THE INTERRUPTION OF LEAVE FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AWAY FROM THE PERMANENT STATION, SEE M 4207 AND M 4256, AS APPLICABLE.

M 6601 AUTHORIZED LEAVE OF FIVE DAYS OR MORE CANCELED WITHIN 24 HOURS

AFTER DEPARTURE

1. GENERAL. 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 STATIONS FOR DUTY AND SUBSEQUENT RETURN TO LEAVE POINT, IF APPLICABLE, WILL BE ISSUED IN ACCORDANCE WITH ADMINISTRATIVE INSTRUCTIONS OF THE SERVICE CONCERNED.

2. ALLOWANCES AUTHORIZED. FOR ALL NECESSARY TRAVEL UNDER THIS PART, A MEMBER SHALL BE ENTITLED TO THE TRAVEL AND TRANSPORTATION ALLOWANCES DESCRIBED IN PAR. M 4202 COMPUTED IN ACCORDANCE WITH THE TEMPORARY DUTY RULES PRESCRIBED IN CHAPTER 4, PARTS E AND F, AS APPLICABLE, COMMENCING WITH DEPARTURE FROM THE LEAVE POINT OR PLACE THE MEMBER RECEIVED ORDERS CANCELING HIS LEAVE AND WILL TERMINATE UPON ARRIVAL AT THE PERMANENT STATION IN THE SAME MANNER AS FOR RETURN FROM TEMPORARY DUTY. NO PER DIEM ALLOWANCES SHALL BE PAYABLE WHILE ON DUTY AT THE PERMANENT STATION. IF HE IS AUTHORIZED TO RESUME HIS LEAVE, ALLOWANCES AS PRESCRIBED IN THIS PARAGRAPH SHALL ALSO BE PAYABLE COMMENCING WITH DEPARTURE FROM THE DUTY STATION AND TERMINATING UPON ARRIVAL AT A LEAVE POINT NO FURTHER DISTANCE FROM THE PERMANENT STATION THAN THE PLACE AT WHICH HE RECEIVED ORDERS CANCELING HIS LEAVE. ALLOWANCES FOR THE DAY OF ARRIVAL AT THE LEAVE POINT WILL BE COMPUTED AS FOR THE DAY OF RETURN TO A PERMANENT DUTY STATION FROM TEMPORARY DUTY.

IT LONG HAS BEEN HELD THAT TO AUTHORIZE PAYMENT FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES THE TRAVEL MUST BE PERFORMED ON PUBLIC BUSINESS SINCE PUBLIC BUSINESS IS THE FOUNDATION ON WHICH THE RIGHT TO TRAVEL ALLOWANCES RESTS. PERRIMOND V. UNITED STATES, 19 CT. CL. DAY V. AY V. UNITED STATES, 123 CT. CL. 10, 18; 36 COMP. GEN. 257. CONSISTENT WITH THAT CONCEPT PARAGRAPH M3050-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE TRAVELING AWAY FROM THEIR PERMANENT DUTY STATIONS "UPON PUBLIC BUSINESS;,

WHILE THE ELEMENT OF PUBLIC BUSINESS GENERALLY HAS BEEN CONSIDERED AS LACKING WHERE MEMBERS TRAVEL PRIMARILY FOR REASONS OF PERSONAL CONVENIENCE OR PLEASURE IN CIRCUMSTANCES SUCH AS IN CONNECTION WITH AUTHORIZED LEAVE OF ABSENCE FROM THE PERFORMANCE OF MILITARY DUTY, THE PRESENCE OF PUBLIC BUSINESS HAS BEEN RECOGNIZED BY THE JOINT TRAVEL REGULATIONS AND REIMBURSEMENT OF EXPENSES AUTHORIZED (PARAGRAPHS M4207 AND M4257) WHERE LEAVE HAS BEEN INTERRUPTED FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AWAY FROM THE PERMANENT STATION. THE ALLOWANCES AUTHORIZED COVER TRAVEL FROM THE LEAVE POINT OR PLACE OF RECEIPT OF ORDERS TO TEMPORARY DUTY STATION AND RETURN TO THE LEAVE POINT, OR TO THE PERMANENT STATION. SUCH TRAVEL, INCLUDING RETURN TO THE LEAVE POINT, HAS BEEN REGARDED AS TRAVEL ON PUBLIC BUSINESS UNDER ORDERS.

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. CONSEQUENTLY, WE WILL NOT OBJECT TO THE AMENDMENT OF THE REGULATIONS AS PROPOSED.