B-146635, AUG. 6, 1962

B-146635, AUG. 6, 1962

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

REFERENCE IS MADE TO A LETTER OF JUNE 20, 1962, WRITTEN IN YOUR BEHALF BY MR. A. WILLIAM BARLOW, ATTORNEY AT LAW, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSE INCURRED IN YOUR TRAVEL FROM TOKYO, JAPAN, TO HONOLULU, HAWAII, ON OCTOBER 29, 1960.

MR. BARLOW STATES THAT YOU WERE ORDERED TO REPORT TO THE NAVY AIR TRANSPORTATION COORDINATING OFFICER, U.S. AIR FORCE BASE, TACHIKAWA, JAPAN, ON OR ABOUT OCTOBER 21, 1960, FOR TRANSPORTATION TO MIDWAY ISLAND TO CARRY OUT SLIT-LAMP EYE EXAMINATIONS, WHICH ORDERS WERE CANCELLED OCTOBER 26, 1960, WHILE YOU WERE AWAITING TRANSPORTATION, ONE DAY BEFORE YOU WERE REQUIRED TO COMMENCE ACTIVE DUTY AT MIDWAY. HE STATES FURTHER THAT IT WAS FROM TACHIKAWA THAT YOU WERE TO TRAVEL BY AIR TO MIDWAY ISLAND AND NOT FROM HONOLULU AND IT WAS WHILE YOU WERE EN ROUTE TO YOUR ASSIGNED DUTY STATION THAT THE ORDERS WERE CANCELLED. HE ADMITS THAT HAD YOU REMAINED IN HONOLULU, THE EXPENDITURE WOULD NOT HAVE BEEN INCURRED, BUT HE SAYS THAT THE ORDERS DIRECTED YOU TO REPORT TO TACHIKAWA, JAPAN, ON OR ABOUT OCTOBER 21, 1960, FOR FURTHER TRANSPORTATION TO MIDWAY IN VIEW OF WHICH YOUR CLAIM SHOULD BE ALLOWED.

IN OUR DECISION TO YOU, B-146635, DATED OCTOBER 16, 1961, WE STATED THE GENERAL 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 IF FOR REASONS OF PERSONAL INTEREST OR CONVENIENCE HE DEPARTS ON AN EARLIER DATE THAN REQUIRED AND THE ORDERS ARE AMENDED OR CANCELLED 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. WE STATED FURTHER THAT IT SEEMED 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 FROM HONOLULU WAS INCLUDED IN THE ORDERS AS A MATTER OF CONVENIENCE TO YOU.

THE ORDERS OF OCTOBER 3, 1960, ADDRESSED TO YOU IN HONOLULU, MADE NO PROVISION FOR YOU TO TRAVEL BY GOVERNMENT TRANSPORTATION OR AT GOVERNMENT EXPENSE TO TACHIKAWA, JAPAN. IT IS AGAIN EMPHASIZED THAT THE AUTHORIZATION IN THE ORDERS FOR YOU TO TRAVEL BY GOVERNMENT AIR FROM TACHIKAWA TO MIDWAY WAS PURSUANT TO YOUR REQUEST AND WAS ARRANGED AS A MATTER OF CONVENIENCE TO YOU SO AS TO COINCIDE WITH TRAVEL TO JAPAN FOR PERSONAL REASONS. WHILE YOUR ATTORNEY STATES THAT YOU WERE EN ROUTE TO YOUR ASSIGNED DUTY STATION WHEN YOUR ORDERS WERE CANCELLED, YOU HAD NOT COMMENCED ANY OFFICIAL TRAVEL UNDER YOUR ORDERS, THE TRAVEL YOU HAD PERFORMED TO JAPAN HAVING BEEN FOR REASONS OF PERSONAL INTEREST AND YOUR ORDERS WERE CANCELLED BEFORE YOU ENTERED AN OFFICIAL TRAVEL STATUS. THEREFORE, UPON THE CANCELLATION OF THE ORDERS OF OCTOBER 3, 1960, ON OCTOBER 26, 1960, YOU NO LONGER HAD ANY RIGHT TO TRANSPORTATION UNDER THE ORDERS, YOUR RIGHTS IN THE MATTER BEING NO GREATER THAN YOU WOULD HAVE HAD UNDER ORDERS CANCELLED BEFORE YOUR DEPARTURE WHICH PROVIDED FOR TRAVEL FROM HONOLULU TO MIDWAY ISLAND. IT NECESSARILY FOLLOWS THAT NO AUTHORITY EXISTS FOR THE PAYMENT FROM PUBLIC FUNDS FOR ANY EXPENSES INCURRED BY YOU IN TRAVELING FROM TOKYO, JAPAN, TO HONOLULU. WE REGRET THE PERSONAL EXPENSE AND INCONVENIENCE WHICH RESULTED FROM THE ISSUANCE AND CANCELLATION OF YOUR ORDERS BUT HAVE NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.