B-113034, FEB 9, 1953

B-113034, FEB 9, 1953

PRECIS-UNAVAILABLE

MR. PERRY J. SCHWENKE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1952, RELATIVE TO THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED OCTOBER 29, 1952, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR FEBRUARY 29, 1952, AS PART OF YOUR ACTIVE DUTY AS A RADARMAN SEAMAN, UNITED STATES NAVAL RESERVE.

BY RELEASE FROM ACTIVE DUTY ORDERS OF FEBRUARY 21, 1952, YOU WERE DETACHED AT 11 A.M., FEBRUARY 27, 1952, AND DIRECTED TO PROCEED TO YOUR HOME AT YOAKUM, TEXAS, TWO DAYS' TRAVEL TIME BEING GRANTED THEREIN UPON THE TERMINATION OF WHICH AT MIDNIGHT, FEBRUARY 29, 1952, YOU WERE TO REGARD YOURSELF RELEASED FROM ALL ACTIVE DUTY. IT IS STATED THAT YOU DEPARTED FROM YOUR LAST STATION AT NORFOLK, VIRGINIA, AT 12:55 P.M. ON FEBRUARY 27 AND PROCEEDED THENCE TO HOUSTON, TEXAS, BY COMMERCIAL AIRCRAFT, FROM WHICH PLACE YOU TRAVELED BY PRIVATELY OWNED CONVEYANCE TO YOUR HOME. YOUR ITINERARY OF TRAVEL SHOWS THAT YOU STOPPED AT NEW ORLEANS, LOUISIANA, FOR OVER 24 HOURS, AND THAT YOU ARRIVED AT YOUR HOME AT 6 P.M., FEBRUARY 29, 1952.

YOUR RIGHT TO PAY FOR TRAVEL TIME TO YOUR HOME, IS GOVERNED BY EXECUTIVE ORDER NO. 10153, AUGUST 17, 1950 - ISSUED UNDER AUTHORITY CONTAINED IN SECTION 201(E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807 - SECTION 1 OF WHICH PROVIDES, AS FOLLOWS:

"SECTION 1. IN CASE TRAVEL BY PUBLIC TRANSPORTATION IS AUTHORIZED, THE TRAVEL TIME INCLUDED AS ACTIVE DUTY SHALL BE BASED UPON ACTUAL AND NECESSARY SCHEDULES WHICH MOST NEARLY COINCIDE WITH THE POSSIBLE TIME OF DEPARTURE AND ARRIVAL BY THE MODE OF TRANSPORTATION ACTUALLY USED, OR BY PUBLIC SURFACE TRANSPORTATION IF THE TRAVEL IS ACTUALLY PERFORMED BY PRIVATE CONVEYANCE WITHOUT HAVING BEEN SPECIFICALLY AUTHORIZED." SIMILAR REGULATIONS ARE CONTAINED IN PARAGRAPH 54230-2A(1)4 OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL AND IT IS PROVIDED IN SUBPARAGRAPH 2A(1) THEREOF THAT "UNLESS OTHERWISE SPECIFIED, TRAVEL BY PUBLIC TRANSPORTATION IS AUTHORIZED." SINCE THE ORDERS OF FEBRUARY 21 DID NOT SPECIFY ANY MODE OF TRANSPORTATION TO YOUR HOME, TRAVEL BY ENTITLED TO PAY FOR THE NECESSARY TRAVEL TIME BY THE MODE OF PUBLIC PUBLIC TRANSPORTATION WAS AUTHORIZED AND YOU WERE ENTITLED TO PAY FOR THE NECESSARY TRAVEL TIME BY THE MODE OF PUBLIC TRANSPORTATION USED BY YOU. THE PROVISION IN SUCH ORDERS GRANTING TWO DAYS' TRAVEL TIME APPARENTLY WAS INCLUDED THEREIN TO COVER TRAVEL BY RAIL. HOWEVER, YOU ELECTED TO TRAVEL BY COMMERCIAL AIRCRAFT AND SCHEDULES ON FILE IN THIS OFFICE SHOW THAT YOU COULD HAVE REACHED YOUR HOME ON FEBRUARY 28, 1952, IF YOU HAD TAKEN AIR TRANSPORTATION TO HOUSTON WHICH WAS AVAILABLE AT NEW ORLEANS AFTER YOUR ARRIVAL AT THE LATTER PLACE AT 10 P.M., FEBRUARY 27, RATHER THAN WAITING FOR THE PLANE WHICH LEFT THAT PLACE AT 5:55 A.M., FEBRUARY 29. THE REGULATIONS DO NOT AUTHORIZE PAYMENT OF PAY AND ALLOWANCES FOR ADDITIONAL TRAVEL TIME RESULTING FROM STOPOVERS, FOR PERSONAL REASONS, EN ROUTE TO A PERSON'S HOME.

UNDER THE CIRCUMSTANCES DISCLOSED, NO FURTHER SUM IS DUE YOU AND THE SETTLEMENT OF OCTOBER 29, 1952, IS SUSTAINED.