B-126037, JAN. 23, 1956

B-126037, JAN. 23, 1956

TO MR. W. F. DODDY, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY LETTER OF NOVEMBER 8, 1955, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF SEPTEMBER 27, 1955, FOR ADVANCE DECISION AS TO THE REIMBURSEMENT TO WHICH PAUL J. COMEAU, USNR-RU, IS ENTITLED FOR HIS TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM HIS HOME AT EVERETT, MASSACHUSETTS, TO HIS FIRST STATION AT THE NAVAL AIR STATION, PENSACOLA, FLORIDA.

AFTER ENLISTING IN THE SPECIAL ENLISTED RATE OF AVIATION OFFICER CANDIDATE, NCP SA, NAVAL RESERVE, AT BOSTON, MASSACHUSETTS, ORDERS OF AUGUST 12, 1955, WERE ISSUED PLACING PAUL J. COMEAU ON ACTIVE DUTY WITHOUT PAY AND DIRECTING HIM TO RETURN TO HIS ADDRESS AT EVERETT AND UPON ARRIVAL CONSIDER HIMSELF RELEASED FROM SUCH ACTIVE DUTY. FURTHER TRAVEL WAS DIRECTED--- TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED--- IN TIME TO REPORT ON AUGUST 28, 1955, TO THE CHIEF OF NAVAL AIR BASIC TRAINING, NAVAL AIR STATION AT PENSACOLA FOR INDOCTRINATION. IT IS STATED THAT MEAL TICKETS AND TRANSPORTATION REQUESTS WERE AVAILABLE AT PLACE OF INDUCTION (ENLISTMENT).

YOU RAISE A QUESTION AS TO THE APPLICABILITY OF PARAGRAPH 5052 OF THE JOINT TRAVEL REGULATIONS WHICH COVERS "TRAVEL TO FIRST STATION UPON ENLISTMENT OR INDUCTION.' SUBPARAGRAPH 1 OF SUCH REGULATIONS AUTHORIZES PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO ENLISTEES AND INDUCTEES, AS PRESCRIBED IN CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS, FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST STATION. SUBPARAGRAPH 2 PROVIDES FOR THE FURNISHING OF TRANSPORTATION AND MEAL TICKETS FOR TRAVEL FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST STATION, FOR MEMBERS "WHOSE FIRST ASSIGNMENT IS FOR BASIC TRAINING, INDOCTRINATION, OR PROCESSING.' IT IS PROVIDED FURTHER THAT NO REIMBURSEMENT IS AUTHORIZED IF AVAILABLE TRANSPORTATION AND MEAL TICKETS ARE NOT UTILIZED.

THE CITED REGULATIONS ARE NOT BELIEVED TO BE APPLICABLE IN A CASE WHERE, AS HERE, A RESERVIST WHO HAS REVERTED TO AN INACTIVE DUTY STATUS AT HIS HOME IS ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED FROM HIS HOME TO A DUTY STATION, IRRESPECTIVE OF THE NATURE OF THE DUTY CONTEMPLATED. PROVISION IS MADE IN OTHER PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS FOR PAYMENT OF TRAVEL ALLOWANCES TO MEMBERS OF RESERVE COMPONENTS FOR TRAVEL FROM THEIR HOMES TO THEIR FIRST STATIONS. PARAGRAPHS 4150 AND 4151 AUTHORIZE PAYMENT OF MILEAGE AT THE RATE OF SIX CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE UPON PERMANENT CHANGE OF STATION. PARAGRAPH 3003-1A DEFINES A PERMANENT CHANGE OF STATION AS INCLUDING THE CHANGE FROM HOME TO FIRST STATION IN CONNECTION WITH CALL TO ACTIVE DUTY.

ACCORDINGLY, IF THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AMENDED TO PROVIDE FOR REIMBURSEMENT AT THE RATE OF SIX CENTS PER MILE IN LIEU OF FIVE CENTS A MILE PLUS PER DIEM AS ORIGINALLY PROPOSED, PAYMENT IS AUTHORIZED, IF OTHERWISE CORRECT.