B-127442, MAY 23, 1956

B-127442, MAY 23, 1956

PRECIS-UNAVAILABLE

SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF MARCH 26, 1956, FROM THE ASSISTANCE SECRETARY OF THE AIR FORCE (MANPOWER AND PERSONNEL) REQUESTING A DECISION AS TO WHETHER THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZING THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO "MEMBERS OF THE UNIFORMED SERVICES *** FOR TRAVEL PERFORMED OR TO BE PERFORMED *** (1) UPON A PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY," WOULD PERMIT THE PAYMENT OF SUCH ALLOWANCES TO RESERVE OFFICERS WHO, WHILE RECEIVING INACTIVE-DUTY PAY UNDER SECTION 501(A) OF THAT ACT, ARE REQUIRED TO TRAVEL UNDER COMPETENT ORDERS IN CONNECTION WITH THEIR DUTIES, IF THE JOINT TRAVEL REGULATIONS ARE AMENDED TO SO PROVIDE.

SPECIFICALLY, IT IS STATED THAT RESERVE OFFICERS WHO COMMAND RESERVE UNITS OR ARE MEMBERS OF RESERVE UNIT STAFFS HAVE THE DUTY OF INSPECTING THE TRAINING OF SUBORDINATE UNITS AND EXERCISING STAFF OR COMMAND FUNCTIONS OVER THEM AND THAT, WHERE SUCH SUBORDINATE UNITS ARE LOCATED IN CITIES OR AT PLACES OTHER THAN THAT WHERE THE RESERVE UNIT HEADQUARTERS LOCATED, SUCH OFFICERS MUST TRAVEL IN THE DISCHARGE OF THEIR DUTIES.

THE TERM "UNIFORMED SERVICES" IS DEFINED IN PARAGRAPH (A), SECTION 102 OF THE 1949 ACT AS MEANING THE SEVERAL UNIFORMED SERVICES INCLUDING ALL REGULAR AND RESERVE COMPONENTS THEREOF" AND THE TERM "MEMBER" IS DEFINED IN PARAGRAPH (B) AS INCLUDING A "COMMISSIONED OFFICER." UNDER SUCH DEFINITIONS, IT APPEARS THAT A COMMISSIONED RESERVE OFFICER PERFORMING INACTIVE DUTY TRAINING IS A MEMBER OF THE UNIFORMED SERVICES WITHIN THE MEANING OF SECTION 303(A) OF THAT ACT. IF SUCH AN OFFICER IS ASSIGNED THE DUTY OF EXERCISING STAFF OR COMMAND FUNCTIONS OVER A RESERVE UNIT AT THE HEADQUARTERS OF THAT UNIT, IT WOULD SOON THAT SUCH HEADQUARTERS WOULD BE HIS DESIGNATED POST OF DUTY AND THAT, IF ORDERS WERE ISSUED BY COMPETENT AUTHORITY DIRECTING HIM TO PROCEED TO SUBORDINATE UNITS LOCATED IN OTHER CITIES, HE COULD BE REGARDED AS BEING IN A STATUS OF TRAVELING AWAY FROM HIS DESIGNATED POST OF DUTY WITHIN THE MEANING OF SECTION 303(A), AND COULD BE PAID THE TRAVEL ALLOWANCES PRESCRIBED IN REGULATIONS ISSUED UNDER AUTHORITY OF SUCH PROVISIONS OF LAW.

IT IS NOTED, HOWEVER, THAT PARAGRAPH 6003 OF THE JOINT TRAVEL REGULATIONS CONTAINS PROVISIONS WHICH APPARENTLY WERE INTENDED AS BARRING PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES IN CONNECTION WITH INACTIVE-DUTY TRAINING WITH PAY. IF THE JOINT TRAVEL REGULATIONS SHOULD BE AMENDED TO PROVIDE FOR THE PAYMENT OF APPROPRIATE TRAVEL ALLOWANCES UNDER CIRCUMSTANCES SUCH AS ARE HERE INVOLVED, THE RESERVE OFFICER CONCERNED WOULD BE ENTITLED TO SUCH ALLOWANCES.

ACCORDINGLY, THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE.