B-127740, JUL. 10, 1956

B-127740, JUL. 10, 1956

TO CAPTAIN H. L. FARMER, DISBURSING OFFICER, HEADQUARTERS, UNITED STATES MARINE CORPS:

BY FIRST ENDORSEMENT OF APRIL 24, 1956, THE COMMANDANT OF THE MARINE CORPS FORWARDED HERE YOUR LETTER OF APRIL 17, 1956, REQUESTING A DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHERS STATED IN FAVOR OF STAFF SERGEANT ROBERT CLAUDE ANDERSON, 467690, FOR REIMBURSEMENT OF HIS WIFE'S TRAVEL FROM CINCINNATI, OHIO, TO CAMP PENDLETON, CALIFORNIA, NOT TO EXCEED THE DISTANCE FROM CAMP LEJEUNE, NORTH CAROLINA, TO CAMP PENDLETON, CALIFORNIA, DURING THE PERIOD MARCH 22 TO 25, 1955, AND FOR HER TRAVEL FROM CAMP PENDLETON, CALIFORNIA, TO ST. CHARLES, VIRGINIA, DURING THE PERIOD JULY 25 TO AUGUST 4, 1955.

BY ORDERS DATED DECEMBER 20, 1954, HEADQUARTERS, 2D MARINE DIVISION, CAMP LEJEUNE, NORTH CAROLINA, SERGEANT ANDERSON WAS TRANSFERRED FROM THAT DIVISION EFFECTIVE DECEMBER 22, 1954, AND DIRECTED TO PROCEED TO CAMP PENDLETON, CALIFORNIA, TO REPORT FOR DUTY AND TO PROCEED TO CAMP PENDLETON, CALIFORNIA, TO REPORT FOR DUTY AND FOR FURTHER TRANSPORTATION BEYOND THE SEAS WITH THE FEBRUARY 1955 REPLACEMENT BATTALION, FOR DUTY AS A REPLACEMENT. THE ORDERS AUTHORIZED 30 DAYS' DELAY EN ROUTE TO COUNT AS LEAVE PLUS 12 DAYS' TRAVEL BY PRIVATELY OWNED CONVEYANCE, AND DIRECTED HIM TO REPORT TO THE COMMANDING OFFICER AT CAMP PENDLETON ON FEBRUARY 2, 1955. FURTHER, PARAGRAPH 9 OF THE ORDERS OF DECEMBER 20, 1954, PROVIDED AS FOLLOWS:

"9. THE TRAVEL TIME MENTIONED ABOVE IS ALLOWED WITH THE UNDERSTANDING YOU WILL TRAVEL VIA PRIVATELY OWNED CONVEYANCE TO CAMP PENDLETON, CALIFORNIA. IN THE EVENT A FASTER MODE OF TRANSPORTATION IS UTILIZED, YOU WILL BE AUTHORIZED TRAVEL TIME FOR THE MODE ACTUALLY UTILIZED, AND YOUR REPORTING DATE IS ADVANCED ACCORDINGLY.'

IT CONSISTENTLY HAS BEEN HELD THAT THE EFFECTIVE DATE OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION IS THE DATE ON WHICH TRAVEL IS REQUIRED TO BE COMMENCED IN ORDER TO COMPLY WITH SUCH ORDERS. 33 COMP. GEN. 458. COMPUTED ON THE BASIS OF TRAVEL TIME, 12 DAYS, ALLOWED FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE WITH A REPORTING DATE OF FEBRUARY 2, 1955, THE DATE FOR COMMENCEMENT OF TRAVEL BY THAT MEANS WAS JANUARY 22, 1955. UNDER THE PROVISION IN THE ORDERS THAT THE REPORTING DATE WOULD BE ADJUSTED ON THE BASIS OF THE MODE OF TRANSPORTATION UTILIZED, THE EFFECTIVE DATE OF THE ORDERS, EVEN THOUGH TRAVEL HAD BEEN PERFORMED BY RAIL OR AIR INSTEAD OF BY AUTOMOBILE, WOULD HAVE BEEN JANUARY 22, 1955. ON THAT DATE THE CLAIMANT HAD NO DEPENDENT, AND NO RIGHT TO TRANSPORTATION OF DEPENDENT ACCRUED.

ACCORDINGLY, PAYMENT ON THE VOUCHERS, WHICH ARE RETAINED HERE, IS NOT AUTHORIZED. SERGEANT ANDERSON'S ORIGINAL CHANGE OF STATION ORDERS DATED DECEMBER 20, 1954, ARE RETURNED AS REQUESTED.