B-130121, JAN. 31, 1957

B-130121, JAN. 31, 1957

TO FIRST LIEUTENANT LYNN M. MCCRUM, USA:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1956, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 31, 1956, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE FOR YOUR TRAVEL AND ADDITIONAL REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM FORT MASON, CALIFORNIA, TO NEW YORK, AND THENCE TO FORT LEWIS, WASHINGTON.

BY ORDERS DATED JANUARY 20, 1955, YOU WERE TRANSFERRED FROM DUTY OVERSEAS TO THE UNITED STATES AND ASSIGNED TO DUTY AT FORT CAMPBELL, KENTUCKY. SUCH ORDERS PROVIDED FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND INFANT SONS) AND AUTHORIZED 30 DAYS' LEAVE, YOUR LEAVE ADDRESS BEING SHOWN AS LONG BEACH, CALIFORNIA. FIRST INDORSEMENT DATED MARCH 14, 1955, ISSUED AT FORT MASON, CALIFORNIA, RELEASED YOU FROM ATTACHMENT AT THAT STATION AND DIRECTED YOU TO PROCEED TO FORT CAMPBELL, KENTUCKY, 30 DAYS' LEAVE PLUS TRAVEL TIME OF 10 DAYS BEING AUTHORIZED.

YOU SAY THAT WHILE YOU WERE ON LEAVE IN LONG BEACH, CALIFORNIA, YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIRCRAFT TO NEW YORK, NEW YORK; THAT YOU TRAVELED BY AUTOMOBILE FROM LONG BEACH TO NEW YORK BETWEEN APRIL 4 AND 11, 1955; AND THAT UPON YOUR ARRIVAL IN NEW YORK YOU RECEIVED TELEGRAPHIC ORDERS DATED APRIL 7, 1955, ASSIGNING YOU TO DUTY AT FORT LEWIS, WASHINGTON, UPON EXPIRATION OF YOUR LEAVE. YOU AND YOUR DEPENDENTS TRAVELED FROM NEW YORK, NEW YORK, TO FORT LEWIS, WASHINGTON, BETWEEN APRIL 12 AND 21, 1955. YOU WERE PAID FOR YOUR TRAVEL AND THE TRAVEL OF YOUR DEPENDENTS, COMPUTED ON THE DISTANCE FROM FORT MASON, CALIFORNIA, TO FORT LEWIS, WASHINGTON.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. PARAGRAPH 3003 -1B OF SUCH REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELEASE OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

IT CONSISTENTLY HAS BEEN HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. WHERE AN OFFICER IS GRANTED LEAVE OR DELAY, INCLUDING DELAY RESULTING FROM ADDITIONAL TIME NECESSARILY GRANTED TO ENABLE HIM TO TRAVEL BY AUTOMOBILE FOR HIS OWN CONVENIENCE AND PLEASURE AS DISTINGUISHED FROM TIME CONSUMED IN TRAVEL BY AUTOMOBILE UNDER ORDERS DIRECTING SUCH TRAVEL AS MORE ADVANTAGEOUS TO THE GOVERNMENT, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH DELAY AND THE EXPENSES MUST BE BORNE BY THE TRAVELER CONCERNED. 8 COMP. GEN. 524; 9 ID. 315, AND 33 ID. 289.

THE RECORD SHOWS THAT YOU AND YOUR DEPENDENTS ARRIVED AT FORT MASON, CALIFORNIA, ON MARCH 14, 1955, AND THAT YOU WERE DETACHED BY FIRST INDORSEMENT OF THE SAME DATE. IN ADDITION TO THE 30 DAYS' LEAVE AUTHORIZED IN YOUR ORDERS--- WHICH EXPIRED APRIL 13, 1955--- THOSE ORDERS PERMITTED YOU TO TRAVEL FROM FORT MASON TO FORT CAMPBELL BY PRIVATELY OWNED AUTOMOBILE. PERMISSION TO TRAVEL IN THAT MANNER WAS NOT DIRECTED BUT WAS GRANTED ONLY FOR YOUR CONVENIENCE. WHILE THE ORDERS DO NOT SPECIFY ANY PARTICULAR DATE ON WHICH YOU WERE TO REPORT AT FORT CAMPBELL, SUCH ORDERS CONTEMPLATED THAT YOU WOULD HAVE 10 DAYS FOR TRAVEL BY PRIVATE AUTOMOBILE. ON THAT BASIS, YOUR ORDERS WOULD REQUIRE REPORTING AT FORT CAMPBELL ON APRIL 23, 1955. THE TRAVEL TIME PERMITTED BY YOUR ORDERS IN EXCESS OF THE TIME REQUIRED BY RAIL MUST BE CONSIDERED TO BE "DELAY" AND UNDER PARAGRAPH 3003-1B, JOINT TRAVEL REGULATIONS, MUST BE ADDED TO THE DATE OF RELIEF OR DETACHMENT FROM THE OLD STATION, THE SAME AS LEAVE. COMP. GEN. 289. SINCE YOU WOULD NOT HAVE BEEN REQUIRED TO DEPART FROM FORT MASON BY RAIL UNTIL APRIL 19, 1955, IN ORDER TO REACH FORT CAMPBELL ON APRIL 23, 1955, AND SINCE YOUR ORDERS WERE CHANGED ON APRIL 7, 1955, THERE IS NO AUTHORITY FOR PAYMENT OF TRAVEL ALLOWANCE OR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FOR ANY GREATER DISTANCE THAN FROM FORT MASON TO FORT LEWIS.