B-143490, OCT. 21, 1960

B-143490, OCT. 21, 1960

TO MAJOR J. A. WEBSTER, USAF:

YOUR LETTER OF JUNE 14, 1960, WITH ENCLOSURES, FORWARDED HERE BY THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE, COMPTROLLER, AS AIR FORCE REQUEST NO. DO-AF-513, APPROVED BY THE DEPARTMENT OF DEFENSE, MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTS ADVANCE DECISION CONCERNING THE QUESTION OF ENTITLEMENT OF CAPTAIN BRUCE R. CARPENTER, AO 186 29 75, TO ONE ADDITIONAL DAYS' PAY (AUGUST 2, 1958), AS A RESERVIST FOR A PERIOD OF ACTIVE DUTY TRAINING.

THE MEMBER'S CLAIM IS BASED ON PARAGRAPH 3, RESERVE ORDER NO. 336, HEADQUARTERS, 1100TH AIR BASE WING (HEDCOM), BOLLING AIR FORCE BASE, DATED JULY 3, 1958, BY WHICH, INSOFAR AS HERE MATERIAL, THE OFFICER WAS ORDERED TO ACTIVE DUTY FOR 17 DAYS' SCHOOL TRAINING FOR THE PURPOSE OF ATTENDING THE RESERVE REFRESHER COURSE NO. OR2054 (AIR INTELLIGENCE), AT THE USAF TECHNICAL SCHOOL, SHEPPARD AIR FORCE BASE, TEXAS. THE OFFICER WAS INSTRUCTED UNDER THE ORDERS TO PROCEED ON THE EFFECTIVE DAY OF THE TRAINING, AUGUST 2, 1958, AND TO REPORT NOT LATER THAN 1200 HOURS ON AUGUST 4, 1958. THE ORDERS AUTHORIZED TRAVEL BY MILITARY OR COMMERCIAL AIRCRAFT, OR COMMERCIAL RAIL OR BUS. THE ORDERS PROVIDED THAT UNLESS SOONER RELIEVED FROM TRAINING THE OFFICER WOULD BE RELIEVED IN SUFFICIENT TIME TO RETURN TO HIS PERMANENT ADDRESS AND REVERT TO INACTIVE STATUS WITH THE EFFECTIVE DATE OF RELIEF FROM TRAINING, AUGUST 18, 1958.

IT IS SHOWN ON THE VOUCHER SUBMITTED WITH YOUR REQUEST THAT THE OFFICER LEFT BETHESDA, MARYLAND, ON AUGUST 2, 1958, AND ARRIVED AT SHEPPARD AIR FORCE BASE ON THE SAME DAY, AND THAT HE LEFT SHEPPARD AIR FORCE BASE ON AUGUST 18, 1958, AND RETURNED TO INACTIVE DUTY ON THE SAME DAY. APPEARS THAT SUCH TRAVEL WAS PERFORMED BY COMMERCIAL AIRCRAFT. HE WAS PAID FOR THE PERIOD AUGUST 3 TO 18, 1958, A TOTAL OF 16 DAYS.

IT IS STATED THAT THE OFFICER'S CLAIM FOR PAY FOR AUGUST 2, 1958, IS BASED ON THE FACT THAT THE DUTY INVOLVED WAS FOR A TOTAL OF 17 DAYS AND THAT HE COMPLIED WITH COMPETENT ORDERS. IT IS FURTHER STATED THAT ADMINISTRATIVE PAYMENT WAS DENIED ON THE BASIS THAT HIS ACTIVE DUTY ORDERS STATE REPORTING TIME AS NOT LATER THAN 1200 HOURS ON AUGUST 4, 1958, AND THAT COMMERCIAL AIR SCHEDULES SHOW THAT HE COULD HAVE DEPARTED HIS HOME ON OR ABOUT 0800 HOURS ON AUGUST 3, 1958, AND ARRIVED AT WICHITA FALLS, TEXAS, AT 1337 HOURS ON AUGUST 3, 1958, REPORTING WITHIN THE PRESCRIBED HOUR AND DATE.

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 69 STAT. 19, 37 U.S.C. 232 (C), PROVIDES, IN PERTINENT PART, THAT:

"ALL MEMBERS OF THE UNIFORMED SERVICES WHEN ON THE ACTIVE LIST, WHEN ON ACTIVE DUTY, OR WHEN PARTICIPATING IN FULL-TIME TRAINING, TRAINING DUTY WITH PAY OR OTHER FULL-TIME DUTY * * * SHALL BE ENTITLED TO RECEIVE THE BASIC PAY OF THE PAY GRADE TO WHICH ASSIGNED * * *.'

AIR FORCE REGULATION 45-14 DATED AUGUST 21, 1957, THE REGULATION IN EFFECT WHEN THE PERTINENT ORDERS WERE WRITTEN AND THE TRAINING DUTY PERFORMED, PROVIDES AT PARAGRAPH 2B AS FOLLOWS:

"B. SCHOOL TOUR--- A PROGRAMMED AND FUNDED TOUR OF ACTIVE DUTY FOR TRAINING TO ATTEND SCHOOLS CONDUCTED BY ONE OF THE MILITARY SERVICES.'

PARAGRAPH 4B, SAME REGULATION, PROVIDES:

"B. SCHOOL TOUR--- A SCHOOL TOUR WILL INCLUDE TRAVEL TIME AND WILL BE OF SUFFICIENT DURATION FOR THE RESERVIST TO COMPLETE THE COURSE HE IS SELECTED TO ATTEND.'

CAPTAIN CARPENTER WAS CALLED TO ACTIVE DUTY FOR THE PURPOSE OF TAKING A STATED TRAINING COURSE AND THE ORDERS STATED THAT THE EFFECTIVE DATE OF THE TRAINING WAS AUGUST 2, 1958. HE WAS DIRECTED TO PROCEED ON THAT DATE AND REPORT "NO LATER THAN" 1200 HOURS ON AUGUST 4, 1958. SINCE IT IS SHOWN THAT IN COMPLIANCE WITH HIS ORDERS HE LEFT HIS HOME (CHEVY CHASE, MARYLAND) ON AUGUST 2, 1958, THE EFFECTIVE DATE OF TRAINING SPECIFIED IN THE ORDERS, AND REPORTED AT SHEPPARD AIR FORCE BASE ON THE SAME DAY, IT IS CONSIDERED THAT THE PERIOD OF HIS ACTIVE DUTY COMMENCED ON THAT DATE, THERE BEING NO PROVISION IN HIS ORDERS THAT HE REPORT ON AUGUST 4, 1958. HENCE,HE IS ENTITLED TO PAY AND ALLOWANCES FOR AUGUST 2, 1958.

PAYMENT ON THE VOUCHER WHICH IS RETURNED HEREWITH IS AUTHORIZED, IF OTHERWISE CORRECT.

IT IS NOTED THAT ON THE VOUCHER SUBMITTED BY YOU IT IS SHOWN THAT THE OFFICER LEFT SHEPPARD AIR FORCE BASE ON AUGUST 18, 1958, AND THAT HE RETURNED TO INACTIVE DUTY ON THE SAME DAY. HOWEVER, THE COPY OF DD FORM 220 (ACTIVE DUTY REPORT) ATTACHED TO YOUR LETTER SHOWS IN ITEM 9 THAT THE DATE HE DEPARTED FROM DUTY STATION FOR HOME WAS AUGUST 15, 1958. IF THE OFFICER LEFT HIS DUTY STATION ON AUGUST 15, 1958, AS STATED ON THE DD FORM 220, AND ARRIVED HOME ON THE SAME DAY, IT APPEARS THAT HE WAS NOT ENTITLED TO PAY AND ALLOWANCES FOR AUGUST 17 AND 18, 1958. IF HE LEFT HIS DUTY STATION ON AUGUST 18, 1958, AND ARRIVED HOME ON THE SAME DAY, AS STATED ON THE VOUCHER, HE WAS ENTITLED TO PAY AND ALLOWANCES THROUGH AUGUST 18, 1958. SEE OUR DECISION OF OCTOBER 27, 1959, B-140916, AS AMPLIFIED IN OUR DECISION OF JUNE 10, 1960, B-140916, COPIES ENCLOSED. BEFORE MAKING PAYMENT ON THE ENCLOSED VOUCHER, THERE SHOULD BE VERIFIED THE DATES ON WHICH THE OFFICER DEPARTED FROM HIS DUTY STATION AND ARRIVED HOME. IF IT BE DETERMINED THAT HE WAS ERRONEOUSLY PAID FOR AUGUST 17 AND 18, 1958, THE AMOUNT DUE FOR AUGUST 2 SHOULD BE APPLIED IN PARTIAL LIQUIDATION OF THE OVERPAYMENT AND APPROPRIATE ADMINISTRATIVE ACTION TAKEN TO RECOVER THE BALANCE DUE.