B-147219, NOV. 3, 1961

B-147219, NOV. 3, 1961

TO CAPTAIN EDWARD RANKIN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8, 1961, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 20, 1961, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM FORT SILL, OKLAHOMA, TO BALTIMORE, MARYLAND, AND FROM BALTIMORE TO FORT KNOX, KENTUCKY, LESS THE AMOUNT PREVIOUSLY PAID YOU FOR DIRECT TRAVEL FROM FORT SILL TO FORT KNOX.

BY PARAGRAPH 10, SPECIAL ORDERS NO. 43, DATED MARCH 2, 1960, YOU WERE RELEASED FROM ASSIGNMENT AT FORT SILL, OKLAHOMA, UPON COMPLETION OF YOUR COURSE OF INSTRUCTION, AND DIRECTED TO PROCEED TO DUTY AT LINDEN, NEW JERSEY, AS AVIATION ADVISOR TO THE 150TH AVIATION COMPANY. A DELAY OF 15 DAYS' DELAY EN ROUTE IN REPORTING WAS AUTHORIZED, SUCH DELAY TO COUNT AS LEAVE. ORDERS DATED APRIL 28, 1960, ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, OFFICE OF THE ADJUTANT GENERAL, AMENDED YOUR ORDERS OF MARCH 2, 1960, TO INCLUDE APPROXIMATELY EIGHT WEEKS' TEMPORARY DUTY EN ROUTE AT THE SECOND UNITED STATES ARMY

(THERE IS MISSING MATERIAL AT THIS POINT.) CONTRACT SCHOOL, AT FORT KNOX, KENTUCKY, INSTEAD OF AT BALTIMORE, MARYLAND. THE RECORD SHOWS THAT THE PORTION OF THIS MESSAGE APPLICABLE TO YOUR ORDERS WAS EXTRACTED FOR DISTRIBUTION TO THE INDIVIDUALS AND ORGANIZATIONS CONCERNED AT FORT SILL, OKLAHOMA, ON JUNE 13, 1960.

YOUR CLAIM FOR REIMBURSEMENT FOR MILEAGE FOR TRAVEL FROM FORT SILL TO BALTIMORE, AND THEN TO FORT KNOX (LESS THE AMOUNT PREVIOUSLY PAID FOR DIRECT TRAVEL FROM FORT SILL TO FORT KNOX) WAS DISALLOWED BY SETTLEMENT OF JULY 20, 1961, BECAUSE THE RECORD SHOWS THAT YOU STARTED TRAVEL IN A LEAVE STATUS PRIOR TO THE DATE THAT IT WAS NECESSARY TO LEAVE YOUR DUTY STATION, FORT SILL, IN ORDER TO REPORT FOR DUTY AT BALTIMORE AT THE TIME STIPULATED IN YOUR ORDERS AND YOU WOULD HAVE RECEIVED YOUR AMENDATORY ORDERS OF JUNE 13, 1960, IF YOU HAD REMAINED AT YOUR STATION. IN YOUR REQUEST FOR REVIEW YOU SAY IN EFFECT THAT ALTHOUGH YOUR LEAVE ADDRESS WAS AVAILABLE AT FORT SILL, YOU WERE NOT NOTIFIED OF THE AMENDMENT TO YOUR ORDERS CHANGING YOUR TEMPORARY DUTY STATION FROM BALTIMORE, MARYLAND, TO FORT KNOX, KENTUCKY, YOU URGE THAT IN SUCH CIRCUMSTANCES YOU SHOULD NOT HAVE TO BEAR THE EXPENSE FOR THE TRAVEL YOU PERFORMED TO BALTIMORE.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). PARAGRAPH 3003-1 (B) OF THOSE REGULATIONS, RELATING TO PERMANENT CHANGE OF STATION ORDERS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. IT LONG HAS BEEN THE RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) IN ORDER TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. THUS WHERE A MEMBER IS GRANTED LEAVE IN CONNECTION WITH AN ORDERED PERMANENT CHANGE OF STATION, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL THE EXPIRATION OF THE LEAVE, AND IF THE ORDERS WERE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO THE LEAVE, AND THE EXPENSE THEREOF MUST BE BORNE BY THE TRAVELER CONCERNED. 31 COMP. GEN. 156; 33 COMP. GEN. 289.

IN THE PRESENT CASE IT APPEARS THAT YOU DEPARTED FROM FORT SILL ON JUNE 7, 1960, ON LEAVE, AND AFTER SPENDING SOME TIME AT LAWTON, OKLAHOMA, AND DALLAS, TEXAS,YOU DEPARTED DALLAS ON JUNE 22, 1960, AND ARRIVED IN BALTIMORE ON JULY 1, 1960. YOUR ORDERS OF MARCH 2, 1960, AS AMENDED BY ORDERS OF APRIL 28, 1960, HOWEVER, DID NOT BECOME EFFECTIVE PRIOR TO JUNE 22, 1960, AND UNDER THE RULE STATED ABOVE, YOU WERE NOT REQUIRED TO COMMENCE OFFICIAL TRAVEL TO BALTIMORE UNTIL AFTER THE EFFECTIVE DATE OF THE ORDERS.

PARAGRAPH 7C, ARMY REGULATIONS 310-25, CHANGE 2, SEPTEMBER 4, 1959, PROVIDES THAT REVOCATION OR AMENDMENT OF REASSIGNMENT ORDERS WHILE PERSONNEL ARE PREPARING FOR OR EXECUTING ORDERS, TO INCLUDE DELAY EN ROUTE AS LEAVE, WILL BE AVOIDED, UNLESS ABSOLUTELY DICTATED BY MILITARY NECESSITY. WHEN A CHANGE OF ORDERS CANNOT BE AVOIDED, THE STATUS OF THE INDIVIDUAL SHOULD BE CLEARLY DETERMINED SO AS TO INSURE EXPEDITIOUS NOTIFICATION AND THAT UNNECESSARY PERSONAL HARDSHIP IS NOT IMPOSED UPON THE INDIVIDUAL AND HIS DEPENDENTS. WHILE SUCH REGULATIONS SET FORTH PROCEDURES DESIGNATED TO PREVENT PERSONAL HARDSHIP WHICH MIGHT RESULT FROM AMENDMENT OR REVOCATION OF REASSIGNMENT ORDERS WHILE THE MEMBER IS ON LEAVE BUT PRIOR TO THEIR EFFECTIVE DATE, THE REGULATIONS DO NOT IMPOSE ANY LIABILITY ON THE GOVERNMENT FOR TRAVEL PERFORMED THAT IS NOT REQUIRED BY THE MEMBER'S ORDERS. HENCE, NEITHER THAT REGULATION NOR THE FACT THAT THE DEPARTMENT OF THE ARMY MAY HAVE FAILED TO ADVISE YOU THAT YOUR ORDERS WERE CHANGED AFFORDS ANY BASIS FOR THE PAYMENT OF THE TRAVEL TO BALTIMORE NOT REQUIRED BY ORDERS BUT PERFORMED BECAUSE YOU DEPARTED YOUR STATION ON LEAVE BEFORE OFFICIAL TRAVEL WAS REQUIRED TO BEGIN.

ACCORDINGLY, THE SETTLEMENT OF JULY 20, 1961, WAS CORRECT AND IS SUSTAINED.