B-149871, DECEMBER 17, 1962, 42 COMP. GEN. 312

TRAVEL EXPENSES - MILITARY PERSONNEL - RESERVE OFFICERS' TRAINING CORPS SUMMER TRAINING NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS WHO RETURN HOME UPON COMPLETION OF THEIR COLLEGE SPRING SEMESTER PRIOR TO REPORTING FOR SUMMER TRAINING MAY BE PAID TRAVEL ALLOWANCES IN CONNECTION WITH TRAVEL UNDER COMPETENT ORDERS FROM HOME TO A SUMMER TRAINING AREA AND RETURN, AS WELL TO SUMMER TRAINING, AS PROVIDED BY PARAGRAPHS 5001 AND 5002 OF THE NAVAL TRAVEL AS WHEN TRAVELING FROM THEIR NAVAL RESERVE OFFICERS' TRAINING CORPS UNIT INSTRUCTIONS, IN VIEW OF 37 U.S.C. 422 (C) AUTHORIZING FOR SUCH STUDENTS THE ALLOWANCES PROVIDED UNDER 37 U.S.C. 404 FOR NAVAL ACADEMY MIDSHIPMEN, AND THE MIDSHIPMEN BEING ELIGIBLE FOR TRAVEL ALLOWANCES WHEN ORDERED FROM HOME WHILE IN A LEAVE STATUS TO TRAINING DUTY AND RETURN PRIOR TO REPORTING TO THE ACADEMY, THE STUDENTS, ALTHOUGH NOT IN A COMPARABLE LEAVE STATUS WHILE AT HOME, MAY BE PAID TRAVEL ALLOWANCES, THE ORDERS DIRECTING THEIR ATTENDANCE AT SUMMER TRAINING INVOLVING "TRAVEL WHILE UNDER ORDERS" FOR TRAINING, IRRESPECTIVE OF WHETHER THE TRAVEL IS PERFORMED FROM HOME OR COLLEGE TO THE TRAINING DUTY POINT.

TO THE SECRETARY OF THE NAVY, DECEMBER 17, 1962:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE A LETTER DATED AUGUST 24, 1962, FROM THE UNDER SECRETARY OF THE NAVY REQUESTING A DECISION RELATIVE TO PAYMENT OF TRAVELING EXPENSES OF NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS IN CONNECTION WITH THEIR SUMMER TRAINING. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62-15.

PARAGRAPH 5001, U.S. NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT REGULAR MIDSHIPMEN OF THE NAVAL RESERVE OFFICERS' TRAINING CORPS WILL BE ENTITLED TO ALLOWANCES FOR INITIAL TRAVEL TO THE COLLEGE OR UNIVERSITY IN WHICH MATRICULATED, TRAVEL UNDER ORDERS, AND TRAVEL UPON DISCHARGE, IN THE MANNER AND TO THE SAME EXTENT AS PROVIDED FOR MIDSHIPMEN OF THE UNITED STATES NAVAL ACADEMY. PARAGRAPH 5001-2 PROVIDES THAT DURING THE SUMMER TRAINING PERIOD, REGULAR NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS ARE AUTHORIZED ROUND-TRIP TRANSPORTATION, OR MONETARY ALLOWANCE, FROM THE NAVAL RESERVE OFFICERS' TRAINING CORPS UNIT (COLLEGE IN WHICH ENROLLED) TO THE PLACE OF REPORTING TO TRAINING AND RETURN. PARAGRAPH 5002 OF THE NAVY TRAVEL INSTRUCTIONS PROVIDES THAT CONTRACT NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS ARE ENTITLED TO THE SAME TRAVEL ALLOWANCES AS REGULAR NROTC STUDENTS.

THE UNDER SECRETARY STATES THAT BECAUSE THESE STUDENTS HAVE COMPLETED THEIR SPRING SEMESTER AND RETURNED TO THEIR HOMES BEFORE THE SUMMER TRAINING BEGINS AND WILL RETURN TO THEIR HOMES AFTER THE TRAINING IS COMPLETED PENDING BEGINNING OF THE FALL SEMESTER, CONSIDERATION IS BEING GIVEN TO PAYMENT OF SUMMER TRAINING TRAVELING EXPENSES FROM HOME TO THE TRAINING AREA AND RETURN INSTEAD OF FROM THE COLLEGE TO THE TRAINING AREA AND RETURN. THE UNDER SECRETARY STATES THAT THE ECONOMIC FEASIBILITY OF THE PROPOSED CHANGE IS BEING STUDIED, AND HE QUESTIONS WHETHER EXISTING LAW WILL PERMIT THE SUGGESTED CHANGE IN THE REGULATIONS IN THE EVENT IT IS DETERMINED THAT THE CHANGE IS OTHERWISE DESIRABLE.

SECTION 422 (C) OF TITLE 37 OF THE U.S.C. PROVIDES THAT THE PERSONNEL HERE CONCERNED--- MIDSHIPMEN APPOINTED UNDER SECTION 6904 AND SEAMAN RECRUITS ENLISTED UNDER SECTION 6905 OF TITLE 10 OF THE UNITED STATES CODE --- ARE ENTITLED TO THE ALLOWANCES PROVIDED FOR MIDSHIPMEN OF THE NAVAL ACADEMY FOR---

(1) INITIAL TRAVEL TO THE COLLEGE OR UNIVERSITY IN WHICH MATRICULATED;

(2)TRAVEL WHILE UNDER ORDERS; AND

(3) TRAVEL ON DISCHARGE.

UNDER THE PROVISIONS OF 37 U.S.C. 422 (A) MIDSHIPMEN OF THE NAVAL ACADEMY ARE ENTITLED TO THE TRAVEL AND TRANSPORTATION PRESCRIBED FOR THEM UNDER 37 U.S.C. 410 AND UNDER THE PROVISIONS OF SECTION 410 THEY MAY RECEIVE SUCH OF THE TRAVEL AND TRANSPORTATION ALLOWANCES PROVIDED BY 37 U.S.C. 404 AS THE SECRETARY MAY PRESCRIBE. THUS A NAVAL ACADEMY MIDSHIPMAN ORDERED FROM HOME WHILE IN A LEAVE STATUS TO A PERIOD OF TRAINING DUTY WITH AUTHORITY TO RETURN HOME PRIOR TO RETURNING TO THE ACADEMY WOULD BE ELIGIBLE FOR TRAVEL ALLOWANCES FROM HOME TO PLACE OF TRAINING DUTY, AND RETURN, UNDER PARAGRAPH 4207-2B OF THE JOINT TRAVEL REGULATIONS BY VIRTUE OF THE PROVISIONS OF PARAGRAPH 5001 OF THOSE REGULATIONS.

WHILE NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS AT HOME FOLLOWING THE COMPLETION OF THE SPRING SEMESTER DIFFER FROM THE MIDSHIPMEN OF THE NAVAL ACADEMY AT HOME ON LEAVE IN THAT THEY ARE NOT IN A COMPARABLE LEAVE STATUS, TRAVEL PURSUANT TO ORDERS DIRECTING THEIR ATTENDANCE AT SUMMER TRAINING WOULD SEEM CLEARLY TO INVOLVE SIMILAR "TRAVEL WHILE UNDER ORDERS" FOR TRAINING DUTY IRRESPECTIVE OF WHETHER THE TRAVEL IS PERFORMED FROM HOME OR COLLEGE TO THE TRAINING DUTY POINT. IN THAT CIRCUMSTANCE, AND IN VIEW OF THE CITED PROVISIONS OF 37 U.S.C. 422 MAKING APPLICABLE TO SUCH PERSONNEL THE RIGHT OF MIDSHIPMEN AT THE NAVAL ACADEMY TO TRAVEL AND TRANSPORTATION ALLOWANCES PROVIDED UNDER 37 U.S.C. 404, AS PRESCRIBED BY THE SECRETARIES CONCERNED, UNDER AUTHORITY OF THE PROVISIONS OF 37 U.S.C. 410, FOR "TRAVEL WHILE UNDER ORDERS," THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO PROVISION BY REGULATION FOR THE PAYMENT TO NAVAL RESERVE OFFICERS' TRAINING CORPS STUDENTS OF TRAVEL ALLOWANCES FROM HOME TO SUMMER TRAINING AS WELL AS FROM THE LOCATION OF THE NROTC UNIT TO SUMMER TRAINING AS NOW PROVIDED IN PARAGRAPHS 5001 AND 5002 OF THE NAVY TRAVEL INSTRUCTIONS, IN CASES WHERE SUCH TRAVEL IS PROPERLY DIRECTED BY COMPETENT ORDERS AND THE TRAVEL IS ACTUALLY PERFORMED FROM HOME TO SUMMER TRAINING.