B-151236, MAY 22, 1963, 42 COMP. GEN. 647

B-151236, MAY 22, 1963, 42 COMP. GEN. 647

TRAVEL EXPENSES - MILITARY PERSONNEL - DEPENDENTS - TIME OF ACCRUAL OF RIGHT A NAVY OFFICER MARRIED WHILE ON AUTHORIZED LEAVE WHO TRAVELING BY PRIVATELY OWNED VEHICLE, UNDER ORDERS DIRECTING HIM TO REPORT TO HIS SHIP WITHOUT SPECIFYING A REPORTING DATE OR THE MODE OF TRANSPORTATION TO BE USED, REPORTS TO HIS NEW PERMANENT DUTY STATION PRIOR TO THE EXPIRATION OF HIS LEAVE AND AUTHORIZED TRAVEL TIME MAY BE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL OF HIS WIFE, THE DETERMINATION OF THE EFFECTIVE DATE OF THE TRAVEL ORDERS UNDER PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS BEING ON THE BASIS OF ACTUAL COMMERCIAL CARRIER (RAIL) SCHEDULES RATHER THAN IN ACCORDANCE WITH NAVY TRAVEL INSTRUCTIONS PROVIDING THAT THE TRAVEL TIME BY PRIVATELY OWNED AUTOMOBILE IN EXCESS OF AUTHORIZED TRAVEL BY COMMON CARRIER WILL BE ADDED TO THE DATE OF DETACHMENT, AND THE OFFICER HAVING BEEN MARRIED ON THE DATE HE WAS REQUIRED TO COMMENCE TRAVEL IN ORDER TO REACH HIS DESTINATION ON THE DATE HE REPORTED, HAD A DEPENDENT ON THE EFFECTIVE DATE OF HIS ORDERS WITHIN THE MEANING OF PARAGRAPH 7060-2 AND IS ENTITLED TO REIMBURSEMENT FOR THE COST OF HIS DEPENDENT'S TRAVEL.

TO ENSIGN K. A. MCKINLEY, DEPARTMENT OF THE NAVY, MAY 22, 1963:

BY FOURTH INDORSEMENT DATED APRIL 3, 1963, THERE WAS RECEIVED YOUR LETTER OF JANUARY 18, 1963, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL OF DEPENDENT WIFE IS PAYABLE TO ENSIGN PETER M. PEREZ, USNR, UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-6.

BY BUREAU OF NAVAL PERSONNEL ORDER NO. 179452, DATED DECEMBER 5, 1962, ENSIGN PETER M. PEREZ, USNR, WAS DIRECTED TO REPORT FOR A PHYSICAL EXAMINATION TO DETERMINE HIS FITNESS FOR APPOINTMENT AND ACTIVE DUTY. THE ORDER PROVIDED FURTHER THAT IF FOUND PHYSICALLY QUALIFIED THE OFFICER WAS DIRECTED TO REPORT FOR TEMPORARY DUTY FOR APPROXIMATELY 2 DAYS AND UPON COMPLETION THEREOF, HE WAS TO PROCEED TO THE PORT IN WHICH THE U.S.S. PICTOR (AF-54) MIGHT BE AND UPON ARRIVAL HE WAS TO REPORT FOR DUTY. THESE ORDERS AUTHORIZED THE OFFICER TO DELAY 10 DAYS IN REPORTING TO THE PORT, SUCH DELAY TO COUNT AS LEAVE. A SECOND INDORSEMENT TO THESE ORDERS DATED DECEMBER 21, 1962, STATES THAT THE OFFICER WAS COMMISSIONED AND REPORTED AT THE U.S. NAVAL BASE, NEWPORT, RHODE ISLAND, FOR TEMPORARY DUTY ON THAT DATE AND WAS DETACHED THAT DAY TO CARRY OUT THE REMAINDER OF HIS BASIC ORDERS. NO REPORTING DATE WAS SPECIFIED IN THE ORDERS NOR WAS ANY MODE OF TRANSPORTATION SPECIFIED. THE DIRECTED PERMANENT CHANGE OF STATION TRAVEL WAS PERFORMED BY PRIVATELY OWNED VEHICLE AND THE OFFICER REPORTED ON BOARD THE U.S.S. PICTOR (AF-54) ON JANUARY 11, 1963. HE WAS MARRIED AT EDWARDSBURG, MICHIGAN, ON JANUARY 8, 1963, AND SUBMITTED A CLAIM FOR REIMBURSEMENT FOR HIS DEPENDENT WIFE'S TRAVEL FROM ELKHART, INDIANA, TO PALO ALTO, CALIFORNIA, DURING THE PERIOD JANUARY 8 TO 11, 1963.

IN SECOND INDORSEMENT DATED MARCH 7, 1963, THE COMPTROLLER OF THE NAVY REFERS TO THE DEFINITION OF THE EFFECTIVE DATE OF ORDERS AS CONTAINED IN PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS AND TO PARAGRAPH 3001-1C OF THE NAVY TRAVEL INSTRUCTIONS, IMPLEMENTING SUCH REGULATIONS, WHICH PROVIDE IN SUBSTANCE THAT WHEN A MEMBER IS AUTHORIZED LEAVE EN ROUTE TO HIS NEW PERMANENT DUTY STATION, TRAVEL TIME BY PRIVATELY OWNED VEHICLE WILL BE COMPUTED IN ACCORDANCE WITH ARTICLE C-5317, BUREAU OF NAVAL PERSONNEL MANUEL, AND THAT THE TRAVEL TIME BY PRIVATELY OWNED VEHICLE WHICH IS IN EXCESS OF THE AUTHORIZED TRAVEL TIME BY COMMON CARRIER, ALSO LISTED IN THAT ARTICLE, WILL BE ADDED TO THE DATE OF DETACHMENT FOR THE PURPOSE OF DETERMINING THE EFFECTIVE DATE OF ORDERS. THE OFFICIAL COMMON CARRIER DISTANCE BETWEEN NEWPORT AND SAN FRANCISCO, CALIFORNIA, THE HOME PORT OF THE U.S.S. PICTOR, IS 3,355 MILES AND THE OFFICIAL HIGHWAY DISTANCE IS 3,137 MILES AND, UNDER THE PROVISIONS OF ARTICLE C-5317, BUREAU OF NAVAL PERSONNEL MANUAL, AUTHORIZED TRAVEL TIME FOR TRAVEL IN THE UNITED STATES ON PERMANENT CHANGE OF STATION ORDERS WHICH DO NOT DIRECT AIR TRANSPORTATION IS COMPUTED ON THE BASIS OF 720 MILES PER DAY OR FRACTION THEREOF FOR TRAVEL BY COMMON CARRIER AND ON THE BASIS OF 250 MILES PER DAY FOR TRAVEL BY PRIVATELY OWNED VEHICLE WITH AN EXTRA DAY ALLOWED FOR ANY EXCESS OF 125 MILES OR MORE. THE COMPTROLLER STATES THAT COMPUTED ON SUCH BASIS, THE EFFECTIVE DATE OF THE OFFICER'S ORDERS WOULD BE JANUARY 7, 1963 (PRIOR TO THE DATE OF HIS MARRIAGE). IF, HOWEVER, THE ACTUAL COMMERCIAL COMMON CARRIER SCHEDULES ARE USED, THE OFFICER WOULD NOT BE REQUIRED TO LEAVE NEWPORT UNTIL JANUARY 8, 1963, IN ORDER TO ARRIVE IN SAN FRANCISCO ON JANUARY 11, 1963, AND ACCORDINGLY, THE EFFECTIVE DATE WOULD BE JANUARY 8, 1963 (THE DATE OF HIS MARRIAGE). THE COMPTROLLER THEREFORE PRESENTS THE FOLLOWING SPECIFIC QUESTIONS:

1. MUST THE DATE THE OFFICER WAS REQUIRED TO COMMENCE TRAVEL TO ARRIVE IN SAN FRANCISCO ON JANUARY 11, 1963, BE DETERMINED FROM ACTUAL COMMERCIAL SCHEDULES; OR

2. MAY THE DATE THE OFFICER WAS REQUIRED TO COMMENCE TRAVEL BE DETERMINED IN ACCORDANCE WITH THE RULES CONTAINED IN PARAGRAPH 3001-1C, NAVAL TRAVEL INSTRUCTIONS AND ARTICLE C-5317, BUREAU OF NAVAL PERSONNEL MANUAL, SUCH RULES HAVING BEEN APPROVED FOR ADMINISTRATIVE USE BY 38COMP. GEN. 513 AS MODIFIED BY 40 ID. 13?

IN THE FOURTH INDORSEMENT OF APRIL 3, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE EXPRESSES THE VIEW THAT ARTICLE C 5317, BUREAU OF NAVAL PERSONNEL MANUAL, PERTAINS TO ADMINISTRATIVE INSTRUCTIONS RELATIVE TO THE AMOUNT OF TRAVEL TIME A MEMBER WILL BE ALLOWED IN COMPLYING WITH ORDERS AND DOES NOT NECESSARILY REFLECT THE EXACT TIME REQUIRED FOR COMMON CARRIER TRAVEL IN ANY PARTICULAR CASE. THE COMMITTEE CONSIDERS THAT IN ACCORDANCE WITH THE DECISIONS OF OUR OFFICE IN THE MATTER, JANUARY 8, 1963, THE DATE THE OFFICER WOULD HAVE BEEN REQUIRED TO COMMENCE TRAVEL BY COMMON CARRIER (RAIL) IS THE EFFECTIVE DATE OF ORDERS IN THIS CASE.

PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED, EXCEPT (SUBPARAGRAPH 10), WHEN DEPENDENCY DOES NOT EXIST ON THE EFFECTIVE DATE OF THE ORDERS DIRECTING PERMANENT CHANGE OF STATION. PARAGRAPH 7060-2, IN EFFECT AT THE TIME TRAVEL WAS PERFORMED, PROVIDED IN EFFECT THAT A MEMBER TRAVELING UNDER PERMANENT CHANGE OF STATION ORDERS, WHO WAS GRANTED LEAVE EN ROUTE AND WAS MARRIED ON OR BEFORE THE EFFECTIVE DATE OF THE ORDERS, IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE OF MARRIAGE TO THE NEW STATION, THE ENTITLEMENT NOT TO EXCEED THAT FROM THE OLD TO THE NEW STATION.

AS THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE SAYS, 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 HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (RAIL UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED OR REQUIRED BY THE TRAVEL ORDERS. SEE 33 COMP. GEN. 289. UNDER THAT RULE THE DEPARTURE DATE NECESSARILY IS FOR DETERMINATION ON THE BASIS OF THE REQUIRED REPORTING DATE. IT HAS, HOWEVER, BEEN THE PRACTICE OF THE SEVERAL BRANCHES OF THE ARMED FORCES IN RECENT YEARS TO PERMIT TRAVEL BY PRIVATELY OWNED VEHICLE INCIDENT TO A PERMANENT CHANGE OF STATION AND TO ALLOW THE ADDITIONAL TRAVEL TIME FOR THAT PART OF THE TRAVEL PERFORMED BY THE SLOWER MODE OF PRIVATE CAR AS TRAVEL ON PUBLIC BUSINESS AND NOT CHARGEABLE TO LEAVE. THE REPORTING DATE IN SUCH CASES USUALLY IS NOT SPECIFIED IN THE ORDERS BUT IS DETERMINED ON THE BASIS OF THE TRAVEL TIME AUTHORIZED FOR THE MODE OF TRANSPORTATION USED. APPARENTLY, IN RECOGNITION OF THIS PRACTICE AND IN VIEW OF THE PRINCIPLE THAT A MEMBER'S RIGHT TO TRANSPORTATION ALLOWANCE ACCRUES UPON THE DATE HE MUST COMMENCE TRAVEL UNDER PERMANENT CHANGE OF STATION ORDERS IN ORDER TO MEET HIS REQUIRED REPORTING DATE, PARAGRAPH 3003-1B OF THE JOINT TRAVEL REGULATIONS WAS AMENDED EFFECTIVE MAY 1, 1959, TO PROVIDE THAT WHERE A MEMBER IS GRANTED ADDITIONAL TRAVEL TIME TO PERMIT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION THE EXCESS TRAVEL TIME WILL BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. ACCORDINGLY, UNDER THE PROVISIONS OF PARAGRAPH 3003-1B, THE EFFECTIVE DATE OF THE ORDERS OF A MEMBER WHO REPORTS AT HIS NEW PERMANENT DUTY STATION ON OR BEFORE THE DATE ON WHICH HIS LEAVE AND AUTHORIZED TRAVEL TIME TERMINATE IS FOR DETERMINATION ON THE BASIS OF THE TIME WHICH WOULD HAVE BEEN REQUIRED TO PERFORM THE TRAVEL BY COMMERCIAL CARRIER (RAIL) IN ORDER TO MEET THE SAME REPORTING DATE. QUESTION 1 ABOVE IS ANSWERED IN THE AFFIRMATIVE AND QUESTION 2 IN THE NEGATIVE.

ENSIGN PEREZ REPORTED AT HIS NEW DUTY STATION ON JANUARY 11, 1963, WHICH WAS PRIOR TO THE EXPIRATION OF HIS LEAVE AND AUTHORIZED TRAVEL TIME. HAD HE TRAVELED BY RAIL, HE WOULD NOT HAVE BEEN REQUIRED TO DEPART HIS OLD DUTY STATION UNTIL JANUARY 8, 1963, IN ORDER TO REACH HIS DESTINATION ON THE SAME REPORTING DATE. CONSEQUENTLY, HIS ORDERS WERE NOT EFFECTIVE FOR TRAVEL PURPOSES UNTIL JANUARY 8, THE DATE OF HIS MARRIAGE, AND HE IS ENTITLED TO REIMBURSEMENT FOR THE COST OF THE TRAVEL OF HIS DEPENDENT IN THE AMOUNT PROPERLY DUE FOR THE TRAVEL AS PERFORMED.