B-157508, NOV. 15, 1965

B-157508, NOV. 15, 1965

TO FIRST LIEUTENANT GLENN H. ANDERSON, USAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10, 1965, PERTAINING TO YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES FOR TRAVEL TIME INCIDENT TO TRAVEL STATED TO HAVE BEEN PERFORMED BY YOU FROM ELMHURST, ILLINOIS, TO YOUR FIRST DUTY STATION, FORT SILL, OKLAHOMA, AS A RESERVE OFFICER.

BY LETTER ORDERS NO. A-01-109, ISSUED BY HEADQUARTERS FIFTH UNITED STATES ARMY, CHICAGO, ILLINOIS, ON JANUARY 17, 1962, YOU WERE ORDERED WITH YOUR CONSENT TO SERVE FOR A PERIOD OF 24 MONTHS ON ACTIVE DUTY AND ASSIGNED TO THE UNITED STATES ARMY GARRISON, FORT CARSON, COLORADO, WITH APPROXIMATELY 8 WEEKS' TEMPORARY DUTY ENROUTE AT THE UNITED STATES ARMY ARTILLERY AND MISSILE SCHOOL, FORT SILL, OKLAHOMA, TO ATTEND CLASS. THOSE ORDERS WERE ADDRESSED TO YOU AT ELLIOTT, IOWA, APPARENTLY THE PLACE WHERE YOU WERE RESIDING ON THE DATE OF THEIR ISSUANCE, AND REQUIRED YOU TO REPORT TO FORT SILL NOT LATER THAN FEBRUARY 5, 1962. THE VOUCHER COVERING THE PAYMENT OF MILEAGE TO YOU, $39,54 (659 MILES AT 6 CENTS PER MILE), IS SUPPORTED BY A WRITTEN STATEMENT OVER YOUR SIGNATURE SHOWING THAT THE PLACE WHERE YOU RECEIVE THE ORDERS WAS ELLIOTT AND THAT YOU DEPARTED FROM THAT CITY ON FEBRUARY 1, 1962, BY PRIVATELY OWNED AUTOMOBILE, AND ARRIVED AT FORT SILL ON THE FOLLOWING DAY. ALSO, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, REPORTED THAT YOU WERE PAID PAY AND ALLOWANCES EFFECTIVE FEBRUARY 4, 1962, AS A SECOND LIEUTENANT, THE GRADE THEN HELD BY YOU, ALLOWING YOU 2 DAYS' TRAVEL TIME FOR THE DISTANCE BETWEEN ELLIOTT AND FORT SILL.

ON THE PREMISE THAT YOU SHOULD HAVE BEEN ALLOWED PAY AND ALLOWANCES FROM YOUR HOME OF RECORD AT THE TIME OF THE ISSUANCE OF THE ORDERS, ELMHURST, ILLINOIS, RATHER THAN FROM ELLIOTT, YOU FILED A CLAIM WITH THE ARMY FOR ADDITIONAL PAY AND ALLOWANCES INASMUCH AS THE DISTANCE BETWEEN ELMHURST AND FORT SILL IS APPROXIMATELY 886 MILES. IN A LETTER DATED AUGUST 24, 1964, TO THE CLAIMS DIVISION, FINANCE CENTER, YOU STATED THAT WHEN YOU "ENTERED SERVICE" YOU LEFT FROM ELMHURST AND THAT SINCE ELMHURST RATHER THAN ELLIOTT WAS YOUR HOME OF RECORD YOU SHOULD HAVE BEEN ALLOWED 3 OR 4 DAYS' INSTEAD OF 2 DAYS' PAY AND ALLOWANCES FOR THE TRAVEL TIME TO FORT SILL. IN SUPPORT OF THE CLAIM YOU MADE REFERENCE TO SPECIAL ORDERS NO. 14, ISSUED BY HEADQUARTERS, 5TH INFANTRY DIVISION (MECHANIZED) AND FORT CARSON, FORT CARSON, COLORADO, DATED JANUARY 15, 1964, WHICH RELIEVED YOU FROM ACTIVE DUTY. THOSE ORDERS SHOW THAT ELMHURST WAS YOUR HOME OF RECORD AND THAT YOUR PERMANENT ADDRESS WAS 300 HIGHLAND, ELMHURST.

ON APRIL 22, 1965, THE FINANCE CENTER, U.S. ARMY, FORWARDED YOUR CLAIM AND RELATED PAPERS TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION. SETTLEMENT DATED MAY 11, 1965, THAT DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT SINCE THE ORDERS OF JANUARY 17, 1962, WERE ADDRESSED TO YOU AT ELLIOTT AND SINCE YOU WERE ENTITLED TO AND PAID THE MILEAGE ALLOWANCE UNDER PARAGRAPH M4156, CASE 1, JOINT TRAVEL REGULATIONS, PAYMENT OF AN ADDITIONAL AMOUNT IS NOT AUTHORIZED. THE FOREGOING PROVISION IS TO THE EFFECT THAT WHEN ORDERS TO ACTIVE DUTY ARE RECEIVED AT A PLACE OTHER THAN THAT TO WHICH THEY ARE ADDRESSED, TRAVEL ALLOWANCES ARE AUTHORIZED FROM THE PLACE OF RECEIPT OF ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE PLACE TO WHICH ADDRESSED.

IN YOUR LETTER OF AUGUST 10, 1965, YOU PROTESTED THE SETTLEMENT ACTION OF OUR CLAIMS DIVISION. YOU SAY IN THAT LETTER, AMONG OTHER THINGS, THAT YOU WERE LIVING AT THE ELMHURST ADDRESS 5 MONTHS BEFORE YOU RECEIVED YOUR "ORIGINAL ORDERS" AND THAT YOU TRAVELED FROM ELMHURST TO FORT SILL WHEN YOU "ENTERED ACTIVE SERVICE.'

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF MARCH 31, 1955, 69 STAT. 19, 37 U.S.C. 232 (D) (1958 ED.), PROVIDES THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN CASE OF MEMBERS OF THE UNIFORMED SERVICES ORDERED TO ACTIVE DUTY IN EXCESS OF 30 DAYS, ACTIVE DUTY SHALL INCLUDE "THE TIME REQUIRED TO PERFORM TRAVEL" FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS. EXECUTIVE ORDER NO. 10153, AUGUST 17, 1950, PRESCRIBING REGULATIONS UNDER THAT SECTION, PROVIDES THAT WHEN TRAVEL BY PRIVATELY OWNED CONVEYANCE IS SPECIFICALLY AUTHORIZED IN CONNECTION WITH REPORTING FOR ACTIVE DUTY AND TRAVEL IS SO PERFORMED, THE TRAVEL TIME TO BE INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES TRAVELED, AND ONE DAY FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES TRAVELED. IT FURTHER PROVIDES THAT THE SECRETARIES CONCERNED MAY PRESCRIBE SUCH SUPPLEMENTARY REGULATIONS AS THEY MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT SUCH REGULATIONS. PARAGRAPH 20-21D (1), ARMY REGULATIONS 37- 104, CHANGE 21, EFFECTIVE JANUARY 1, 1960, PROVIDED THAT THE PAY STATUS OF RESERVE MEMBERS CALLED TO ACTIVE DUTY BEGINS ON THE DATE A MEMBER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY EITHER FOR TRAINING OR MOBILIZATION AND EXTENDS TO AND INCLUDES THE DATE HE IS RELIEVED FROM ACTIVE DUTY. PARAGRAPH 20-21 (D) (3) OF THE SAME REGULATION PROVIDED THAT IN THE CASE OF MEMBERS CALLED OR ORDERED TO ACTIVE DUTY IN EXCESS OF 30 DAYS, ACTIVE DUTY WILL INCLUDE THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION, AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS.

UNDER THE LAW AND IMPLEMENTING REGULATIONS A MEMBER OF THE RESERVE CALLED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 30 DAYS AND SPECIFICALLY AUTHORIZED TO USE A PRIVATELY OWNED CONVEYANCE FOR REPORTING TO ACTIVE DUTY IS ENTITLED TO BE PAID THE PAY AND ALLOWANCES FOR HIS GRADE FOR THE TIME OF ACTUAL OFFICIAL AND NECESSARY TRAVEL FROM HIS HOME TO FIRST DUTY STATION BY PRIVATELY OWNED CONVEYANCE, BASED ON THE DISTANCE AS SHOWN IN OFFICIAL HIGHWAY GUIDES AND ON THE TRAVEL TIME RATE APPLICABLE THERETO AS SHOWN IN THE REGULATIONS. SUCH AUTHORIZATION CLEARLY IS NOT INTENDED TO EXTEND TO TRAVEL IN EXCESS OF THAT NECESSARY TO ACCOMPLISH THE REQUIREMENTS AND PURPOSE OF THE ORDERS. CONSEQUENTLY, WHERE ORDERS ARE RECEIVED BY A MEMBER OF THE RESERVE AT A PLACE OTHER THAN HIS HOME AND HE TRAVELS FROM SUCH PLACE TO HIS FIRST DUTY STATION BY PRIVATELY OWNED CONVEYANCE, AS SPECIFICALLY AUTHORIZED IN SUCH ORDERS, THE LAW AND REGULATIONS CONTEMPLATE PAYMENT OF PAY AND ALLOWANCES TO HIM FOR THE TRAVEL TIME, AS INDICATED ABOVE, BASED ON THE DISTANCE BETWEEN THOSE POINTS, PROVIDED SUCH DISTANCE DOES NOT EXCEED THE DISTANCE BETWEEN HIS HOME AND FIRST DUTY STATION, SUCH BEING THE ONLY TRAVEL NECESSARY UNDER THE ORDERS.

SINCE IT IS ESTABLISHED BY THE RECORD THAT YOU RECEIVED YOUR ORDERS AT ELLIOTT AND THAT YOU TRAVELED FROM THAT CITY DIRECTLY TO FORT SILL, THERE APPEARS TO BE NO LEGAL AUTHORITY TO PAY YOU ON THE BASIS OF THE TRAVEL TIME COVERING THE DISTANCE BETWEEN YOUR HOME OF RECORD AT THE TIME OF THE ISSUANCE OF THE 1962 ORDERS, ELMHURST, TO FORT SILL. THEREFORE, THE PAYMENT OF PAY AND ALLOWANCES FOR 2 DAYS' TRAVEL TIME MADE BY THE ARMY TO YOU WAS PROPER AND IN ACCORDANCE WITH THE GOVERNING LAWS AND REGULATIONS.

ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF MAY 11, 1965, WAS CORRECT AND IS SUSTAINED.