B-158283, FEB. 25, 1966

B-158283, FEB. 25, 1966

TO STAFF SERGEANT EUGENE L. GIRAUD, USMC, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 10, 1965, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED DECEMBER 3, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL PERFORMED FROM SAN ANTONIO, TEXAS, TO GREAT LAKES, ILLINOIS, AND RETURN, DURING THE PERIOD FROM JANUARY 3 TO FEBRUARY 5, 1965.

BY LETTER DATED NOVEMBER 25, 1964, THE COMMANDANT OF THE MARINE CORPS AUTHORIZED YOU TO APPEAR BEFORE A MEDICAL BOARD AND A PHYSICAL EVALUATION BOARD FOR A DETERMINATION OF YOUR PHYSICAL CONDITION AT THE TIME OF YOUR DISCHARGE FROM THE MARINE CORPS AS STAFF SERGEANT ON MAY 13, 1963. PARAGRAPH 7 OF THE LETTER STATED IN EFFECT THAT THE AUTHORIZATION TO PROCEED BEFORE THE MEDICAL BOARD AND THE PHYSICAL EVALUATION BOARD WAS MADE WITH THE UNDERSTANDING THAT YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR MILEAGE OR EXPENSE IN CONNECTION THEREWITH. IT STATED FURTHER THAT IF YOU DID NOT WANT TO BEAR THIS EXPENSE OR FOR ANY REASON YOU FAILED TO REPORT ON THE DATE SPECIFIED, YOU SHOULD REGARD THE AUTHORITY TO PROCEED AND REPORT BEFORE THE BOARDS AS REVOKED. BY FIRST ENDORSEMENT DATED DECEMBER 2, 1964, YOU WERE REQUESTED TO REPORT TO THE U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, ON JANUARY 6, 1965, TO APPEAR BEFORE MEDICAL AND PHYSICAL EVALUATION BOARDS.

BY LETTER DATED APRIL 29, 1965, YOU WERE ADVISED BY THE EXECUTIVE SECRETARY OF THE BOARD FOR CORRECTION OF NAVAL RECORDS THAT YOUR NAVAL RECORD WOULD BE CORRECTED TO SHOW THAT THE SECRETARY OF THE NAVY PLACED YOUR NAME UPON THE TEMPORARY DISABILITY RETIRED LIST WITH A 30 PERCENT DISABILITY RATING EFFECTIVE MAY 14, 1963, AND THAT YOU WOULD BE PAID ALL MONIES LAWFULLY FOUND TO BE DUE AS A RESULT OF THAT CORRECTION. THE RECORD SHOWS THAT YOU WERE PAID RETIRED PAY FOR THE PERIOD FROM MAY 14, 1963, THROUGH APRIL 21, 1965, LESS V.A. COMPENSATION RECEIVED BY YOU FOR THAT PERIOD, PLUS REFUND OF RECOUPMENT OF REENLISTMENT BONUS, FOR A TOTAL OF $1,531.71.

IT APPEARS THAT YOU TRAVELED BY RAIL FROM SAN ANTONIO, TEXAS, TO GREAT LAKES, ILLINOIS, JANUARY 3 TO 5, 1965, AND PERFORMED THE RETURN TRAVEL TO SAN ANTONIO, FEBRUARY 3 TO 5, 1965. IN LETTER DATED SEPTEMBER 29, 1965, YOU STATED THAT AT THE TIME YOU WERE ORDERED TO REPORT AT GREAT LAKES NAVAL HOSPITAL IN JANUARY 1965, YOU PAID FOR YOUR TRAVEL SINCE YOUR RECORD HAD NOT BEEN CORRECTED" AT THAT TIME. HOWEVER, SINCE YOUR RECORD WAS LATER CORRECTED AND YOU WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT FOR THAT TRAVEL. VIEW OF THE PERMISSIVE NATURE OF THE AUTHORIZATION FOR YOUR TRAVEL, YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 3, 1965, FOR THE REASON THAT UNDER THE PROVISIONS OF PARAGRAPH M6453 OF THE JOINT TRAVEL REGULATIONS AN ORDER PERMITTING A MEMBER TO TRAVEL AS DISTINGUISHED FROM DIRECTING A MEMBER TO TRAVEL DOES NOT ENTITLE HIM TO EXPENSES OF TRAVEL.

IN YOUR LETTER DATED DECEMBER 10, 1965, YOU STATE THAT ON THE BASIS OF THE LETTER SENT TO YOU FROM THE BOARD FOR CORRECTION OF NAVAL RECORDS DATED APRIL 29, 1965, WHICH ADVISED YOU THAT YOUR NAVAL RECORD WAS BEING CORRECTED TO SHOW THAT YOUR NAME WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE MAY 14, 1963, YOU FEEL THAT YOU ARE ENTITLED TO REIMBURSEMENT OF YOUR TRAVEL EXPENSE TO THE GREAT LAKES NAVAL HOSPITAL IN JANUARY AND FEBRUARY 1965.

THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 404. PARAGRAPH M6453 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT AN ORDER PERMITTING A MEMBER TO TRAVEL AS DISTINGUISHED FROM DIRECTING A MEMBER TO TRAVEL DOES NOT ENTITLE HIM TO EXPENSES OF SUCH TRAVEL. IMPLEMENTING THIS PROVISION, PARAGRAPH 1320 3-F, MARINE CORPS MANUAL (1961 ED.) PROVIDES AS FOLLOWS:

"ON CERTAIN OCCASIONS TRAVEL MAY BE DESIRABLE FROM THE MARINE CORPS VIEWPOINT BUT MAY NOT BE SUFFICIENTLY JUSTIFIABLE TO WARRANT EXPENDITURE OF MARINE CORPS FUNDS. UNDER THESE CIRCUMSTANCES ANY COMMANDER WHO IS AUTHORIZED TO ISSUE TRAVEL ORDERS MAY ISSUE PERMISSIVE ORDERS AUTHORIZING TRAVEL AT NO EXPENSE TO THE GOVERNMENT. TRAVEL PERFORMED UNDER PERMISSIVE ORDERS MUST BE VOLUNTARY.'

THE LETTER OF NOVEMBER 25, 1964, FROM THE COMMANDANT OF THE MARINE CORPS, AUTHORIZED AND DID NOT DIRECT YOU TO APPEAR BEFORE THE MEDICAL BOARD AT GREAT LAKES, ILLINOIS, AND PROVIDED THAT SUCH AUTHORITY WAS WITH THE UNDERSTANDING THAT YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR MILEAGE OR EXPENSE IN CONNECTION WITH YOUR TRAVEL AND IF YOU DID NOT WANT TO BEAR THIS EXPENSE YOU SHOULD REGARD THE AUTHORITY TO PROCEED ANY REPORT BEFORE THE MEDICAL BOARD AS REVOKED. THEREFORE, ALTHOUGH BY ACTION OF THE BOARD FOR THE CORRECTION OF NAVAL RECORDS YOU WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE MAY 14, 1963, YOU MAY NOT PROPERLY BE CONSIDERED AS ENTITLED TO REIMBURSEMENT FOR ANY COSTS INCURRED BY YOU, EVEN THOUGH IN THAT STATUS, IN VOLUNTARILY COMPLYING WITH THE AUTHORIZATION IN THE LETTER OF NOVEMBER 25, 1964, TO APPEAR BEFORE THE MEDICAL BOARD AT GREAT LAKES, ILLINOIS.