B-59526, JAN 13, 1947

B-59526, JAN 13, 1947

PRECIS-UNAVAILABLE

MR. DANIEL M. HEINDEL:

2915 KOSSUTH STREET

LAFAYETTE, INDIANA

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 4, 1946, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 24, 1946, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED BY YOU AS A LIEUTENANT, S (E3) T, USNR, FROM SAN FRANCISCO, CALIFORNIA, TO BOSTON, MASSACHUSETTS, PURSUANT TO ORDERS DATED MARCH 10, 1945.

THE SAID ORDERS OF MARCH 10, 1945, OFFICE OF THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA, WERE BASED UPON BUPERS DESPATCH 121650 OF OCTOBER, 1944, AS MODIFIED BY BUPERS DESPATCH 091958 MARCH, 1945, AND DETACHED YOU FROM TEMPORARY DUTY IN THE TWELFTH NAVAL DISTRICT AND DIRECTED YOU TO PROCEED AND REPORT TO THE NAVAL TRAINING SCHOOL (RADAR), MASSACHUSETTS INSTITUTE OF TECHNOLOGY, BOSTON, MASSACHUSETTS, FOR TEMPORARY DUTY UNDER INSTRUCTION OF APPROXIMATELY TWO MONTHS IN CONNECTION WITH REFRESHER TRAINING PENDING FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL. SAID ORDERS AUTHORIZED A DELAY IN REPORTING AT BOSTON, UNTIL APRIL 14, 1945. ENDORSEMENTS ON THOSE ORDERS SHOW THAT YOU PROCEEDED TO BOSTON, USING TRANSPORTATION FURNISHED ON GOVERNMENT TRANSPORTATION REQUEST AND THAT YOU WERE PAID MILEAGE IN THE SUM OF $165.10, ON VOUCHER NO. 5562-45 OF THE APRIL, 1945, ACCOUNTS OF LIEUTENANT G. T. MCCOY, (SC), USNR.

SAID DESPATCH ORDERS 121650, AS MODIFIED BY DESPATCH ORDERS 091958, WERE FURTHER MODIFIED BY BUREAU OF NAVAL PERSONNEL ORDERS DATED MAY 22, 1945, SO AS TO PRESCRIBE A PER DIEM ALLOWANCE OF $7 IN ACCORDANCE WITH ARTICLE 2501-4(D), U.S. NAVAL TRAVEL INSTRUCTIONS, FOR THE REMAINDER OF YOUR TRAVEL PERIOD, EFFECTIVE MAY 22, 1945. ENDORSEMENTS THEREON INDICATE THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOUR OCCUPANCY IN BOSTON, AND THAT YOU WERE PAID PER DIEM IN THE AMOUNT OF $24.90 ON VOUCHER NO. 6458 OF THE JUNE, 1945, ACCOUNTS OF CAPTAIN J. A. BEBENTISCH, SC, USN, RETIRED. EXAMINATION OF THE VOUCHER SHOWS THAT SAID PAYMENT REPRESENTS THE DIFFERENCE BETWEEN PER DIEM FOR THE PERIOD MAY 22 TO JUNE 17, 1945, AND THE SUM OF $164.10, PREVIOUSLY PAID YOU AS MILEAGE.

BUREAU OF NAVAL PERSONNEL ORDERS DATED JUNE 4, 1945, DETACHED YOU FROM TEMPORARY DUTY AT THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY-- WHEN SO DIRECTED BY THE OFFICER-IN-CHARGE, NAVAL TRAINING SCHOOL (RADAR), AT THAT PLACE, ON OR ABOUT JUNE 18, 1945-- AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU AND DIRECTED YOU TO PROCEED TO NEW YORK, NEW YORK, AND REPORT TO THE COMMANDANT, NAVY YARD, FOR DUTY. IT APPEARS THAT YOU PROCEEDED FROM BOSTON TO NEW YORK ON JUNE 18, 1945, AND THAT YOU WERE PAID MILEAGE IN THE SUM OF $18.32 FOR THAT TRAVEL ON VOUCHER NO. 129 OF THE JULY, 1945, ACCOUNTS OF CAPTAIN BEBENTISCH.

WHILE IT IS WELL ESTABLISHED THAT BOTH MILEAGE AND PER DIEM MAY NOT BE PRESCRIBED FOR THE SAME TRAVEL STATUS PERIOD, AND THAT A PER DIEM ALLOWANCE MAY NOT BE PRESCRIBED RETROACTIVELY, IT HAS BEEN HELD THAT ORDERS AUTHORIZING THE PAYMENT OF MILEAGE MAY BE AMENDED SO AS TO PRESCRIBE PER DIEM FOR THE REMAINDER OF THE TRAVEL PERIOD, PROVIDED THAT THE COST TO THE GOVERNMENT OF THE TRAVEL THERETOFORE PERFORMED IN A MILEAGE STATUS TOGETHER WITH TRAVEL THEREAFTER PERFORMED IN A PER DIEM STATUS, DOES NOT EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT IF THE ORIGINAL ORDERS HAD PRESCRIBED PER DIEM. 23 COMP.GEN. 713. SINCE THE SUM OF $164.10 PAID YOU AS MILEAGE ON SAID VOUCHER NO. 5562-45 IS LESS THAN YOU WOULD HAVE RECEIVED HAD YOU BEEN ENTITLED TO PER DIEM UNDER THE ORIGINAL ORDERS FOR THE TRAVEL PERIOD BEGINNING AT THE TIME YOU LEFT SAN FRANCISCO, TO THE EFFECTIVE DATE OF THE MODIFYING ORDERS OF MAY 22, 1945, YOU ARE ENTITLED TO A REFUND OF THAT SUM AS DEDUCTED ON SAID VOUCHER NO. 6458. HOWEVER, THE ORDERS OF MAY 22, AUTHORIZED THE PAYMENT OF PER DIEM "FOR THE REMAINDER OF YOUR TRAVEL PERIOD." THAT TRAVEL PERIOD DID NOT END UNTIL YOU ARRIVED AT YOUR NEW PERMANENT STATION IN NEW YORK. HENCE, THE SUM OF $18.32, PAID YOU AS MILEAGE ON VOUCHER NO. 129 WAS NOT AUTHORIZED UNDER THE CITED ORDERS. SEE IN THIS CONNECTION, PARAGRAPH 5, BUREAU OF PERSONNEL CIRCULAR LETTER NO. 48-44, DATED FEBRUARY 19, 1944, NAVY DEPARTMENT BULLETIN, JANUARY - JUNE 1944, 44-229, PAGE 489. SINCE THE TRAVEL FROM BOSTON TO NEW YORK, WAS PERFORMED BY YOU WHILE IN A PER DIEM STATUS YOU WERE ENTITLED TO TRANSPORTATION BETWEEN THOSE POINTS AND A PER DIEM OF $7 FOR JUNE 18, 1945, INSTEAD OF MILEAGE AS PAID FOR SUCH TRAVEL.

A SETTLEMENT IN ACCORDANCE WITH THE FOREGOING WILL ISSUE IN DUE COURSE.