B-102144, APRIL 13, 1951, 30 COMP. GEN. 400

B-102144, APRIL 13, 1951, 30 COMP. GEN. 400

MILEAGE - RELEASE FROM ACTIVE DUTY - RESERVE OFFICERS UNDER THE TRAVEL ALLOWANCE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, RESERVE OFFICERS RELEASED FROM ACTIVE DUTY MAY BE ALLOWED MILEAGE FROM THE LAST DUTY STATION TO THE OFFICIAL RESIDENCE OF RECORD AT THE TIME OF CALL TO ACTIVE DUTY, IF MILEAGE IS SO CLAIMED AND TRAVEL IS PERFORMED TO THAT PLACE, AND A SUBSEQUENT CHANGE OF HOME ADDRESS AFTER ENTRY INTO THE SERVICE CAN ADD NOTHING TO AN OFFICER'S RIGHT TO MILEAGE, OR TRANSPORTATION OF DEPENDENTS, UPON RELEASE FROM ACTIVE DUTY. WHILE SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AUTHORIZES THE PAYMENT OF ADVANCE MILEAGE TO RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY, COMPUTED ON THE DISTANCE FROM THE PLACE OF RELEASE TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, SUCH MILEAGE IS PAYABLE "FOR THEIR RETURN HOME," AND IN THE EVENT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY IS FARTHER FROM THE PLACE OF RELEASE THAN IS THE HOME OF RECORD AT THE TIME OF ENTRY ON ACTIVE DUTY, MILEAGE IS LIMITED TO THE DISTANCE TO THE HOME.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. MARK W. BILLINGS, APRIL 13, 1951:

REFERENCE IS MADE TO YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE AMOUNT HERETOFORE PAID TO YOU AND THE AMOUNT TO WHICH YOU BELIEVE YOU ARE ENTITLED AS REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENT WIFE FROM CLEVELAND, OHIO, TO SAN DIEGO, CALIFORNIA, IN CONNECTION WITH YOUR RELEASE FROM ACTIVE DUTY, WHICH CLAIM WAS FORWARDED TO THIS OFFICE UNDER DATE OF DECEMBER 13, 1950, BY THE QUARTERMASTER GENERAL, UNITED STATES MARINE CORPS. INASMUCH AS THIS MATTER WAS THE SUBJECT OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF JULY 10, 1950, WHICH ALLOWED YOU THE SUM OF $6.56 ON ACCOUNT OF SAID TRAVEL, THE PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR REVIEW OF SAID SETTLEMENT.

BY ORDERS FROM THE COMMANDANT OF THE MARINE CORPS DATED JUNE 6, 1946, YOU WERE DIRECTED TO PROCEED FROM CLEVELAND TO YOUR HOME AND TRAVEL TIME AUTHORIZED THEREIN, IT BEING STATED THAT YOU WERE ORDERED TO ACTIVE DUTY FROM LOS ANGELES, CALIFORNIA, AND THAT YOUR RESIDENCE AT THAT TIME WAS DETROIT, MICHIGAN. YOU HAVE SUBMITTED A COPY OF A LETTER ADDRESSED TO THE COMMANDANT OF THE MARINE CORPS UNDER DATE OF JUNE 10, 1946, IN WHICH YOU REQUESTED THAT YOUR OFFICIAL RESIDENCE OF RECORD BE CHANGED FROM DETROIT, MICHIGAN, TO SAN DIEGO, CALIFORNIA.

UNDER THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1944, 58 STAT. 730, OFFICERS ARE ENTITLED TO MILEAGE AT THE RATE OF 8 CENTS PER MILE "WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, INCLUDING TRAVEL * * * FROM LAST STATION TO HOME IN CONNECTION WITH RELIEF FROM ACTIVE DUTY.' SECTION 3 OF SAID PAY READJUSTMENT ACT, AS AMENDED BY SECTION 7 OF THE SAID ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, PERMITS THE ADVANCE PAYMENT OF MILEAGE TO RESERVE OFFICERS "FOR THEIR RETURN HOME * * * COMPUTED FROM THE PLACE OF RELEASE TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY WITHOUT REGARD TO ACTUAL PERFORMANCE OF TRAVEL.' ALSO, AUTHORITY IS CONTAINED IN SAID SECTION 12, FOR THE FURNISHING OF TRANSPORTATION AT GOVERNMENT EXPENSE TO DEPENDENTS OF OFFICERS WHO ARE ORDERED TO MAKE A PERMANENT CHANGE OF STATION, AND A PERMANENT CHANGE OF STATION IS DEFINED THEREIN AS INCLUDING "THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.' IT IS WELL ESTABLISHED THAT THE "HOME" TO WHICH REFERENCE IS MADE IN THE FOREGOING AND OTHER SIMILAR PROVISIONS OF LAW IS THE HOME OF RECORD AT THE TIME THE OFFICER IS ORDERED TO ACTIVE DUTY. COMP. GEN. 731, 24 ID. 291; ARTICLE 8070-1, OF THE NAVY TRAVEL INSTRUCTIONS. A SUBSEQUENT CHANGE OF HOME ADDRESS AFTER ENTRY INTO THE SERVICE CAN ADD NOTHING TO AN OFFICER'S RIGHT TO MILEAGE, OR TRANSPORTATION OF DEPENDENTS, UPON RELEASE FROM ACTIVE DUTY. SINCE IT APPEARS CLEAR THAT YOUR HOME OF RECORD AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY WAS AT DETROIT, MICHIGAN, THERE IS NO AUTHORITY FOR REIMBURSEMENT OF EXPENSES OF TRAVEL OF YOUR WIFE TO YOUR LATER SELECTED HOME AT SAN DIEGO. ACCORDINGLY, THE AMOUNT ALLOWED IN THE SETTLEMENT OF JULY 10 WAS CORRECTLY COMPUTED ON THE BASIS OF THE DISTANCE FROM CLEVELAND TO DETROIT, AND UPON REVIEW, SUCH SETTLEMENT IS SUSTAINED.

THE RECORD SHOWS THAT YOU WERE ALLOWED $196.59 BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF JANUARY 25, 1950, AS MILEAGE FROM YOUR LAST STATION AT CLEVELAND, TO LOS ANGELES, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. WHILE SECTION 3 OF THE SAID PAY READJUSTMENT ACT OF 1942, AS AMENDED, AUTHORIZES THE PAYMENT OF ADVANCE MILEAGE TO RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY, COMPUTED ON THE DISTANCE FROM THE PLACE OF RELEASE TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, SUCH MILEAGE IS PAYABLE "FOR THEIR RETURN HOME," AND IN THE EVENT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY IS FARTHER FROM THE PLACE OF RELEASE FROM ACTIVE DUTY THAN IS THE HOME OF RECORD AT THE TIME OF ENTRY ON ACTIVE DUTY, MILEAGE IS LIMITED TO THE DISTANCE TO THE HOME. 24 COMP. GEN. 291; ARTICLE 9001-2A (2) (A) OF THE NAVY TRAVEL INSTRUCTIONS. SINCE THE DISTANCE FROM CLEVELAND TO DETROIT APPEARS TO BE 164 MILES, YOU WERE ENTITLED ONLY TO $13.12 AS MILEAGE IN CONNECTION WITH YOUR RELEASE FROM ACTIVE DUTY. HENCE, IT APPEARS THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $183.47 BY REASON OF OVERPAYMENT OF MILEAGE ON SAID SETTLEMENT OF JANUARY 25, 1950, AND THAT AMOUNT SHOULD BE REMITTED TO THIS OFFICE BY CHECK OR MONEY ORDER MADE PAYABLE TO THE TREASURER OF THE UNITED STATES.