B-81146, OCTOBER 25, 1950, 30 COMP. GEN. 169

B-81146, OCTOBER 25, 1950, 30 COMP. GEN. 169

MILEAGE - ARMY OFFICERS - TRAVEL TO HOME ON RETIREMENT OR RELEASE FROM ACTIVE DUTY A TEMPORARY COMMISSIONED ARMY OFFICER WHO WAS PAID MILEAGE TO HIS HOME UPON RELEASE FROM ACTIVE DUTY FOR PHYSICAL DISABILITY, AND WHO COINCIDENT WITH SUCH RELEASE WAS REAPPOINTED AND IMMEDIATELY RETIRED AS A REGULAR ARMY WARRANT OFFICER UNDER ORDERS DIRECTING TRAVEL TO HIS HOME, IS NOT ENTITLED UNDER SUCH ORDERS TO PAYMENT OF MILEAGE TO ANOTHER PLACE SELECTED AS HIS HOME AFTER RELEASE FROM ACTIVE DUTY AS A TEMPORARY COMMISSIONED OFFICER, EVEN THOUGH THE TRAVEL MAY HAVE BEEN PERFORMED IN DIFFERENT CAPACITIES.

ASSISTANT COMPTROLLER GENERAL YATES TO WILLIAM J. LANS, OCTOBER 25, 1950:

THERE HAS BEEN CONSIDERED YOUR LETTERS OF SEPTEMBER 21, 1948, AND SEPTEMBER 15, 1949, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 21, 1948, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED BY YOU FROM PHILADELPHIA, PENNSYLVANIA, TO PALO ALTO, CALIFORNIA, SUBSEQUENT TO YOUR RETIREMENT FROM THE MILITARY SERVICE.

BY PARAGRAPH 13, SPECIAL ORDERS NO. 68, DATED APRIL 7, 1947, HEADQUARTERS, BROOKE GENERAL HOSPITAL, BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, YOU WERE DIRECTED TO PROCEED TO YOUR HOME, STATED TO BE FREEHOLD, NEW JERSEY, SO AS TO ARRIVE THEREAT NOT LATER THAN JUNE 6, 1947, ON WHICH DATE YOU WOULD BE RELEASED FROM FURTHER ACTIVE DUTY AND WOULD REVERT TO AN INACTIVE STATUS BY REASON OF PHYSICAL DISABILITY, IT BEING STATED THEREIN THAT YOUR AUS APPOINTMENT AS A LIEUTENANT COLONEL WOULD REMAIN IN FORCE DURING THE PRESENT EMERGENCY PLUS SIX MONTHS UNLESS SOONER TERMINATED BY DIRECTION OF THE PRESIDENT. UNDER DATE OF MAY 1, 1947, YOU ADDRESSED A COMMUNICATION TO THE ADJUTANT GENERAL, WASHINGTON, D.C., REQUESTING THAT YOU BE REAPPOINTED ON JUNE 7, 1947, A WARRANT OFFICER, JUNIOR GRADE, REGULAR ARMY, AND BE RETIRED IN THAT GRADE ON JUNE 30, 1947, IF POSSIBLE, AND THAT, IN VIEW OF YOUR STATUS AND CONDITION YOU "BE NOT ORDERED TO DUTY AS A WARRANT OFFICER" BUT THAT YOU BE PERMITTED TO REMAIN AT YOUR HOME. IT WAS STATED THEREIN THAT YOUR ADDRESS THEN WAS PHILADELPHIA, PENNSYLVANIA, AND THAT YOUR ADDRESS AFTER RETIREMENT WOULD BE FLAGSTAFF, ARIZONA.

PARAGRAPH 28, WAR DEPARTMENT SPECIAL ORDERS NO. 112, JUNE 6, 1947, ANNOUNCED YOUR REAPPOINTMENT AS A WARRANT OFFICER, JUNIOR GRADE, REGULAR ARMY, EFFECTIVE JUNE 7, 1947, WITH RANK FROM JANUARY 14, 1941. VERBAL ORDERS OF THE COMMANDING GENERAL OF JUNE 7, 1947, ASSIGNING YOU TO HEADQUARTERS SECOND ARMY, BALTIMORE, MARYLAND, PENDING RETIREMENT, WERE CONFIRMED AND MADE OF RECORD BY PARAGRAPH 8, SPECIAL ORDERS NO. 116, HEADQUARTERS SECOND ARMY, OFFICE OF THE COMMANDING GENERAL, BALTIMORE, MARYLAND, DATED JUNE 13, 1947. SAID ORDERS ALSO STATE "OFF WILL NOT RPT IN COMPLIANCE W/THESE ORDER.' PARAGRAPH 81, WAR DEPARTMENT SPECIAL ORDERS NO. 124, JUNE 24, 1947, STATES THAT HAVING BEEN FOUND INCAPACITATED FOR ACTIVE SERVICE ON ACCOUNT OF DISABILITY INCIDENT THERETO, YOUR RETIREMENT FROM ACTIVE SERVICE ON JUNE 30, 1947, WAS ANNOUNCED. SAID ORDERS ALSO RELEASED YOU FROM NOMINAL ASSIGNMENT TO STATION AT FORT GEORGE G. MEADE, MARYLAND, ON JUNE 30, 1947, AND DIRECTED YOU TO PROCEED TO YOUR HOME AT THE PROPER TIME. YOU STATE THAT YOU LATER SELECTED PALO ALTO, CALIFORNIA, AS YOUR HOME AND PROCEEDED THERETO BY PRIVATELY OWNED CONVEYANCE IN OCTOBER 1947. IT IS INDICATED THAT YOU HAVE BEEN PAID MILEAGE FROM FORT SAM HOUSTON, TEXAS, TO FREEHOLD, NEW JERSEY.

THERE APPEARS TO BE NO SPECIFIC STATUTORY AUTHORITY FOR THE PAYMENT OF MILEAGE TO AN OFFICER FOR TRAVEL TO HIS HOME UPON RETIREMENT. HOWEVER, THE DECISIONS OF THIS OFFICE HAVE HELD THAT AN OFFICER IN THE REGULAR ESTABLISHMENT PLACED ON THE RETIRED LIST CONTINUES TO BE AN OFFICER AND THAT AN ORDER ISSUED TO HIM BEFORE HIS RETIREMENT OR COINCIDENT THEREWITH AND WHILE ON THE ACTIVE LIST, DIRECTING HIM TO TRAVEL TO HIS HOME UPON RETIREMENT, IS A COMPETENT ORDER ENTITLING HIM TO MILEAGE FOR TRAVEL FROM THE PLACE WHERE HE WAS ON DUTY WHEN RETIRED TO THE HOME SELECTED BY HIM. SEE 4 COMP. GEN. 954; 8 ID. 327. THE REASON FOR THE RULE IS THAT A REGULAR OFFICER ON THE ACTIVE LIST IN THE ARMED SERVICES GENERALLY HAS NO FIXED HOME OR PLACE OF ABODE OUTSIDE THE SERVICE AND, HENCE, UPON THE TERMINATION OF HIS ACTIVE CAREER IN SUCH SERVICE BY RETIREMENT MAY SELECT THE PLACE WHICH IS TO BE HIS HOME. THAT REASON FOR THE RULE HAS NO APPLICATION IN YOUR CASE, HOWEVER, SINCE YOUR APPOINTMENT AND IMMEDIATE RETIREMENT AS A REGULAR ARMY WARRANT OFFICER WERE PRACTICALLY COINCIDENT WITH YOUR RELEASE FROM ACTIVE DUTY AS A TEMPORARY COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES FOR WHICH YOU WERE PAID MILEAGE FROM FORT SAM HOUSTON, TEXAS, TO YOUR "HOME" AT FREEHOLD, NEW JERSEY. THE RULE MAY NOT BE VIEWED AS AUTHORIZING A DOUBLE PAYMENT OF MILEAGE TO TWO DIFFERENT "HOMES" AT ABOUT THE SAME TIME, ALTHOUGH THE TRAVEL MAY HAVE BEEN PERFORMED IN DIFFERENT CAPACITIES. UNDER SUCH CIRCUMSTANCES, THE ORDERS OF JUNE 24, 1947, MAY NOT BE REGARDED AS COMPETENT ORDERS FOR TRAVEL TO SOME OTHER PLACE AS YOUR HOME AND, THEREFORE, NO RIGHT TO MILEAGE FOR THE TRAVEL INVOLVED MAY BE RECOGNIZED. THAT IS, HAVING CLAIMED AND BEEN PAID MILEAGE FROM TEXAS TO YOUR "HOME" AT FREEHOLD, NEW JERSEY, UPON YOUR RELEASE FROM ACTIVE DUTY ON JUNE 6, 1947, YOU COULD NOT BE HEARD TO SAY A FEW DAYS LATER THAT PALO ALTO, CALIFORNIA, WAS YOUR "HOME" UNDER YOUR RETIREMENT ORDERS OF JUNE 24, 1947.