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B-178326, JUL 12, 1973

B-178326 Jul 12, 1973
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LYNCH: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. IN WHICH YOU IN EFFECT REQUEST REVIEW OF OUR TRANSPORTATION AND CLAIMS DIVISION DETERMINATION THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR $87.90 FOR EXCESS TRAVEL PROVIDED TO YOUR DEPENDENTS INCIDENT TO THEIR RETURN TO THE UNITED STATES UPON YOUR RETIREMENT. YOUR DUTY STATION WAS FORT CLAYTON. PROVIDED THAT AT YOUR REQUEST YOU WERE AUTHORIZED TO TRAVEL TO THE LOCATION OF YOUR CHOICE. CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. YOUR CLAIM FOR TRAVEL ALLOWANCES RESULTED IN A FINDING THAT YOU WERE INDEBTED TO THE UNITED STATES FOR A TOTAL OF $87.90. ON THE BASIS THAT WHILE YOU WERE ENTITLED TO TRANSPORTATION IN KIND OR ALLOWANCES FOR TRAVEL FOR YOURSELF AND DEPENDENTS FROM YOUR LAST DUTY STATION TO YOUR HOME OF SELECTION VIA THE REQUIRED PLACE OF RETIREMENT.

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B-178326, JUL 12, 1973

INDEBTEDNESS SUSTAINED, UPON REVIEW, OF $87.90, FOR EXCESS TRAVEL PROVIDED TO DEPENDENTS OF CLAIMANT INCIDENT TO THEIR RETURN TO THE UNITED STATES UPON CLAIMANT'S RETIREMENT.

TO FREDERICK J. LYNCH:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1973, IN WHICH YOU IN EFFECT REQUEST REVIEW OF OUR TRANSPORTATION AND CLAIMS DIVISION DETERMINATION THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR $87.90 FOR EXCESS TRAVEL PROVIDED TO YOUR DEPENDENTS INCIDENT TO THEIR RETURN TO THE UNITED STATES UPON YOUR RETIREMENT.

AT THE TIME OF YOUR RETIREMENT, YOUR DUTY STATION WAS FORT CLAYTON, CANAL ZONE. SPECIAL ORDERS DATED DECEMBER 22, 1971, PROVIDED THAT AT YOUR REQUEST YOU WERE AUTHORIZED TO TRAVEL TO THE LOCATION OF YOUR CHOICE, FORT HUACHUCA, ARIZONA, FOR THE PURPOSE OF RETIREMENT, INSTEAD OF TO THE REQUIRED PLACE OF RETIREMENT, FORT JACKSON, SOUTH CAROLINA. CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. ON FEBRUARY 17, 1972, YOU AND YOUR SEVEN DEPENDENTS TRAVELED BY GOVERNMENT PROCURED COMMERCIAL AIR FROM PANAMA TO LOS ANGELES, CALIFORNIA, THEN PROCEEDING BY COMMERCIAL BUS AND PRIVATE AUTOMOBILE TO FORT HUACHUCA ON FEBRUARY 19, AND DEPARTING FROM THERE ON FEBRUARY 29, 1972, FOR YOUR HOME OF SELECTION UPON RETIREMENT, SIERRA VISTA, ARIZONA.

YOUR CLAIM FOR TRAVEL ALLOWANCES RESULTED IN A FINDING THAT YOU WERE INDEBTED TO THE UNITED STATES FOR A TOTAL OF $87.90, ON THE BASIS THAT WHILE YOU WERE ENTITLED TO TRANSPORTATION IN KIND OR ALLOWANCES FOR TRAVEL FOR YOURSELF AND DEPENDENTS FROM YOUR LAST DUTY STATION TO YOUR HOME OF SELECTION VIA THE REQUIRED PLACE OF RETIREMENT, FORT JACKSON, SOUTH CAROLINA, PLUS ONE DAY'S PER DIEM, AT THAT STATION FOR RETIREMENT PROCESSING, THE COST TO THE GOVERNMENT OF COMMERCIAL AIR TRANSPORTATION FURNISHED FOR TRAVEL FROM PANAMA TO LOS ANGELES, CALIFORNIA, FOR YOUR CONVENIENCE, EXCEEDED YOUR ENTITLEMENTS. ADDITIONALLY, YOUR CLAIM FOR REIMBURSEMENT FOR PANAMA EXIT FEES TOTALING $16, WAS DENIED.

IN YOUR LETTER YOU DO NOT DISPUTE THE AMOUNT OF THE OVERPAYMENT. HOWEVER, YOU INDICATE YOUR BELIEF THAT SINCE THE TRAVEL WAS PLANNED FOR YOU BY GOVERNMENT PERSONNEL, YOU SHOULD NOT BE CHARGED FOR TRAVEL IN CONNECTION WITH YOUR RETIREMENT.

UNDER ARMY REGULATION 635-10, PARAGRAPH 2-17A(2), YOU, AS A RESIDENT OF THE CONTINENTAL UNITED STATES (CONUS) STATIONED OUTSIDE CONUS, WERE REQUIRED TO BE PROCESSED FOR RETIREMENT ONLY AT THE TRANSFER ACTIVITY LOCATED ADJACENT TO YOUR CONUS DEBARKATION AREA. IN YOUR CASE, THE AUTHORIZED SEPARATION POINT WAS FORT JACKSON, SOUTH CAROLINA, AND THE NORMAL ROUTE WAS VIA MILITARY AIRLIFT COMMAND (MAC) TO CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, AND FROM THERE TO FORT JACKSON AND YOUR HOME OF SELECTION. ARMY REGULATION 635-10, PARAGRAPH 2-18(B) ALLOWS A MEMBER TO BE PROCESSED AT A LOCATION OF HIS CHOICE IF HE SO ELECTS. HOWEVER, THE REGULATION FURTHER PROVIDES THAT IF SUCH ELECTION IS MADE, IN ACCORD WITH THE JOINT TRAVEL REGULATIONS, PARAGRAPH M4159 (FOR THE MEMBER) AND PARAGRAPH M7002 (FOR DEPENDENTS) THE MEMBER IS ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL PERFORMED FROM THE OVERSEAS DUTY STATION TO THE TRANSFER ACTIVITY OF CHOICE, AND THEN TO THE HOME OF SELECTION. BUT THE REGULATION PROVIDES THAT SUCH ALLOWANCES SHALL NOT EXCEED TRAVEL ALLOWANCES FROM THE CONUS PORT OF DEBARKATION VIA THE TRANSFER ACTIVITY AT WHICH ACTIVITY MEMBER WOULD HAVE BEEN RETIRED IF ELECTION HAD NOT BEEN MADE, TO HOME OF SELECTION. SEE 47 COMP. GEN. 166 (1967), COPY ENCLOSED.

FROM THE FACTS OF RECORD, IT APPEARS THAT YOU MADE AN ELECTION TO BE PROCESSED AT A LOCATION OF CHOICE, FORT HUACHUCA, ARIZONA. CONSEQUENTLY, SPECIAL ORDERS NO. 292, AT YOUR REQUEST PERMITTED TRAVEL TO THAT LOCATION INSTEAD OF TO FORT JACKSON. THE REASONS FOR YOUR CHOICE APPEAR TO BE THE PROXIMITY OF FORT HUACHUCA TO YOUR HOME OF SELECTION AND THAT BY TAKING THIS ALTERNATE ROUTE, YOU WOULD BE ABLE TO OBTAIN POSSESSION OF YOUR AUTOMOBILE WHILE IN CALIFORNIA.

HAVING MADE SUCH AN ELECTION, THE AMOUNT OF TRAVEL ALLOWANCES YOU WERE ENTITLED TO RECEIVE IS SPECIFIED IN ARMY REGULATION 37-106, PARAGRAPH 3- 30, AS FOLLOWS:

ALLOWANCES ON TRAVEL TO HOME OF SELECTION - RETIREMENT AT LOCATION SELECTED BY THE MEMBER

A. GENERAL. THESE PROCEDURES ARE APPLICABLE TO MEMBERS WHO ELECT TO BE RETIRED AT A LOCATION OF THEIR CHOICE IN LIEU OF THE LAST DUTY STATION IN THE CONTINENTAL UNITED STATES OR THE TRANSFER ACTIVITY SERVICING THE PORT OF ENTRY WHEN THE LAST DUTY STATION WAS OUTSIDE THE CONTINENTAL UNITED STATES.

B. LAST DUTY STATION OUTSIDE THE CONTINENTAL UNITED STATES. MEMBERS WHO ELECT RETIREMENT PROCESSING STATIONS OF THEIR CHOICE AND FOR THEIR OWN CONVENIENCE WILL BE PAID TRAVEL ALLOWANCES AFTER COMPLETION OF TRAVEL TO THE HOME OF SELECTION AS FOLLOWS:

(1) TRAVEL ALLOWANCES PRESCRIBED IN PARAGRAPH M4151 OR M4159, VOLUME 1, JTR, AS APPLICABLE, FOR THE TRAVEL PERFORMED NOT TO EXCEED THE TRAVEL ALLOWANCES TO WHICH MEMBERS WOULD HAVE BEEN ENTITLED HAD ORDERS DIRECTED MEMBERS TO BE PROCESSED FOR RETIREMENT AT THE TRANSFER ACTIVITY SERVICING THE PORT OF DEBARKATION IN THE UNITED STATES. AND

(2) PER DIEM ALLOWANCES FOR THE PERIOD OF RETIREMENT PROCESSING AT THE LOCATION OF CHOICE WILL BE PAID FOR A PERIOD OF TIME CONSIDERED REPRESENTATIVE OF THE TIME WHICH WOULD HAVE BEEN REQUIRED FOR PROCESSING AT THE TRANSFER ACTIVITY SERVICING THE PORT OF ENTRY IN THE UNITED STATES.

UNDER THIS REGULATION, THE MAXIMUM TRAVEL ALLOWANCE YOU COULD RECEIVE IS $657.22. HOWEVER, YOU WERE ACTUALLY PROVIDED WITH TRAVEL WHICH COST THE GOVERNMENT $756.92. THE DIFFERENCE, IN THE AMOUNT OF $99.70 (LESS THE PER DIEM DUE YOURSELF - $11.80) IS THE BASIS FOR THE GOVERNMENT'S CLAIM FOR $87.90.

WHILE YOU REMAINED AT FORT HUACHUCA FOR THE PERIOD FEBRUARY 19-29, 1972, PER DIEM ALLOWANCE WHILE AT THE PLACE OF RETIREMENT PROCESSING IS LIMITED TO ONE DAY, THE PERIOD OF TIME ADMINISTRATIVELY DETERMINED TO BE NECESSARY FOR SUCH PROCESSING AT FORT JACKSON.

ADDITIONALLY, WHILE YOU PAID PANAMA EXIT FEES OF $16 FOR YOU AND YOUR DEPENDENTS PRIOR TO DEPARTURE FROM TACOUMEN AIRPORT, PANAMA, THIS AMOUNT MAY NOT BE REIMBURSED TO YOU, AS IT APPEARS THAT PAYMENT OF THE FEE WOULD HAVE NOT BEEN NECESSARY IF YOU HAD TRAVELED FROM HOWARD AIR FORCE BASE, CANAL ZONE, VIA MAC, TO CHARLESTON AIR FORCE BASE, THE AIR TERMINAL FOR FORT JACKSON.

IT IS UNFORTUNATE THAT YOU MAY NOT HAVE BEEN INFORMED OF THE COST OF YOUR SELECTED ROUTE OF TRAVEL BEFORE YOU EMBARKED UPON YOUR JOURNEY, OR TOLD THAT YOU WOULD BE LIABLE FOR ANY EXCESS COSTS. HOWEVER, SUCH CIRCUMSTANCES PROVIDE NO LEGAL AUTHORITY TO SET ASIDE THESE REGULATIONS AND TERMINATE THE GOVERNMENT'S CLAIM AGAINST YOU.

CONSEQUENTLY, THE DETERMINATION THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR $87.90 FOR TRANSPORTATION FURNISHED AT GOVERNMENT EXPENSE, IN CONNECTION WITH YOUR RETIREMENT FROM THE U.S. ARMY, IS SUSTAINED.

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