B-140560, JANUARY 7, 1970, 49 COMP. GEN. 416

B-140560, JANUARY 7, 1970, 49 COMP. GEN. 416

TRAVEL EXPENSES -- MILITARY PERSONNEL -- FERRY FARES -- CHARGES ASSESSED FOR MOTOR VEHICLE TRANSPORTATION WHERE THE CHARGES FOR CROSSING THE ENGLISH CHANNEL VIA HOVERCRAFT ARE IMPOSED FOR THE TRANSPORTATION OF THE MOTOR VEHICLE AND NOT FOR THE TRANSPORTATION OF THE DRIVER AND PASSENGERS, AN OFFICER OF THE UNIFORMED SERVICES WHO DROVE HIS PRIVATELY OWNED VEHICLE INCIDENT TO A PERMANENT CHANGE OF STATION, ACCOMPANIED BY HIS DEPENDENTS, AND INCURRED A FERRY EXPENSE TO CROSS THE CHANNEL MAY NOT BE REIMBURSED ON THE BASIS OF APPLYING A PERCENTAGE OF THE VEHICLE FARE ASSESSED FOR ITS TRANSPORTATION ACROSS THE ENGLISH CHANNEL TO THE TRANSPORTATION OF THE DRIVER AND PASSENGERS IN THE VEHICLE, THE OFFICER HAVING PAID NO FARE FOR HIS OR HIS DEPENDENTS TRANSPORTATION VIA THE HOVERCRAFT.

TO R. J. ENGELS, DEPARTMENT OF THE ARMY, JANUARY 7, 1970:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 11, 1969, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER FOR $42.20 IN FAVOR OF COLONEL WILLIAM H. CRANE, U.S. ARMY, REPRESENTING CHARGES THAT WERE INCURRED WHILE CROSSING THE ENGLISH CHANNEL VIA HOVERCRAFT WHILE EN ROUTE FROM GERMANY TO A NEW DUTY STATION IN ENGLAND. THE REQUEST WAS ASSIGNED CONTROL NO. 69-40 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PERMANENT CHANGE-OF-STATION ORDERS DATED APRIL 3, 1969, HEADQUARTERS, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY APO 09403, COLONEL CRANE WAS TRANSFERRED FROM HIS DUTY STATION IN GERMANY AND ASSIGNED TO DUTY AT BURTONWOOD, ENGLAND. THE ORDERS AUTHORIZED MOVEMENT OF FOUR DEPENDENTS.

HIS ITINERARY AS SHOWN ON HIS CLAIM VOUCHER INDICATES THAT AT 8 A.M. ON JULY 1, 1969, HE DEPARTED FROM HEIDELBERG, GERMANY, BY PRIVATELY OWNED CONVEYANCE AND ARRIVED AT BURTONWOOD, ENGLAND, AT 3 P.M. ON JULY 3, 1969. TRAVEL ACROSS THE ENGLISH CHANNEL WAS PERFORMED BY CHANNEL FERRY (HOVERLLOYD) FOR WHICH THE MEMBER PAID THE SUM OF $42.20.

IN YOUR LETTER OF AUGUST 11, 1969, IT IS STATED THAT PASSENGERS WITH A PRIVATE VEHICLE CROSSING THE ENGLISH CHANNEL VIA HOVERCRAFT ARE NOT ASSESSED A TARIFF. A CHARGE IS ASSESSED FOR THE VEHICLE DEPENDENT UPON ITS LENGTH. THE ENTIRE CHARGE IS FOR TRANSPORTATION OF THE VEHICLE, THE BROCHURE ENCLOSED WITH YOUR LETTER DESCRIBING THE HOVERLLOYD HOVERCRAFT AND THE SCHEDULES SHOWING THAT NO FARE IS CHARGED FOR A DRIVER AND A MAXIMUM OF SIX PASSENGERS. YOU ASK IN EFFECT WHETHER A PERCENTAGE OF THE VEHICLE FARE ASSESSED FOR ITS TRANSPORTATION ACROSS THE ENGLISH CHANNEL VIA HOVERCRAFT COULD BE APPLIED TO THE TRANSPORTATION OF THE PASSENGERS AND REIMBURSED TO THE CLAIMANT ON THAT BASIS.

IN OUR DECISION, 40 COMP. GEN. 497 (1961), WE HELD THAT FARES FOR CROSSING THE ENGLISH CHANNEL ARE REIMBURSABLE TO MILITARY PERSONNEL FOR PERSONAL AND DEPENDENT TRAVEL IN OTHERWISE PROPER CASES ON THE BASIS THAT SUCH TRAVEL CONSTITUTES TRANSOCEANIC TRAVEL AS DEFINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH M2150 OF THE JOINT TRAVEL REGULATIONS REQUIRES THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES, IF AVAILABLE, FOR TRAVEL AND TRANSPORTATION OUTSIDE THE UNITED STATES. PROVIDES FURTHER THAT IF FOREIGN VESSELS OR AIRCRAFT ARE USED, THE PAYMENTS SHOULD BE SUPPORTED BY EVIDENCE OF THE REQUIRED DETERMINATIONS AS THERE PROVIDED.

WE HAVE HELD THAT WITH RESPECT TO CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES FOR REIMBURSEMENT FOR PERSONAL AND DEPENDENT TRAVEL ACROSS THE ENGLISH CHANNEL, THE CLAIM SHOULD SHOW THE EXACT POINTS BETWEEN WHICH THE CROSSING WAS MADE, THE FARES PAID (SUPPORTED BY RECEIPTS) AND AN ADMINISTRATIVE DETERMINATION AS TO THE AVAILABILITY OF GOVERNMENT TRANSPORTATION. B-144783, MARCH 8, 1961. THE MEMBERS MAY BE REIMBURSED ONLY TO THE EXTENT OF THE PASSENGER FARES ACTUALLY PAID.

IN THE PRESENT CASE THE TARIFF SHOWS A FARE IS CHARGED ONLY FOR FOOT AND COACH PASSENGERS, AND THAT WHEN A VEHICLE IS TRANSPORTED THE DRIVER AND UP TO SIX PASSENGERS ARE NOT CHARGED ANY FARES. SINCE THE CLAIMANT AND HIS DEPENDENTS PERFORMED THE TRAVEL IN HIS AUTOMOBILE, AS CAR DRIVER AND PASSENGERS, HE PAID NO FARE FOR HIS OR HIS DEPENDENTS' TRAVEL.

IN SUCH CIRCUMSTANCES, WE SEE NO BASIS FOR REIMBURSING COLONEL CRANE A PERCENTAGE OF THE VEHICLE TRANSPORTATION FARE ON THE BASIS THAT SUCH PERCENTAGE REPRESENTS A CHARGE FOR HIS PASSAGE AND THE PASSAGE OF HIS DEPENDENTS.

ACCORDINGLY, PAYMENT OF HIS CLAIM VOUCHER, FORWARDED WITH YOUR LETTER OF AUGUST 11, 1969, IS NOT AUTHORIZED AND THE VOUCHER WILL BE RETAINED BY OUR OFFICE.