B-129300, OCT. 17, 1956

B-129300, OCT. 17, 1956

TO AIRMAN SECOND CLASS CELESTINO BARBERO, USAF:

YOUR LETTER OF SEPTEMBER 7, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF JULY 17, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE ALBUQUERQUE, NEW MEXICO, TO LACKLAND AIR FORCE BASE, TEXAS, DURING THE PERIOD JANUARY 20 TO 25, 1956.

BY ORDERS DATED JANUARY 17, 1956, UNITED STATES ARMY, RECRUITING MAIN STATION, ALBUQUERQUE, NEW MEXICO, YOU WERE DIRECTED TO REPORT TO YOUR FIRST DUTY STATION, LACKLAND AIR FORCE BASE, TEXAS, NOT LATER THAN JANUARY 25, 1956. THE ORDERS STATED THAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AND NO MEAL TICKETS WERE FURNISHED. YOUR CLAIM FOR THE COST OF TRAVEL WAS DISALLOWED BY SETTLEMENT DATED JULY 17, 1956, FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS PROVIDE THAT MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO THEIR FIRST DUTY STATION, SHALL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS TO FIRST STATION, NO PROVISION BEING MADE FOR REIMBURSEMENT WHERE TRAVEL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE. THE RECORD CONTAINS AN ADMINISTRATIVE CERTIFICATE WHICH STATES THAT YOUR ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE THROUGH ADMINISTRATIVE ERROR AND THAT IF GOVERNMENT TRANSPORTATION HAD BEEN USED, IT WOULD HAVE COST THE GOVERNMENT $45.50. PARAGRAPH 5052-2 OF THE JOINT TRAVEL REGULATIONS ROVIDES:

"1. GENERAL. EXCEPT AS PROVIDED IN SUBPAR. 2, MEMBERS INDUCTED, ENLISTED, OR REENLISTED IN ANY OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST STATION AS PRESCRIBED IN CHAPTER 4.

"2. INITIAL ASSIGNMENT TO TRAINING, INDOCTRINATION, OR PROCESSING STATIONS. MEMBERS WHOSE FIRST ASSIGNMENT IS FOR BASIC TRAINING, INDOCTRINATION, OR PROCESSING WILL BE FURNISHED TRANSPORTATION AND MEAL TICKETS FOR TRAVEL FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST STATION. NO REIMBURSEMENT IS AUTHORIZED IF AVAILABLE TRANSPORTATION AND MEAL TICKETS ARE NOT UTILIZED. IF TRANSPORTATION AND/OR MEAL TICKETS ARE NOT AVAILABLE, AS INDICATED BY THE HEADQUARTERS ISSUING THE RELATED TRAVEL ORDERS, THE MEMBER WILL BE ENTITLED TO REIMBURSEMENT AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL FOR WHICH TRANSPORTATION WAS NOT AVAILABLE AND/OR A PER DIEM ALLOWANCE AS AUTHORIZED IN PAR. 4205-3.'

PARAGRAPH 4205-3 OF THE REGULATIONS PROVIDES:

"3. REIMBURSEMENT FOR MEALS AND QUARTERS. WHEN MEMBERS ARE REQUIRED TO PROCURE MEALS OR QUARTERS, OR BOTH, WHILE TRAVELING UNDER THE CONDITIONS OUTLINED IN PARS. 4101-2; 4153; 4201 ITEM 6; 4210; 5050 2; 5051-2; 5052-2; OR 6550-6552, THEY WILL BE ENTITLED TO A PER DIEM ALLOWANCE OBTAINED BY MULTIPLYING THE NUMBER OF MEALS REQUIRED TO BE PROCURED BY $1.50, NOT TO EXCEED THREE MEALS FOR EACH CALENDAR DAY, PLUS ACTUAL EXPENSES FOR QUARTERS NOT IN EXCESS OF $7.50, PROVIDED THAT A RECEIPT SUBSTANTIATING SUCH EXPENDITURE FOR QUARTERS IS FILED IN SUPPORT OF THE CLAIM.'

IT IS ASSUMED THAT TRANSPORTATION IN KIND AND MEAL TICKETS COULD HAVE BEEN FURNISHED BUT THAT YOU WERE INADVERTENTLY AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CAR. UNDER SUCH CIRCUMSTANCES IT HAS BEEN HELD THAT REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED IN TRAVELING (IN YOUR CASE FROM ALBUQUERQUE TO LACKLAND AIR FORCE BASE) IS AUTHORIZED NOT IN EXCESS OF THE ACTUAL COSTS TO THE GOVERNMENT HAD TRANSPORTATION IN KIND BEEN FURNISHED. HOWEVER, YOU HAVE SUBMITTED NO EVIDENCE OF ANY ACTUAL EXPENSES INCURRED AND ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, NO AMOUNT MAY BE ALLOWED.