B-156525, JUN. 2, 1965
Highlights
TO SERGEANT FIRST CLASS MILTON RIFKIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 31. YOU WERE REASSIGNED FROM YOUR OVERSEAS STATION TO HEADQUARTERS AND HEADQUARTERS BATTERY. SINCE YOU WERE AUTHORIZED 30 DAYS' LEAVE EN ROUTE YOU DID NOT PROCEED TO YOUR NEW STATION BUT SPENT THE NIGHT AT TRENTON. DISALLOWED YOUR CLAIM FOR THE REASON THAT PER DIEM AND REIMBURSEMENT FOR TAXI FARE ARE NOT AUTHORIZED WHEN MEMBERS PERFORM TRAVEL ON A MILEAGE BASIS. YOU SAY THAT YOU SHOULD HAVE BEEN PAID PER DIEM FOR APRIL 8. A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS. PROVIDES THAT NO PER DIEM WILL BE PAYABLE IF MILEAGE IS PAYABLE FOR TRAVEL PERFORMED ON THE DAY OF ARRIVAL AT OR DEPARTURE FROM A PORT OF EMBARKATION OR DEBARKATION IN THE UNITED STATES IN CONNECTION WITH TRAVEL TO OR FROM AN OVERSEAS STATION.
B-156525, JUN. 2, 1965
TO SERGEANT FIRST CLASS MILTON RIFKIN:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1965, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED MARCH 26, 1965 WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR APRIL 8, 1964, AND REIMBURSEMENT FOR TAXI FARE THE SAME DAY FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO TRENTON, NEW JERSEY.
BY ORDERS DATED FEBRUARY 6, 1964, AS AMENDED, YOU WERE REASSIGNED FROM YOUR OVERSEAS STATION TO HEADQUARTERS AND HEADQUARTERS BATTERY, 47TH ARTILLERY BDE., FORT MACARTHUR, CALIFORNIA, FOR FURTHER ASSIGNMENT TO THE 4TH MISSILE BATTALION, 65TH ARTILLERY, VAN NUYS, CALIFORNIA. THE RECORD SHOWS THAT YOU ARRIVED AT MCGUIRE AIR FORCE BASE, NEW JERSEY, ON APRIL 8, 1964, AND SINCE YOU WERE AUTHORIZED 30 DAYS' LEAVE EN ROUTE YOU DID NOT PROCEED TO YOUR NEW STATION BUT SPENT THE NIGHT AT TRENTON, NEW JERSEY, AND TRAVELED TO PASADENA, MARYLAND, THE NEXT DAY. THE SETTLEMENT OF MARCH 26, 1965, DISALLOWED YOUR CLAIM FOR THE REASON THAT PER DIEM AND REIMBURSEMENT FOR TAXI FARE ARE NOT AUTHORIZED WHEN MEMBERS PERFORM TRAVEL ON A MILEAGE BASIS. IN YOUR LETTER OF MARCH 31, 1965, YOU SAY THAT YOU SHOULD HAVE BEEN PAID PER DIEM FOR APRIL 8, 1964, AND TAXI FARE RATHER THAN MILEAGE FOR THAT DAY.
SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS, LIMITED TO ONE OF THE FOLLOWING: (1) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE OF THE COST OF TRANSPORTATION BASED ON DISTANCES ESTABLISHED OVER THE SHORTEST USUALLY TRAVELED ROUTE; (2) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE AS PROVIDED BY CLAUSE (1), PLUS A PER DIEM IN PLACE OF SUBSISTENCE; (3) A MILEAGE ALLOWANCE BASED ON DISTANCES ESTABLISHED UNDER CLAUSE (1). PARAGRAPH 4208 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT NO PER DIEM WILL BE PAYABLE IF MILEAGE IS PAYABLE FOR TRAVEL PERFORMED ON THE DAY OF ARRIVAL AT OR DEPARTURE FROM A PORT OF EMBARKATION OR DEBARKATION IN THE UNITED STATES IN CONNECTION WITH TRAVEL TO OR FROM AN OVERSEAS STATION. PARAGRAPH 4151 OF THE REGULATIONS PROVIDES THAT MILEAGE IS AN ALLOWANCE TO COVER THE AVERAGE COST OF FIRST CLASS TRANSPORTATION INCLUDING SLEEPING ACCOMMODATIONS, COST OF SUBSISTENCE, LODGING, AND OTHER INCIDENTAL EXPENSES DIRECTLY RELATED TO THE TRAVEL. PARAGRAPH 4151 ALSO PROVIDES THAT IN NO CASE WILL MILEAGE AND PER DIEM BE ALLOWED FOR THE SAME DAY.
PARAGRAPH 4152 PROVIDES THAT FOR PERMANENT CHANGE OF STATION TRAVEL PERFORMED BY GOVERNMENT TRANSPORTATION OR WHEN TRANSPORTATION IS FURNISHED BY THE GOVERNMENT BY COMMON CARRIER, THE PER DIEM ALLOWANCE FOR THE TIME REQUIRED TO TRAVEL BETWEEN PERMANENT STATIONS, INCLUDING NECESSARY DELAYS OR TEMPORARY DUTY DIRECTED EN ROUTE, IS PAYABLE IN ACCORDANCE WITH PART E OR F OF CHAPTER 4, AS APPLICABLE, EXCEPT IF TEMPORARY DUTY IS DIRECTED IN PERMANENT CHANGE OF STATION ORDER AND TRAVEL FROM THE TEMPORARY DUTY POINT IS PERFORMED ENTIRELY AT PERSONAL EXPENSE FOR WHICH MILEAGE IS PAYABLE IN ACCORDANCE WITH PARAGRAPH 4151, PER DIEM AT THE TEMPORARY DUTY POINT WILL CEASE TO ACCRUE AS OF 2400 HOURS ON THE DAY PRECEDING DEPARTURE THEREFROM. IT IS FURTHER PROVIDED THAT THE PROVISIONS OF THIS PARAGRAPH ARE APPLICABLE TO TRAVEL TO AND FROM POINTS OF EMBARKATION OR DEBARKATION IN CONNECTION WITH THE PERMANENT CHANGE OF STATION TO OR FROM THE UNITED STATES. PARAGRAPH 4154-3 (6) (7) PROVIDES THAT FOR THE PURPOSE OF DETERMINING THE ALLOWANCES PAYABLE TRAVEL BETWEEN A POINT OF EMBARKATION AND A POINT OF DEBARKATION, AND TRAVEL BETWEEN A STATION IN THE UNITED STATES AND THE POINT OF EMBARKATION (OR DEBARKATION) IN THE UNITED STATES SERVING THAT STATION, WILL EACH BE CONSIDERED A SEPARATE JOURNEY.
SINCE YOU DEPARTED FROM MCGUIRE AIR FORCE BASE ON APRIL 8, 1964, AND TRAVELED AT PERSONAL EXPENSE FROM THERE TO YOUR NEW STATION IN CALIFORNIA, YOU WERE ENTITLED TO MILEAGE FOR SUCH DISTANCE. IN THESE CIRCUMSTANCES, PARAGRAPH 4152 OF THE REGULATIONS COVERING TRAVEL TO AND FROM POINTS OF EMBARKATION AND DEBARKATION, SPECIFICALLY REQUIRED THAT YOUR PER DIEM STATUS BE TERMINATED AT 2400 HOURS ON APRIL 7, THE DAY PRECEDING YOUR DEPARTURE FROM MCGUIRE AIR FORCE BASE, THE PORT OF DEBARKATION FROM YOUR OVERSEAS STATION. THUS, THE REGULATIONS CLEARLY PRECLUDE THE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR TAXI FARE INCIDENT TO YOUR TRAVEL ON APRIL 8, 1964. THEY MAKE NO EXCEPTION BECAUSE OF THE NONAVAILABILITY OF QUARTERS AT THE PORT OF DEBARKATION.
ACCORDINGLY, THE SETTLEMENT OF MARCH 26, 1965, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.