B-135013, JUL. 10, 1958
Highlights
ABEL: REFERENCE IS MADE TO LETTER OF MAY 25. THIS INDEBTEDNESS WAS THE SUBJECT OF OUR DECISION TO YOU DATED MARCH 7. IN THAT DECISION WE POINTED OUT THE LAW AND REGULATIONS APPLICABLE TO THE MATTER AND THE REASONS WHY YOU ARE INDEBTED TO THE UNITED STATES FOR OVERPAYMENT TO YOU OF MILEAGE. THAT YOU WERE NOT AUTHORIZED TO DEVIATE FROM SUCH ORDERS. THAT ANY DEVIATION WOULD HAVE MADE YOU SUBJECT TO DISCIPLINE. PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL UPON PUBLIC BUSINESS. PARAGRAPH 6454 OF THE SAME REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.
B-135013, JUL. 10, 1958
TO MR. DOUGLAS C. ABEL:
REFERENCE IS MADE TO LETTER OF MAY 25, 1958, FROM W. E. COOMBS, ATTORNEY AT LAW, WRITTEN IN YOUR BEHALF, REQUESTING FURTHER REVIEW OF YOUR DEBT TO THE UNITED STATES IN THE SUM OF $100.62. THE INDEBTEDNESS REPRESENTS THE OVERPAYMENT TO YOU OF MILEAGE FOR LAND TRAVEL FROM NEW YORK, NEW YORK, TO FAIRCHILD AIR FORCE BASE, WASHINGTON. ALSO, WE RECEIVED A LETTER DATED JUNE 2, 1958, FROM HONORABLE CLAIR ENGLE, MEMBER OF CONGRESS, CONCERNING THE MATTER.
THIS INDEBTEDNESS WAS THE SUBJECT OF OUR DECISION TO YOU DATED MARCH 7, 1958, B-135013. IN THAT DECISION WE POINTED OUT THE LAW AND REGULATIONS APPLICABLE TO THE MATTER AND THE REASONS WHY YOU ARE INDEBTED TO THE UNITED STATES FOR OVERPAYMENT TO YOU OF MILEAGE. THE PRESENT LETTER OF MR. COOMBS STATES THAT YOUR ORDERS REQUIRED YOU TO REPORT AT MCGUIRE AIR FORCE BASE, NEW JERSEY, INSTEAD OF TRAVIS AIR FORCE BASE, CALIFORNIA; THAT YOU WERE NOT AUTHORIZED TO DEVIATE FROM SUCH ORDERS; AND THAT ANY DEVIATION WOULD HAVE MADE YOU SUBJECT TO DISCIPLINE. ON SUCH BASIS HE URGES THAT THE GOVERNMENT'S CLAIM AGAINST YOU SHOULD BE WITHDRAWN.
SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, WHICH PRESUPPOSES TRAVEL ON PUBLIC BUSINESS. PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT ACT, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 6454 OF THE SAME REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.
AS POINTED OUT IN OUR PRIOR DECISION, YOUR ORDERS DID NOT DIRECT YOU TO TRAVEL FROM JAPAN BY WAY OF VARIOUS COUNTRIES IN ASIA AND EUROPE TO YOUR NEW DUTY STATION AT FAIRCHILD AIR FORCE BASE, WASHINGTON. THE ORDERS MERELY PERMITTED SUCH CIRCUITOUS TRAVEL AT YOUR REQUEST AND FOR YOUR OWN CONVENIENCE AND PLEASURE IN CONNECTION WITH LEAVE GRANTED IN THE ORDERS. THE ONLY TRAVEL ON OFFICIAL BUSINESS DIRECTED IN THE ORDERS WAS FROM JAPAN TO YOUR NEW DUTY STATION IN THE UNITED STATES. IF YOU HAD NOT REQUESTED PERMISSION TO TRAVEL TO SCOTLAND FOR LEAVE PURPOSES YOU WOULD HAVE BEEN FURNISHED TRANSPORTATION FROM JAPAN TO THE AERIAL PORT OF DEBARKATION AT TRAVIS AIR FORCE BASE. HENCE, UNDER THE LAW AND REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED, YOU WERE ENTITLED TO MILEAGE ONLY FOR THE DISTANCE FROM TRAVIS AIR FORCE BASE TO YOUR NEW DUTY STATION, FAIRCHILD AIR FORCE BASE. ANY TRAVEL PERFORMED BY YOU IN EXCESS OF THAT REQUIRED TO ACCOMPLISH YOUR PERMANENT CHANGE OF STATION WAS IN CONNECTION WITH LEAVE AND NOT ON PUBLIC BUSINESS.
THE AIR FORCE REGULATIONS CITED IN MR. COOMB'S LETTER CONCERN THE POLICIES AND PROCEDURES OF GRANTING PASSES AND LEAVE TO MEMBERS OF THE AIR FORCE, AND DO NOT PURPORT TO AUTHORIZE THE PAYMENT OF MILEAGE FOR TRAVEL PERFORMED IN CONNECTION WITH LEAVE.
ACCORDINGLY, OUR DECISION TO YOU DATED MARCH 7, 1958, B-135013, IS AFFIRMED. YOU SHOULD REFUND ..END :