B-166200, MAR 27, 1973, 52 COMP GEN 609

B-166200, MAR 27, 1973, 52 COMP GEN 609

TRAVEL EXPENSES - MILITARY PERSONNEL - TRANSFERS - OUTSIDE CONTINENTAL UNITED STATES - PORT OF EMBARKATION UNDER ORDERS AUTHORIZING A PERMANENT CHANGE-OF-STATION FROM FLORIDA TO PUERTO RICO, WITH DELAY EN ROUTE, ORDERS MODIFIED TO PROVIDE TEMPORARY DUTY AT QUONSET POINT (QP), RHODE ISLAND, A NAVY ENSIGN WHO TRAVELED FROM HIS LEAVE POINT TO MIAMI, AND UNDER A GOVERNMENT TRANSPORTATION REQUEST TO SAN JUAN, IS ENTITLED PURSUANT TO PARAGRAPH M4159-1 OF THE JOINT TRAVEL REGULATIONS NOT ONLY TO TRANSOCEANIC TRAVEL AT GOVERNMENT EXPENSE BUT TO AN ALLOWANCE FOR THE OFFICIAL DISTANCE BETWEEN THE OLD PERMANENT STATION AND THE APPROPRIATE AERIAL OR WATER PORT OF EMBARKATION SERVING THE OLD STATION. SINCE THE ENSIGN'S TRAVEL AT HIS OWN EXPENSE FROM QP TO MIAMI VIA HIS LEAVE ADDRESS RESULTED IN OVERSEAS TRAVEL FROM A PORT OF EMBARKATION LESS DISTANT FROM SAN JUAN, IN ADDITION TO MILEAGE FROM QP TO NEW YORK CITY, HE IS ENTITLED TO THE DIFFERENCE BETWEEN THE COST OF TRANSPORTATION FROM MIAMI TO SAN JUAN AND CATEGORY "Z" TRANSPORTATION FROM NEW YORK TO SAN JUAN.

TO G. B. RYDER, DEPARTMENT OF THE NAVY, MARCH 27, 1973:

THIS REFERS TO YOUR LETTER OF OCTOBER 4, 1972, WITH ATTACHMENTS, FILE REFERENCE CRD:EN 4650, FORWARDED TO THIS OFFICE BY ENDORSEMENT OF JANUARY 30, 1973, FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (CONTROL NO. 73-3) IN WHICH YOU REQUEST AN ADVANCE DECISION REGARDING THE CLAIM OF ENSIGN LARRY C. ISCHE, JR., FOR REIMBURSEMENT INCIDENT TO CIRCUITOUS TRAVEL PERFORMED ON PERMANENT CHANGE-OF-STATION ORDERS.

THE RECORD SHOWS THAT ENSIGN ISCHE, BY ORDERS DATED APRIL 24, 1972, WAS ORDERED ON A PERMANENT CHANGE OF STATION FROM NAVAL AIR STATION, PENSACOLA, FLORIDA, TO NAVAL AIR STATION, ROOSEVELT ROADS, PUERTO RICO. DELAY EN ROUTE WAS AUTHORIZED. THESE ORDERS WERE MODIFIED ON MAY 16, 1972, TO PROVIDE FOR TEMPORARY DUTY AT NAVAL AIR STATION, QUONSET POINT, RHODE ISLAND, FOR ABOUT SEVEN WEEKS. UPON COMPLETION OF THE TEMPORARY DUTY, ENSIGN ISCHE WAS TO CARRY OUT HIS BASIC ORDERS AND REPORT TO ROOSEVELT ROADS, PUERTO RICO, WITH 30 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE BEING AUTHORIZED.

WHILE ON LEAVE AT MINNEAPOLIS, MINNESOTA, ENSIGN ISCHE RECEIVED A GOVERNMENT TRANSPORTATION REQUEST TO OBTAIN AIR TRANSPORTATION FOR HIMSELF AND HIS WIFE FOR THE PORTION OF THEIR TRAVEL TO HIS NEW DUTY STATION FROM MIAMI, FLORIDA, TO SAN JUAN, PUERTO RICO. THE LETTER DATED AUGUST 4, 1972, FORWARDING THE TRANSPORTATION REQUEST CONTAINED A STATEMENT THAT TRANSPORTATION WAS BEING FURNISHED FROM MIAMI IN ORDER TO ALLOW CONCURRENT TRAVEL AND THAT OVERALL REIMBURSEMENT FOR ENSIGN ISCHE WAS LIMITED TO MILEAGE FROM PROVIDENCE, RHODE ISLAND, TO NEW YORK CITY, AND THE DIFFERENCE IN CATEGORY "Z" FARES FROM MIAMI TO SAN JUAN, AND FROM NEW YORK TO SAN JUAN.

IT IS INDICATED THAT THE CATEGORY "Z" FARE FROM NEW YORK TO SAN JUAN IS $55.50 WHILE THE CATEGORY "Z" FARE FROM MIAMI TO SAN JUAN IS $36.10.

SINCE ENSIGN ISCHE DEPARTED FOR SAN JUAN FROM MIAMI, AND THE FARE FOR THAT TRAVEL IS LESS THAN THE FARE FROM NEW YORK TO SAN JUAN, YOU QUESTION WHETHER HE MAY BE REIMBURSED FOR THE DIFFERENCE IN FARE COST IN ADDITION TO RECEIVING MILEAGE FROM HIS TEMPORARY DUTY LOCATION IN RHODE ISLAND TO NEW YORK CITY. HE HAS RECEIVED MILEAGE ALLOWANCES FROM PENSACOLA, FLORIDA, TO QUONSET POINT, RHODE ISLAND.

SECTION 404(A) OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS, WITHOUT REGARD TO THE COMPARATIVE COSTS OF VARIOUS MODES OF TRANSPORTATION, UPON A CHANGE OF PERMANENT STATION. PARAGRAPH M4159-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THIS STATUTORY AUTHORITY, PROVIDES THAT A MEMBER TRAVELING UNDER PERMANENT CHANGE-OF- STATION ORDERS TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES WILL BE ENTITLED TO:

1. ALLOWANCES FOR THE OFFICIAL DISTANCE BETWEEN THE OLD PERMANENT STATION AND THE APPROPRIATE AERIAL OR WATER PORT OF EMBARKATION SERVING THE OLD DUTY STATION;

2. TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, OTHERWISE GOVERNMENT PROCURED TRANSPORTATION OR REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE FOR THE TRANSOCEANIC TRAVEL INVOLVED.

IN DECISION B-166200, MARCH 20, 1969(COPY ENCLOSED), WHICH IS REFERRED TO BY THE COMPTROLLER OF THE NAVY IN FORWARDING YOUR LETTER TO THIS OFFICE THE MEMBER WAS TRANSFERRED FROM DAVISVILLE, RHODE ISLAND, TO THE U.S. NAVAL STATION, ROOSEVELT ROADS, PUERTO RICO, WITH LEAVE EN ROUTE IN OKLAHOMA. HE WAS FURNISHED A TRANSPORTATION REQUEST FOR AIR TRANSPORTATION FROM DALLAS, TEXAS, VIA MIAMI, FLORIDA, TO SAN JUAN, PUERTO RICO, INSTEAD OF UTILIZING CATEGORY "Z" TRANSPORTATION FROM NEW YORK TO SAN JUAN, THE SHORTEST AND MOST DIRECT ROUTE TO HIS NEW PERMANENT STATION. WE HELD THAT THE ADDITIONAL OUTLAY OF GOVERNMENT FUNDS WHICH ENABLED THE MEMBER TO TRAVEL TO HIS DESTINATION VIA A CIRCUITOUS ROUTE SHOULD BE CHARGED AGAINST HIS PAY ACCOUNT, AS THE GOVERNMENT'S OBLIGATION IS LIMITED TO FURNISHING TRANSPORTATION OR REIMBURSEMENT THEREFOR FROM THE OLD TO THE NEW DUTY STATION VIA THE DIRECT OR SHORTEST USUALLY TRAVELED ROUTE WHICH WAS FROM DAVISVILLE TO NEW YORK CITY TO SAN JUAN. THEREFORE, IN ADJUSTING THE MEMBER'S INDEBTEDNESS FOR THE TRANSPORTATION FURNISHED BY AN INDIRECT ROUTE, HE WAS CREDITED WITH THE COST TO THE GOVERNMENT FOR TRAVEL BY THE DIRECT ROUTE.

ENSIGN ISCHE WAS ENTITLED TO MILEAGE FROM QUONSET POINT TO NEW YORK CITY, AND CATEGORY "Z" TRANSPORTATION FROM THERE TO SAN JUAN. HE WAS FURNISHED TRANSPORTATION ONLY FROM MIAMI TO SAN JUAN. HIS TRAVEL AT HIS OWN EXPENSE FROM QUONSET POINT TO MIAMI VIA HIS LEAVE ADDRESS RESULTED IN OVERSEAS TRAVEL FROM A PORT OF EMBARKATION LESS DISTANT FROM SAN JUAN. THEREFORE, HE MAY BE ALLOWED MILEAGE FOR TRAVEL FROM QUONSET POINT TO MIAMA NOT TO EXCEED THE MILEAGE FROM QUONSET POINT TO NEW YORK CITY PLUS THE DIFFERENCE BETWEEN THE COST OF THE TRANSPORTATION FURNISHED FROM MIAMI TO SAN JUAN AND CATEGORY "Z" TRANSPORTATION FROM NEW YORK TO SAN JUAN. THIS WILL RESULT IN ENSIGN ISCHE'S RECEIPT OF EITHER GOVERNMENT PROCURED TRANSPORTATION OR MILEAGE ALLOWANCES FOR ALL NECESSARY TRAVEL PERFORMED INCIDENT TO HIS ORDERED CHANGE OF PERMANENT STATION.

ENSIGN ISCHE'S VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH FOR PAYMENT ON THE BASIS INDICATED.