B-124101, OCT. 18, 1956

B-124101, OCT. 18, 1956

TO JAMES A. MILLER, TECHNICAL SERGEANT, U.S. MARINE CORPS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 25, 1956, TO THE COMMANDANT, U.S. MARINE CORPS, TRANSMITTED HERE BY HEADQUARTERS U.S. MARINE CORPS LETTER DATED AUGUST 2, 1956, IN WHICH YOU CLAIM REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO TRAVEL PERFORMED FROM DES MOINES, IOWA, PLACE OF ENLISTMENT, TO CAMP JOSEPH H. PENDLETON, CALIFORNIA, YOUR FIRST DUTY STATION, UPON YOUR ENLISTMENT IN THE MARINE CORPS ON MARCH 19, 1952. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF JANUARY 7, 1953, WHICH DISALLOWED YOUR CLAIM FOR A MILEAGE ALLOWANCE FOR THAT TRAVEL.

PARAGRAPH 5052 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD FROM APRIL 1, 1951, TO JANUARY 1, 1953, AUTHORIZED THE FURNISHING OF TRANSPORTATION IN KIND AND MEAL TICKETS ONLY FOR THE TRAVEL OF ENLISTEES FROM PLACE OF ENLISTMENT TO THEIR FIRST DUTY STATION. CONSEQUENTLY, YOUR CLAIM FOR MILEAGE FOR THAT TRAVEL, PERFORMED BY PRIVATE CONVEYANCE, WAS DISALLOWED IN THE SETTLEMENT OF JANUARY 7, 1953, EVEN THOUGH YOUR ORDERS OF MARCH 19, 1952, DIRECTING THE TRAVEL CONTAINED A PROVISION STATING THAT YOU WERE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE AND SUBMIT CLAIM FOR REIMBURSEMENT AS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS.

IN DECISION OF MARCH 22, 1956, B-124101 (35 COMP. GEN. 522), WHICH YOU CITE IN SUPPORT OF YOUR CLAIM, IT WAS HELD THAT NOTWITHSTANDING THE LIMITATION CONTAINED IN PARAGRAPH 5052 OF THE JOINT TRAVEL REGULATIONS A MEMBER WHO PERFORMS TRAVEL TO THE FIRST DUTY STATION BY OTHER THAN TRANSPORTATION IN KIND PLUS MEAL TICKETS, NOT AT HIS OWN ELECTION BUT BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUIRED TRANSPORTATION AND SUBSISTENCE IN KIND, MAY BE REIMBURSED FOR ACTUAL PERSONAL EXPENDITURES FOR THE TRAVEL NOT TO EXCEED THE AMOUNT THE TRANSPORTATION AND SUBSISTENCE IN KIND WOULD HAVE COST THE GOVERNMENT, TO THE EXTENT THAT SUCH EXPENDITURES ARE SUPPORTED BY RECEIPTS OR OTHER ACCEPTABLE EVIDENCE. THE SITUATION CONTEMPLATED IN THAT DECISION IS ONE BASED ENTIRELY ON ERROR RESULTING FROM A MISUNDERSTANDING OR LACK OF FAMILIARITY WITH THE REGULATIONS ON THE PART OF RECRUITING OFFICERS OR OTHER OFFICERS RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATIONS. CONSEQUENTLY, A CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES UNDER SUCH DECISION, IN ADDITION TO EVIDENCE TO SHOW THE NATURE AND EXTENT OF THE EXPENDITURES MADE, SHOULD BE SUPPORTED BY ACCEPTABLE EVIDENCE TO ESTABLISH THAT THE CAUSE FOR FAILURE OF THE MEMBER TO RECEIVE THE PRESCRIBED TRANSPORTATION AND SUBSISTENCE IN KIND WAS DUE TO SUCH AN ERROR ON THE PART OF THE RESPONSIBLE OFFICERS.

NOTHING IN THE AVAILABLE RECORD IN YOUR CASE INDICATES THE REASON FOR THE FAILURE OF THE RECRUITING OFFICERS TO PROVIDE YOU WITH TRANSPORTATION AND SUBSISTENCE IN KIND TO ACCOMPLISH THE TRAVEL REQUIRED IN PROCEEDING TO YOUR FIRST DUTY STATION. THE AUTHORITY PROVIDED IN THE ORDERS OF MARCH 19, 1952, TO TRAVEL BY PRIVATELY OWNED CONVEYANCE, IN THE ABSENCE OF OTHER EVIDENCE, SUGGESTS THE POSSIBILITY THAT SUCH PROVISION WAS MADE AS A MATTER OF CONVENIENCE TO YOU RATHER THAN AS A RESULT OF UNFAMILIARITY WITH OR MISUNDERSTANDING OF APPLICABLE REGULATIONS. ALSO, YOU ARE ADVISED THAT THE SUBMITTED STATEMENT OF YOUR EXPENDITURES--- UNSUPPORTED BY RECEIPTS OR OTHER EVIDENCE NORMALLY REQUIRED TO ESTABLISH A CLAIM FOR REIMBURSEMENT AND NOT IN SUFFICIENT DETAIL TO AFFORD A BASIS FOR DETERMINING THE JUSTIFICATION FOR SUCH EXPENDITURES--- IS NOT CONSIDERED AS PROVIDING A PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM, WERE YOUR RIGHTS IN THE MATTER OTHERWISE ESTABLISHED. THEREFORE, ON THE PRESENT RECORD, IT IS CONCLUDED THAT NO PROPER BASIS EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 7, 1953, IS SUSTAINED.