B-123029, APR 11, 1975, 54 COMP GEN 850

B-123029, APR 11, 1975, 54 COMP GEN 850

TRAVEL EXPENSES - MILITARY PERSONNEL - CIRCUITOUS ROUTES - PAYMENT BASIS NAVY MEMBER ON PERMANENT CHANGE OF STATION FROM ANTARCTICA TO BAINBRIDGE, MARYLAND, INSTEAD OF NORMAL ROUTE (CHRIST CHURCH TO AUCKLAND, NEW ZEALAND, BY FOREIGN CARRIER, AND BY CATEGORY "Z" AMERICAN AIR TO TRAVIS AIR FORCE BASE, CALIFORNIA), TRAVELED CIRCUITOUSLY FOR PERSONAL REASONS USING FOREIGN AIR FOR OVERSEAS TRAVEL EXCEPT FROM LIMA, PERU, TO MIAMI, FLORIDA. SINCE AMERICAN AIR WAS AVAILABLE VIA THE DIRECT ROUTE FROM AUCKLAND TO TRAVIS, REIMBURSEMENT NOT TO EXCEED GOVERNMENT COST FROM CHRIST CHURCH TO TRAVIS MAY BE PAID FOR COST OF TRAVEL FROM CHRIST CHURCH TO AUCKLAND AND FROM LIMA TO MIAMI BUT NOT FOR COSTS OF OTHER FOREIGN AIR TRAVEL. MILEAGE - MILITARY PERSONNEL - PORTS OF EMBARKATION AND DEBARKATION - PAYMENT BASIS NAVY MEMBER ON PERMANENT CHANGE OF STATION FROM ANTARCTICA TO BAINBRIDGE, MARYLAND, INSTEAD OF NORMAL ROUTE TO TRAVIS AIR FORCE BASE, CALIFORNIA, AND BY POV FROM THERE TO BAINBRIDGE, TRAVELED CIRCUITOUSLY FOR PERSONAL REASONS TO MIAMI, FLORIDA, AND FROM THERE TO BAINBRIDGE. WHILE THE JOINT TRAVEL REGULATIONS PROVIDE THAT MEMBER IS ENTITLED TO ALLOWANCE FOR OFFICIAL DISTANCE BETWEEN PORT OF DEBARKATION SERVING NEW STATION AND THE NEW STATION, IN VIEW OF CIRCUITOUS TRAVEL, THE MEMBER MAY BE PAID ONLY FOR THE DISTANCE BY DIRECT TRAVEL FROM THE PORT OF DEBARKATION ACTUALLY USED TO THE NEW STATION, NOT TO EXCEED DISTANCE BY THE NORMAL ROUTE.

IN THE MATTER OF REIMBURSEMENT FOR CIRCUITOUS TRAVEL, APRIL 11, 1975:

THIS DECISION IS IN RESPONSE TO A REQUEST FOR ADVANCE DECISION FROM THE DISBURSING OFFICER, U.S. NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, DATED MAY 17, 1974, REGARDING THE TRAVEL ENTITLEMENTS OF LIEUTENANT GEORGE H. KAIN, III, USN, INCIDENT TO PERMANENT CHANGE OF STATION TRAVEL DURING THE PERIOD FROM OCTOBER 1973 - JANUARY 1974. THIS REQUEST WHICH WAS FORWARDED TO THIS OFFICE BY ENDORSEMENT OF AUGUST 19, 1974, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE HAS BEEN ASSIGNED PDTATAC CONTROL NO. 74-33.

BY ORDERS DATED AUGUST 13, 1973, LIEUTENANT KAIN WAS DETACHED FROM NAVAL SUPPORT FORCE ANTARCTICA AND DIRECTED TO PROCEED TO NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, FOR DUTY. TRAVEL VIA GOVERNMENT AIRCRAFT WAS DIRECTED OUTSIDE THE CONTINENTAL UNITED STATES WHERE AVAILABLE. WHERE GOVERNMENT AIRCRAFT WAS UNAVAILABLE, TRAVEL VIA COMMERCIAL AIRCRAFT WAS DIRECTED. BY ENDORSEMENT DATED OCTOBER 25, 1973, THE MEMBER WAS AUTHORIZED CIRCUITOUS TRAVEL. IT WAS STATED THAT NORMAL TRAVEL WOULD HAVE BEEN BY "DEEP FREEZE" AIRCRAFT TO CHRIST CHURCH, NEW ZEALAND, AND CATEGORY "Z" TO AUCKLAND, NEW ZEALAND, AND SAN FRANCISCO, CALIFORNIA, AND BY PRIVATELY OWNED VEHICLE FROM THERE TO BAINBRIDGE, MARYLAND. ALSO, IT WAS STATED IN THE ENDORSEMENT THAT MEMBER WOULD BE ENTITLED TO REIMBURSEMENT ONLY FOR WHAT NORMAL TRAVEL WOULD HAVE BEEN.

ON OCTOBER 25, 1973, THE MEMBER COMMENCED TRAVEL. HE UTILIZED GOVERNMENT TRANSPORTATION TO CHRIST CHURCH, NEW ZEALAND, AND THEN TRAVELED VIA NEW ZEALAND AIRWAYS AND AUTOMOBILE TO AUCKLAND. FROM THERE HE UTILIZED FOREIGN AIR FOR TRAVEL TO AUSTRALIA, INDONESIA, SINGAPORE, MALAYSIA, THAILAND, NEPAL, INDIA, KENYA, SOUTH AFRICA, BRAZIL AND PERU. HE TRAVELED FROM LIMA, PERU, TO MIAMI, FLORIDA, VIA AMERICAN FLAG AIRLINE, AND THEN TRAVELED VIA KENTUCKY AND PENNSYLVANIA, ARRIVING AT BAINBRIDGE, MARYLAND, ON JANUARY 4, 1974.

PRIOR TO DEPARTURE FROM ANTARCTICA LIEUTENANT KAIN WAS GIVEN A TRAVEL ADVANCE OF $169.26, REPRESENTING THE MILEAGE ALLOWANCE FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO BAINBRIDGE, MARYLAND (2,821 MILES $.06 PER MILE). IN ADDITION, LIEUTENANT KAIN CLAIMS $304.40 FOR THE NORMAL TRAVEL BY FOREIGN AIR FROM CHRIST CHURCH TO AUCKLAND, NEW ZEALAND, AND CATEGORY "Z" TRAVEL FROM AUCKLAND TO SAN FRANCISCO.

THE DISBURSING OFFICER IS IN DOUBT AS TO WHETHER THE MEMBER IS ENTITLED TO A MILEAGE ALLOWANCE FROM TRAVIS AIR FORCE BASE TO BAINBRIDGE SINCE HIS ACTUAL PORT OF DEBARKATION WAS MIAMI, FLORIDA, AND THE CLOSEST PORT OF DEBARKATION SERVING BAINBRIDGE IS MCGUIRE AIR FORCE BASE, NEW JERSEY.

ADDITIONALLY, IN ENDORSING THE REQUEST FOR ADVANCE DECISION, THE EXECUTIVE, PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE REFERS TO 35 COMP. GEN. 31 (1955), INVOLVING TRAVEL FOR PERSONAL CONVENIENCE OVER A CIRCUITOUS ROUTE BY FOREIGN CARRIERS, AND CONCLUDES THAT PROPER REIMBURSEMENT FOR THE MEMBER APPEARS TO BE THE ACTUAL COST OF TRANSPORTATION FROM CHRIST CHURCH TO AUCKLAND, NEW ZEALAND, AND THE ACTUAL COST OF TRANSPORTATION FROM LIMA, PERU, TO MIAMI, FLORIDA, NOT TO EXCEED THE CATEGORY "Z" COST FROM AUCKLAND TO SAN FRANCISCO, AND MILEAGE ALLOWANCE FROM MIAMI TO BAINBRIDGE.

THE MEMBER HAS EXPRESSED THE OPINION THAT HE IS ENTITLED TO THE FULL AMOUNT IT WOULD HAVE COST THE GOVERNMENT HAD HE TRAVELED THE USUAL WAY FROM ANTARCTICA TO BAINBRIDGE BECAUSE (1) HIS ORDERS INDICATED HE WOULD BE ENTITLED TO REIMBURSEMENT FOR WHAT HIS NORMAL TRAVEL WOULD HAVE BEEN, (2) HIS ORDERS DID NOT PROHIBIT TRAVEL ON FOREIGN CARRIERS, AND (3) VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR), PARA. M4159-1, INDICATES THAT HE IS ENTITLED TO MILEAGE FOR THE OFFICIAL DISTANCE BETWEEN THE APPROPRIATE PORT OF DEBARKATION IN CALIFORNIA AND THE NEW PERMANENT STATION, BAINBRIDGE.

SECTION 404 OF TITLE 37, U.S.C. (1970), PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UPON A CHANGE OF PERMANENT STATION.

REGULATIONS ISSUED PURSUANT TO THE ABOVE STATUTORY AUTHORITY ARE CONTAINED IN 1 JTR. PARAGRAPH M4159-5C THEREOF PROVIDES THAT REIMBURSEMENT MAY NOT BE AUTHORIZED FOR TRAVEL AT PERSONAL EXPENSE ON VESSELS OR AIRCRAFT OF FOREIGN REGISTRY EXCEPT WHEN THE USE OF CARRIERS OF UNITED STATES REGISTRY IS IMPRACTICAL, OR CARRIERS OF UNITED STATES REGISTRY ARE NOT AVAILABLE. FURTHER, 1 JTR PARA. M2150 PROVIDES THAT A DETERMINATION OF IMPRACTICALITY MADE BY A TRANSPORTATION OR OTHER APPROPRIATE OFFICER MAY NOT BE BASED ON MERE INCONVENIENCE IN SECURING TRANSPORTATION OR SHORT DELAYS IN AWAITING TRANSPORTATION ON VESSELS OR AIRCRAFT OF UNITED STATES REGISTRY, THE DESIRE TO ARRANGE CIRCUITOUS ROUTES FOR THE CONVENIENCE OF THE TRAVELER, OR FOR ANY OTHER SIMILAR REASONS.

WHERE MEMBERS TRAVEL BY FOREIGN VESSELS OR AIRCRAFT PURSUANT TO ORDERS PERMITTING CIRCUITOUS TRAVEL FOR PERSONAL REASONS, REIMBURSEMENT HAS BEEN DENIED FOR SUCH TRAVEL WHERE AMERICAN VESSELS OR AIRCRAFT ARE AVAILABLE ON THE DIRECT ROUTE. 35 COMP. GEN. 31, SUPRA; B-178847, AUGUST 28, 1973. SUCH CIRCUMSTANCES, REIMBURSEMENT FOR PART OF CIRCUITOUS TRAVEL BY AMERICAN CARRIER HAS NOT BEEN QUESTIONED. SEE DECISION B-153931, JUNE 23, 1964.

IN ACCORD WITH THE FOREGOING, NO REIMBURSEMENT MAY BE AUTHORIZED FOR LIEUTENANT KAIN'S CIRCUITOUS TRAVEL FOR PERSONAL REASONS BY FOREIGN REGISTERED AIRCRAFT FROM AUCKLAND, NEW ZEALAND, TO LIMA, PERU. SINCE FOREIGN FLAG TRAVEL WAS AUTHORIZED FROM CHRIST CHURCH TO AUCKLAND, NEW ZEALAND, THE RECORD INDICATING THAT NO CATEGORY "Z" (AMERICAN COMMERCIAL AIR) TRAVEL WAS AVAILABLE, AND THE MEMBER TRAVELED BY AMERICAN COMMERCIAL AIR FROM LIMA TO MIAMI, FLORIDA, REIMBURSEMENT FOR SUCH TRAVEL MAY BE AUTHORIZED NOT TO EXCEED THE $304.40 COST TO THE GOVERNMENT FOR THE TRAVEL FROM CHRIST CHURCH TO SAN FRANCISCO (TRAVIS AIR FORCE BASE) (1 JTR PARA. M4159-4A, CHANGE 235, SEPTEMBER 1, 1972, CURRENTLY SUBPARA. 5A).

WHERE A MEMBER TRAVELS UNDER PERMANENT CHANGE OF STATION ORDERS TO THE UNITED STATES, WHICH DO NOT SPECIFY GROUP TRAVEL OR DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, 1 JTR PARA. M4159-1, ITEM 3, PROVIDES HE WILL BE ENTITLED TO ALLOWANCE FOR THE OFFICIAL DISTANCE BETWEEN THE APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION SERVING THE NEW STATION AND THE NEW PERMANENT STATION. HOWEVER, WHERE THERE HAS BEEN CIRCUITOUS TRAVEL FROM THE MEMBER'S OVERSEAS STATION FOR THE MEMBER'S PERSONAL CONVENIENCE, THE MEMBER MAY BE PAID FOR THE DISTANCE (BY DIRECT TRAVEL) FROM THE PORT OF DEBARKATION ACTUALLY USED TO THE NEW PERMANENT DUTY STATION, NOT TO EXCEED THE OFFICIAL DISTANCE FROM APPROPRIATE PORT OF DEBARKATION BY THE NORMAL DIRECT ROUTE TO THE NEW PERMANENT DUTY STATION. 47 COMP. GEN. 440, 444 (1968); DECISION B 166105, APRIL 8, 1969.

CONSEQUENTLY, REIMBURSEMENT TO LIEUTENANT KAIN FOR TRAVEL IN THE UNITED STATES IS LIMITED TO THE DIRECT DISTANCE FROM MIAMI, FLORIDA, HIS ACTUAL PORT OF DEBARKATION, TO HIS NEW PERMANENT STATION, BAINBRIDGE, MARYLAND. ACCORDINGLY, THE EXCESS MILEAGE ALLOWANCE PAID TO THE MEMBER SHOULD BE DEDUCTED FROM THE AMOUNT OTHERWISE DUE HIM AS REIMBURSEMENT FOR OVERSEAS TRAVEL.