B-106969, MAR 11, 1952

B-106969: Mar 11, 1952

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BARRACLOUGH: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. WHEREIN YOU WERE ALLOWED THE SUM OF $1.68 AS REIMBURSEMENT AT 3 CENTS PER MILE FOR TRAVEL PERFORMED BY YOU FROM METHUEN. ISSUED FOR SUCH TRAVEL WERE SURRENDERED UNUSED TO THE DEPARTMENT OF THE NAVY. YOU WERE ALLOWED THE SUM OF $1.68 COMPUTED AT THE RATE OF 3 CENTS PER MILE FOR THE OFFICIAL DISTANCE OF 56 MILES FROM METHUEN. THAT THE ROUND-TRIP RAILROAD FARE FROM METHUEN TO BOSTON IS $1.75 AND THE ONE-WAY FARE IS $1.16. THAT YOU HAVE BEEN ADVISED AT YOUR LOCAL NAVY RECRUITING OFFICE AND AT THE NAVAL RESERVE OFFICE THAT YOU SHOULD HAVE BEEN REIMBURSED AT THE RATE OF 6 CENTS PER MILE FOR THE TRAVEL HERE IN QUESTION. YOU REQUEST AN EXPLANATION AS TO WHY YOU WERE NOT ALLOWED AT LEAST THE COST OF THE TRAVEL OR 6 CENTS PER MILE.

B-106969, MAR 11, 1952

PRECIS-UNAVAILABLE

MR. WILLIAM C. BARRACLOUGH:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7, 1951, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 27, 1951, WHEREIN YOU WERE ALLOWED THE SUM OF $1.68 AS REIMBURSEMENT AT 3 CENTS PER MILE FOR TRAVEL PERFORMED BY YOU FROM METHUEN, MASSACHUSETTS, TO BOSTON, MASSACHUSETTS, AND RETURN, UNDER ORDERS DATED JANUARY 23, 1951, AS STOREKEEPER FIRST CLASS, UNITED STATES NAVAL RESERVE.

THE RECORD INDICATES THAT PURSUANT TO ORDERS DATED JANUARY 23, 1951, YOU TRAVELED FROM METHUEN, MASSACHUSETTS, TO BOSTON, MASSACHUSETTS, AND RETURN, BY PRIVATE AUTOMOBILE ON MARCH 13, 1951; THAT TRANSPORTATION REQUESTS NOS. 11885623 AND 11885624, ISSUED FOR SUCH TRAVEL WERE SURRENDERED UNUSED TO THE DEPARTMENT OF THE NAVY, AND THAT THE DEPARTMENT OF THE NAVY APPROVED YOUR CLAIM FOR TRAVEL SO PERFORMED AT YOUR OWN EXPENSE AT 3 CENTS PER MILE. BY SETTLEMENT DATED NOVEMBER 27, 1951, YOU WERE ALLOWED THE SUM OF $1.68 COMPUTED AT THE RATE OF 3 CENTS PER MILE FOR THE OFFICIAL DISTANCE OF 56 MILES FROM METHUEN, MASSACHUSETTS, TO BOSTON, MASSACHUSETTS, AND RETURN. IN YOUR LETTER OF DECEMBER 7, 1951, REQUESTING REVIEW OF SAID SETTLEMENT, YOU STATE, IN SUBSTANCE, THAT THE ROUND-TRIP RAILROAD FARE FROM METHUEN TO BOSTON IS $1.75 AND THE ONE-WAY FARE IS $1.16; THAT YOU HAVE BEEN ADVISED AT YOUR LOCAL NAVY RECRUITING OFFICE AND AT THE NAVAL RESERVE OFFICE THAT YOU SHOULD HAVE BEEN REIMBURSED AT THE RATE OF 6 CENTS PER MILE FOR THE TRAVEL HERE IN QUESTION, AND YOU REQUEST AN EXPLANATION AS TO WHY YOU WERE NOT ALLOWED AT LEAST THE COST OF THE TRAVEL OR 6 CENTS PER MILE.

AT THE TIME THE TRAVEL HERE INVOLVED WAS PERFORMED, THERE WAS IN EFFECT PARAGRAPH 7001-1A, U.S. NAVY TRAVEL INSTRUCTIONS, CHANGE 11, JULY 1949, WHICH PROVIDED AS FOLLOWS:

"ENLISTED PERSONNEL TRAVELING UNDER ORDERS WHICH ENTITLE THEM TO COMMERCIAL TRANSPORTATION IN KIND, WHO PERFORM TRAVEL OR PORTIONS THEREOF AT PERSONAL EXPENSE, MAY BE PAID, IN ADVANCE OR OTHERWISE, AS HEREINAFTER PROVIDED, A MONEY ALLOWANCE OF $0.03 PER MILE IN LIEU OF TRANSPORTATION IN KIND REGARDLESS OF THE MODE OF TRAVEL USED, EXCEPT THAT NO SUCH PAYMENT WILL BE MADE FOR ANY DISTANCE FOR WHICH GOVERNMENT CONVEYANCE IS USED."

UNDER THE ABOVE-QUOTED PROVISION OF THE REGULATIONS, YOU WERE ENTITLED TO A MONEY ALLOWANCE OF 3 CENTS PER MILE IN LIEU OF TRANSPORTATION IN KIND FOR THE OFFICIAL DISTANCE FROM METHUEN, MASSACHUSETTS, TO BOSTON, MASSACHUSETTS, AND RETURN, AND THE AMOUNT FOUND TO BE DUE YOU ON SUCH BASIS WAS ALLOWED IN THE SETTLEMENT DATED NOVEMBER 27, 1951. APPARENTLY IT IS YOUR BELIEF THAT YOU WERE ENTITLED TO 6 CENTS PER MILE FOR THE TRAVEL HERE INVOLVED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303(H) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 814. HOWEVER, SUCH REGULATIONS DID NOT BECOME EFFECTIVE UNTIL APRIL 1, 1951, AND ARE NOT FOR APPLICATION IN YOUR CASE SINCE THE TRAVEL WAS PERFORMED PRIOR TO APRIL 1, 1951.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 27, 1951, IS SUSTAINED.