B-108350, MAY 6, 1952, 31 COMP. GEN. 572

B-108350, MAY 6, 1952, 31 COMP. GEN. 572

TRAVELING EXPENSES - MILITARY, NAVAL, ETC., PERSONNEL - AVAILABILITY OF GOVERNMENT TRANSPORTATION UNDER PARAGRAPH 4203-3C OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, PROVIDING THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE IS AVAILABLE, BUT TRAVEL IS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED, A SERVICEMAN WHOSE ORDERS REQUIRED TRAVEL BY GOVERNMENT AIR TRANSPORTATION WHICH WAS AVAILABLE FOR A PORTION OF THE TRIP, IS ENTITLED TO REIMBURSEMENT FOR COST OF TRAVEL BY COMMERCIAL AIR ONLY FOR THAT PART OF THE TRIP WHERE GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. LAMAR C. HUSON, USNR, MAY 6, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1952, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 15, 1951, WHICH ALLOWED $2.50 AS REIMBURSEMENT FOR YOUR TRAVEL FROM SAN FRANCISCO, CALIFORNIA TO SEATTLE, WASHINGTON, ON JUNE 1, 1951, BY COMMERCIAL AIR INCIDENT TO ORDERS OF MAY 29, 1951.

BY ORDERS ISSUED BY COMMANDER MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC, NAVY 3923, MAY 29, 1951, YOU WERE DIRECTED TO PROCEED TO THE UNITED STATES AND UPON ARRIVAL YOU WERE TO FURTHER PROCEED TO SEATTLE, WASHINGTON, AND REPORT TO THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE, NORTH PACIFIC AREA, IT BEING SPECIFIED THEREIN THAT TRAVEL TO THE UNITED STATES WOULD BE BY GOVERNMENT TRANSPORTATION; THAT TRAVEL BY " GOVERNMENT AIRCRAFT IS DIRECTED BETWEEN SAN FRANCISCO AND SEATTLE WHERE AVAILABLE," AND THAT "TRAVEL IS ALSO AUTHORIZED VIA RAIL, BUS OR COMMERCIAL AIR WHERE GOVERNMENT AIR IS NOT AVAILABLE IN THE UNITED STATES.' YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BY COMMERCIAL AIR FROM SAN FRANCISCO, CALIFORNIA, TO SEATTLE, WASHINGTON, ON JUNE 1, 1951, WAS ALLOWED IN THE SUM OF $2.50 BY THE SETTLEMENT MENTIONED ABOVE, SAID SUM REPRESENTING THE COST OF TRAVEL BY COMMERCIAL AIR FROM TACOMA, WASHINGTON TO SEATTLE, WASHINGTON, IT BEING STATED THEREIN THAT NO ADDITIONAL AMOUNT COULD BE ALLOWED FOR THE REASON THAT GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE DAILY FROM SAN FRANCISCO, CALIFORNIA, TO TACOMA, WASHINGTON. YOUR REQUEST FOR REVIEW YOU STATE THAT UPON YOUR ARRIVAL FROM OVERSEAS YOU LANDED AT TRAVIS AIR FORCE BASE, FAIRFIELD, CALIFORNIA; THAT A YOUNG GIRL ON DUTY AT MILITARY AIR TRANSPORT SERVICE ADVISED YOU THERE WERE NO FLIGHTS SCHEDULED TO SEATTLE; THAT YOU OBTAINED FREE TRANSPORTATION TO SAN FRANCISCO AIRPORT; THAT YOU PURCHASED AIR TRANSPORTATION TO SEATTLE, AND THAT YOU DID NOT KNOW MILITARY AIR TRANSPORT SERVICE WAS AVAILABLE FROM SAN FRANCISCO. HENCE, YOU BELIEVE YOU SHOULD BE REIMBURSED FOR THE COST OF YOUR TRAVEL BY COMMERCIAL AIR FROM SAN FRANCISCO, CALIFORNIA, TO SEATTLE, WASHINGTON.

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 RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION OR OTHERWISE. PARAGRAPH 4203-3C, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SAID ACT, PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE WAS AVAILABLE BUT TRAVEL WAS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED.

SINCE YOUR ORDERS CLEARLY REQUIRED YOU TO TRAVEL BY GOVERNMENT AIRCRAFT BETWEEN " SAN FRANCISCO AND SEATTLE WHERE AVAILABLE," AND SINCE THE RECORD SHOWS GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE DAILY FROM SAN FRANCISCO, CALIFORNIA, TO TACOMA, WASHINGTON, THE REIMBURSEMENT AUTHORIZED IS LIMITED TO THE COST OF TRAVEL BETWEEN TACOMA AND SEATTLE, WASHINGTON, WHICH AMOUNT HERETOFORE HAS BEEN PAID TO YOU.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 15, 1951, WAS CORRECT AND IS SUSTAINED.

THE ORIGINAL ORDERS WHICH ACCOMPANIED YOUR LETTER OF JANUARY 28, 1952, ARE ENCLOSED.