B-110487, AUG 22, 1952

B-110487: Aug 22, 1952

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U.S.A.F.: REFERENCE IS MADE TO YOUR LETTER OF MAY 26. YOU WERE DIRECTED BY PARAGRAPH 1. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT PARAGRAPH 5052. PROVIDES THAT ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST DUTY STATION WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS. ELECTIVE WITH THE TRAVELER EXCEPT FOR GROUP TRAVEL AND TRAVEL WITH TROOPS WILL BE MILEAGE AT THE RATE OF SIX CENTS PER MILE WHEN TRAVEL IS PERFORMED BY PRIVATELY-OWNED CONVEYANCE. WERE TO PERMANENT DUTY. YOU EXPRESS THE BELIEF THAT YOU ARE ENTITLED TO PAYMENT AT THE RATE PROVIDED IN SAID PARAGRAPH. JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT THERETO ARE CONTAINED IN JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES.

B-110487, AUG 22, 1952

PRECIS-UNAVAILABLE

SECOND LIEUTENANT FLOYD H. GAYNES, U.S.A.F.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 26, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 9, 1952, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMBILE FROM MIAMI, FLORIDA, TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS.

THE RECORD SHOWS THAT HAVING ENLISTED IN THE AIR FORCE AS A PRIVATE AT THE AIR FORCE RECRUITING MAIN STATION AND INDUCTION STATION, MIAMI, FLORIDA, YOU WERE DIRECTED BY PARAGRAPH 1, SPECIAL ORDERS NO. 201, DATED SEPTEMBER 22, 1951, TO PROCEED TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, BY PRIVATELY OWNED AUTOMOBILE, IT BEING STATED IN SAID ORDERS THAT YOU WOULD BE PAID A SUBSISTENCE ALLOWANCE FOR MEALS, AND UPON COMPLETION OF TRAVEL, FIVE CENTS PER MILE IN LIEU OF TRANSPORTATION. YOU PERFORMED THE DIRECTED TRAVEL BETWEEN THE DATES OF SEPTEMBER 22 TO 28, 1951. UPON REFUSAL OF THE DISBURSING OFFICER AT YOUR STATION TO PAY YOUR CLAIM FOR MILEAGE FOR SAID TRAVEL YOU SUBMITTED IT TO THIS OFFICE. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT PARAGRAPH 5052, JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES, PROVIDES THAT ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST DUTY STATION WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS, IT BEING STATED IN SAID SETTLEMENT THAT SAID REGULATIONS MAKE NO PROVISION FOR REIMBURSEMENT FOR TRAVEL BY PRIVATELY-OWNED CONVEYANCE TO FIRST STATION. IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT PARAGRAPH 4150 OF THE SAID REGULATIONS PROVIDES THAT THE ALLOWANCE UPON PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES, ELECTIVE WITH THE TRAVELER EXCEPT FOR GROUP TRAVEL AND TRAVEL WITH TROOPS WILL BE MILEAGE AT THE RATE OF SIX CENTS PER MILE WHEN TRAVEL IS PERFORMED BY PRIVATELY-OWNED CONVEYANCE. VIEW THEREOF AND SINCE THE ORDERS OF SEPTEMBER 22, 1951, WERE TO PERMANENT DUTY, YOU EXPRESS THE BELIEF THAT YOU ARE ENTITLED TO PAYMENT AT THE RATE PROVIDED IN SAID PARAGRAPH.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES, INTER ALIA 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 ENLISTMENT FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION. JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT THERETO ARE CONTAINED IN JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES. SAID REGULATIONS IN DEALING GENERALLY WITH PERMANENT CHANGE OF STATION ALLOWANCES WITHIN THE UNITED STATES DO PROVIDE (PARAGRAPH 4150) FOR PAYMENT OF A MILEAGE ALLOWANCE WHEN THE TRAVEL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE. HOWEVER, WITH SPECIFIC REFERENCE TO TRAVEL OF ENLISTED MEN FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST DUTY STATION, THE REGULATIONS (PARAGRAPH 5052) CLEARLY AND UNEQUIVOCALLY PROVIDE THAT ENLISTED MEMBERS "WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS." HAD THE SECRETARIES INTENDED THAT TRAVEL IN THIS CATEGORY BE CONSIDERED ON THE SAME BASIS AS THE TRAVEL COVERED BY PARAGRAPH 4150, IT SEEMS CLEAR THAT THERE WOULD HAVE BEEN NO NEED FOR PARAGRAPH 5052. SINCE SUCH REGULATIONS, PROVIDING FOR TRANSPORTATION IN KIND AND MEAL TICKETS FOR ENLISTED PERSONNEL TRAVELING TO FIRST STATION ARE CONTROLLING AS TO THE RIGHTS OF THE PERSONNEL INVOLVED, THERE IS NO LEGAL BASIS ON WHICH THIS OFFICE PROPERLY MAY AUTHORIZE REIMBURSEMENT FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE.

ACCORDINGLY, THE SETTLEMENT OF MAY 9, 1952, WAS CORRECT AND MUST BE SUSTAINED.