B-116150, OCT. 3, 1955

B-116150: Oct 3, 1955

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HENNEKE: REFERENCE IS MADE TO LETTER OF MARCH 14. YOU WERE ADVISED THAT THE ALASKAN AIR COMMAND HAD NO AUTHORITY TO APPROVE TRAVEL BY PRIVATELY OWNED AUTOMOBILE OVER THE ALCAN HIGHWAY BUT CLARIFICATION FOR SUCH TRAVEL HAD BEEN REQUESTED AND DEFINITE INFORMATION WAS ANTICIPATED BEFORE THE EFFECTIVE DATE OF YOUR RESIGNATION. WHICH WAS APPROXIMATELY ONE MONTH PRIOR TO YOUR ORIGINAL RESIGNATION DATE. YOUR RESIGNATION WAS PROCESSED AS A LOCAL SEPARATION. YOU WERE PAID BOTH FINAL SALARY AND LEAVE INCLUDING A 25 PERCENT COST-OF-LIVING ALLOWANCE PRIOR TO YOUR DEPARTURE FOR THE UNITED STATES. NO TRAVEL ORDERS WERE ISSUED BUT YOU TRAVELED FROM ALASKA TO WASHINGTON. AT THAT TIME REGULATIONS WERE BEING PROMULGATED.

B-116150, OCT. 3, 1955

TO MISS DOROTHY L. HENNEKE:

REFERENCE IS MADE TO LETTER OF MARCH 14, 1955, FROM HARRY E. HOWELL, ESQUIRE, WRITTEN IN YOUR BEHALF, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 30, 1953, DISALLOWING YOUR CLAIM FOR SALARY FOR TRAVEL TIME BETWEEN EIELSON AIR FORCE BASE, ALASKA, AND WASHINGTON, D.C., MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE, PER DIEM IN LIEU OF SUBSISTENCE, AND LEAVE ACCRUED DURING TRAVEL TIME.

THE RECORD REVEALS THAT ON NOVEMBER 12, 1948, YOU ENTERED INTO AN AGREEMENT WITH THE DEPARTMENT OF THE AIR FORCE TO SERVE AS A CIVILIAN EMPLOYEE AT EIELSON AIR FORCE BASE, ALASKA. YOUR ORIGINALLY REQUESTED TO BE SEPARATED EFFECTIVE AUGUST 15, 1951, AND INDICATED YOUR DESIRE TO RETURN TO THE UNITED STATES BY PRIVATELY OWNED CONVEYANCE OVER THE ALCAN HIGHWAY. YOU WERE ADVISED THAT THE ALASKAN AIR COMMAND HAD NO AUTHORITY TO APPROVE TRAVEL BY PRIVATELY OWNED AUTOMOBILE OVER THE ALCAN HIGHWAY BUT CLARIFICATION FOR SUCH TRAVEL HAD BEEN REQUESTED AND DEFINITE INFORMATION WAS ANTICIPATED BEFORE THE EFFECTIVE DATE OF YOUR RESIGNATION. HOWEVER, YOU ELECTED TO DEPART FOR PERSONAL REASONS ON JULY 13, 1951, WHICH WAS APPROXIMATELY ONE MONTH PRIOR TO YOUR ORIGINAL RESIGNATION DATE. YOUR RESIGNATION WAS PROCESSED AS A LOCAL SEPARATION. YOU WERE PAID BOTH FINAL SALARY AND LEAVE INCLUDING A 25 PERCENT COST-OF-LIVING ALLOWANCE PRIOR TO YOUR DEPARTURE FOR THE UNITED STATES. NO TRAVEL ORDERS WERE ISSUED BUT YOU TRAVELED FROM ALASKA TO WASHINGTON, D.C., YOUR POINT OF HIRE, BY PRIVATELY OWNED AUTOMOBILE VIA THE ALCAN HIGHWAY DURING THE PERIOD JULY 13, 1951, TO AUGUST 7, 1951.

IT HAS BEEN INFORMALLY ASCERTAINED FROM THE DEPARTMENT OF THE AIR FORCE THAT AT THE TIME OF TRAVEL IN QUESTION THERE EXISTED CONSIDERABLE CONFUSION WITH RESPECT TO THE USE OF THE ALCAN HIGHWAY FOR OFFICIAL TRAVEL OF AIR FORCE EMPLOYEES. AT THAT TIME REGULATIONS WERE BEING PROMULGATED, RELATIVE TO THE USE OF THE ALCAN HIGHWAY FOR TRAVEL BY PRIVATELY OWNED VEHICLES OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE, WHICH WERE SUBSEQUENTLY INCORPORATED IN THE AIR FORCE TRAVEL REGULATIONS. AIR FORCE MANUAL 40-10, PARAGRAPH 6E, DATED SEPTEMBER 1, 1953, SPECIFICALLY COVERS TRAVEL OVER THE ALCAN HIGHWAY BY PRIVATELY OWNED AUTOMOBILE, AND STATES THAT WHEN TRAVEL ORDERS DO NOT SPECIFICALLY OTHERWISE INDICATE, REIMBURSEMENT FOR PRIVATELY OWNED AUTOMOBILE TRAVEL WILL BE ALLOWED AT THE RATE OF SEVEN CENTS PER MILE, NOT TO EXCEED THE COMPARABLE EXPENSE OF COMMON CARRIER RAIL IN THE CONTINENTAL UNITED STATES AND ALASKA AND MSTS VESSEL BETWEEN WHITTIER, ALASKA, AND SEATTLE, WASHINGTON. SINCE YOU HAD COMPLETED YOUR OVERSEAS EMPLOYMENT AGREEMENT AND A NEED FOR MEDICAL ATTENTION IN THE UNITED STATES WAS A MOTIVATING FACTOR FOR YOUR RESIGNATION YOU WILL BE ALLOWED MILEAGE BETWEEN EIELSON AIR FORCE BASE, ALASKA, AND WASHINGTON, D.C., IN AN AMOUNT LIMITED TO THE COMPARABLE EXPENSE OF COMMON CARRIER RAIL IN THE CONTINENTAL UNITED STATES AND ALASKA AND MSTS VESSEL BETWEEN WHITTIER, ALASKA, AND SEATTLE, WASHINGTON.

CONCERNING THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF PER DIEM ONLY WHEN AUTHORIZED OR APPROVED BY THE OFFICIAL AUTHORIZED TO ISSUE TRAVEL ORDERS. SINCE THE GRANTING OF A PER DIEM ALLOWANCE IS AN ADMINISTRATIVE MATTER, AND NONE WAS AUTHORIZED OR APPROVED AS REQUIRED UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THERE WOULD BE NO AUTHORITY FOR THE ALLOWANCE OF PER DIEM IN LIEU OF SUBSISTENCE.

YOUR CLAIM FOR LEAVE AND SALARY COVERING THE PERIOD OF TRAVEL IN CONNECTION WITH YOUR RETURN TO WASHINGTON, D.C., FROM ALASKA, MAY NOT BE ALLOWED SINCE THE RECORD SHOWS THAT YOU WERE SEPARATED FROM THE SERVICE ON ACCOUNT OF YOUR RESIGNATION EFFECTIVE JULY 13, 1951, AND, IN THE ABSENCE OF A SHOWING THAT THE ADMINISTRATIVE ACTION PURPORTING TO EFFECT SUCH SEPARATION WAS NOT VALID, YOUR RIGHTS TO LEAVE AND COMPENSATION, AS WELL AS PER DIEM, MUST BE REGARDED AS HAVING TERMINATED ON THAT DATE.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE WILL ISSUE IN YOUR FAVOR IN DUE COURSE.