B-116230, APR 25, 1955

B-116230, APR 25, 1955

PRECIS-UNAVAILABLE

MAJOR CHESTER A. MURGATROYD, AFR:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 25, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 15, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO SOUTHAMPTON, ENGLAND, OCTOBER 31 TO NOVEMBER 5, 1951, AND FOR THE COST OF TRANSPORTING YOURSELF, YOUR THREE DEPENDENTS AND YOUR AUTOMOBILE FROM DOVER, ENGLAND, TO BOULOGNE, FRANCE, ON MAY 20, 1952.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 110, DATED JUNE 15, 1951, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT BROOKS AIR FORCE BASE, TEXAS, AND ASSIGNED TO DUTY AT DARMSTADT, GERMANY. THE ORDERS PROVIDED THAT YOU WERE TO PROCEED TO WESTOVER AIR FORCE BASE, MASSACHUSETTS, FOR PROCESSING AND TRANSPORTATION TO YOUR OVERSEAS STATION AND THAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED IN THE UNITED STATES "PROVIDED INDIVIDUALS DISPOSE OF AUTOMOBILES PRIOR TO RPTG TO PAE." BY LETTER ORDERS DATED SEPTEMBER 15, 1951, YOU WERE DIRECTED TO PROCEED FROM DARMSTADT, GERMANY, TO SOUTH RUISLIP, ENGLAND, BY MILITARY AIRCRAFT FOR TEMPORARY DUTY WHICH BY PARAGRAPH 1, SPECIAL ORDERS NO. 13, DATED OCTOBER 17, 1951, BECAME PERMANENT. BY TRAVEL AUTHORIZATION NO. 8-39, DATED AUGUST 21, 1951, YOUR DEPENDENTS (WIFE AND 2 CHILDREN) WERE AUTHORIZED UPON CALL OF THE COMMANDING GENERAL, NEW YORK PORT OF EMBARKATION, TO PROCEED FROM SAN ANTONIO, TEXAS, TO THE APPROPRIATE PORT OF EMBARKATION AS INDICATED IN THE PORT CALL FOR FURTHER TRANSPORTATION TO DARMSTADT, GERMANY, UNDER PRIORITY LIST 19A, SEPTEMBER SUPPLEMENT, IT BEING STATED THAT SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED ONLY ON AN ARMY TRANSPORT AT NO EXPENSE TO THE GOVERNMENT. IT APPEARS THAT A PORT CALL WAS FURNISHED PURSUANT TO THE AUTHORIZATION, BUT SINCE YOU HAD BEEN TRANSFERRED FROM GERMANY TO ENGLAND YOUR DEPENDENTS TRAVELED TO THE LATTER COUNTRY AT PERSONAL EXPENSE RATHER THAN AWAIT A CHANGE IN AUTHORIZATION. PARAGRAPH 4, SPECIAL ORDERS NO. 55, DATED MAY 2, 1952, YOU WERE TRANSFERRED FROM SOUTH RUISLIP, ENGLAND, TO FONTAINBLEAU, FRANCE, FOR DUTY, IT BEING STATED THAT YOU THEN WERE ON TEMPORARY DUTY AT THE LATTER STATION (IN VIEW OF WHICH NO TRAVEL WAS REQUIRED). IT APPEARS THAT YOU THEN WENT TO ENGLAND TO ARRANGE FOR SHIPMENT OF YOUR HOUSEHOLD GOODS, PERSONAL EFFECTS, AND AUTOMOBILE, AND THAT IN RETURNING TO YOUR STATION WITH YOUR DEPENDENTS BY PRIVATELY OWNED AUTOMOBILE YOU INCURRED A CHARGE EQUAL IN UNITED STATES CURRENCY TO $36.60 FOR TRANSPORTATION OF SELF, THREE DEPENDENTS AND ONE AUTOMOBILE ACROSS THE ENGLISH CHANNEL.

TRANSPORTATION FOR DEPENDENTS TO AND FROM OVERSEAS LOCATIONS LONG HAS BEEN PROVIDED ON A PRIORITY BASIS UNDER STRICT MILITARY CONTROL. PARAGRAPH 7002-1B; JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, SPECIFICALLY PROVIDES THAT TRAVEL OF DEPENDENTS TO OR FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE." SINCE THE RECORD SHOWS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF DEPENDENTS FROM NEW YORK, NEW YORK, TO SOUTHAMPTON, ENGLAND, AND WOULD HAVE BEEN FURNISHED IN DUE COURSE HAD A CHANGE IN THE TRAVEL AUTHORIZATION BEEN REQUESTED, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR THEIR TRAVEL BETWEEN THESE POINTS BY COMMERCIAL MEANS.

AS TO THE EXPENSE INCURRED BY YOU IN CROSSING THE ENGLISH CHANNEL, IT WAS HELD IN OUR DECISIONS OF APRIL 18, 1955, B-112971 AND B-118160, THAT MILITARY PERSONNEL ARE NOT ENTITLED TO REIMBURSEMENT FOR FERRY FARES IN ADDITION TO MILEAGE AND, FURTHER, THAT THE VESSELS PLYING THE ENGLISH CHANNEL ARE NOT FERRIES, FOR WHICH REASON TRAVEL ACROSS THE CHANNEL IS NOT TRAVEL BY FERRY BUT BY OCEAN TRANSPORT. IT FOLLOWS THAT SINCE SECTION 617 OF THE ACT OF OCTOBER 29, 1949, 63 STAT. 1020, EXPRESSLY LIMITS TRANSPORTATION AT GOVERNMENT EXPENSE OF PRIVATELY OWNED AUTOMOBILES TO TRANSPORTATION ON GOVERNMENT-OWNED VESSELS, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR CAR FREIGHT ON YOUR AUTOMOBILE. ALSO, SINCE IT APPEARS THAT YOU WERE NOT TRAVELING ON PUBLIC BUSINESS BUT WERE RETURNING TO YOUR PERMANENT STATION WITH YOUR DEPENDENTS, YOU ARE NOT ENTITLED TO REIMBURSEMENT OF THE COST OF PASSENGER FARE FOR YOURSELF. SINCE TRAVEL ACROSS THE CHANNEL IS TO BE REGARDED, HOWEVER, AS OCEAN TRAVEL, AND IT APPEARS THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE, YOU ARE ENTITLED IN ADDITION TO MILEAGE WHICH YOU PRESUMABLY HAVE BEEN PAID FOR TRAVEL OF DEPENDENTS INCIDENT TO YOUR ORDERED PERMANENT CHANGE OF STATION FROM SOUTH RUISLIP, ENGLAND, TO FOUNTAINBLEAU, FRANCE, TO REIMBURSEMENT OF THE COST OF TRANSPORTING THEM BY WATER FROM DOVER, ENGLAND, TO BOULOGNE, FRANCE. A SETTLEMENT FOR THE AMOUNT FOUND DUE YOU FOR SUCH TRAVEL WILL ISSUE AT AN EARLY DATE.