B-116698, APR 8, 1954

B-116698: Apr 8, 1954

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NAVY: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. YOU WERE DIRECTED TO PROCEED FROM YOUR STATION IN THE FAR EAST AND REPORT FOR DUTY IN THE BUREAU OF SUPPLIES AND ACCOUNTS. IT IS SHOWN THAT GOVERNMENT TRANSPORTATION REQUESTS WERE FURNISHED YOU FOR SUCH TRAVEL OVER THE NORTHERN PACIFIC AND PENNSYLVANIA RAILROADS. THE NAVY DEPARTMENT DETERMINED THAT FOUR DAYS WERE SUFFICIENT FOR PERFORMANCE OF TRAVEL BETWEEN THE POINTS INVOLVED OVER THE OFFICIAL ROUTE. YOUR CLAIM FOR PER DIEM FOR ONE ADDITIONAL DAY IS ON THE BASIS THAT FIVE DAYS WERE REQUIRED FOR TRAVEL OVER THE ROUTE USED. IT BEING URGED THAT TRAVEL OVER THAT ROUTE WAS NOT REQUESTED BY YOU. "A FULL PER DIEM OF $9 PER DAY WILL BE ALLOWED FOR THE TIME NECESSARY TO PERFORM TRAVEL BY THE MODE OF TRANSPORTATION EMPLOYED OR FOR CONSTRUCTIVE TRAVEL OVER THE OFFICIAL ROUTE.

B-116698, APR 8, 1954

PRECIS-UNAVAILABLE

COMMANDER W. G. TONNER, JR. (S.C.) U. S. NAVY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1953, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 18, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR ONE ADDITIONAL DAY OF TRAVEL INCIDENT TO ORDERS DIRECTING YOU TO TRAVEL FROM SEATTLE, WASHINGTON, TO WASHINGTON, D. C.

BY ORDER ISSUED IN MAY 1952, BY THE BUREAU OF NAVAL PERSONNEL, AS AMENDED ON JULY 1, 1952, YOU WERE DIRECTED TO PROCEED FROM YOUR STATION IN THE FAR EAST AND REPORT FOR DUTY IN THE BUREAU OF SUPPLIES AND ACCOUNTS, WASHINGTON, D. C. THOSE ORDERS AUTHORIZED A DELAY IN REPORTING AS DIRECTED UNTIL OCTOBER 27, 1952, PROVIDED SUCH DELAY DID NOT INVOLVE EXCESS LEAVE. YOUR CLAIM SHOWS THAT YOU ARRIVED AT SEATTLE ON SEPTEMBER 24, 1952; THAT YOU DEPARTED FROM THAT CITY ON SEPTEMBER 27; AND THAT YOU ARRIVED IN WASHINGTON ON OCTOBER 13, 1952. IT IS SHOWN THAT GOVERNMENT TRANSPORTATION REQUESTS WERE FURNISHED YOU FOR SUCH TRAVEL OVER THE NORTHERN PACIFIC AND PENNSYLVANIA RAILROADS. THE NAVY DEPARTMENT DETERMINED THAT FOUR DAYS WERE SUFFICIENT FOR PERFORMANCE OF TRAVEL BETWEEN THE POINTS INVOLVED OVER THE OFFICIAL ROUTE, ALLOWING YOU PER DIEM FOR THAT NUMBER OF DAYS. YOUR CLAIM FOR PER DIEM FOR ONE ADDITIONAL DAY IS ON THE BASIS THAT FIVE DAYS WERE REQUIRED FOR TRAVEL OVER THE ROUTE USED, IT BEING URGED THAT TRAVEL OVER THAT ROUTE WAS NOT REQUESTED BY YOU.

PARAGRAPH 4151-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT FOR TRAVEL UNDER ORDERS DIRECTING A PERMANENT CHANGE OF STATION, "A FULL PER DIEM OF $9 PER DAY WILL BE ALLOWED FOR THE TIME NECESSARY TO PERFORM TRAVEL BY THE MODE OF TRANSPORTATION EMPLOYED OR FOR CONSTRUCTIVE TRAVEL OVER THE OFFICIAL ROUTE, WHICHEVER IS LESSER." IT APPEARS AGREED THAT YOU DID NOT TRAVEL OVER THE OFFICIAL ROUTE AND THAT TRAVEL OVER THAT ROUTE COULD HAVE BEEN PERFORMED IN FOUR DAYS. YOU BASE YOUR CLAIM ON THE FACT THAT TRAVEL OVER THE LONGER ROUTE WAS NOT REQUESTED BY YOU BUT WAS NECESSARY AND FOR THE CONVENIENCE OF THE GOVERNMENT. HOWEVER, THAT POSITION IS NOT SUPPORTED BY THE FACTS IN THE CASE. ON YOUR CLAIM VOUCHER YOU STATE THAT THE ROUTE USED WAS SELECTED "SIMPLY BY WHAT WAS AVAILABLE AT THE TIME OF REQUEST." ALSO YOU STATE THAT "ONLY THE NORTHERN PACIFIC COULD FURNISH RESERVATIONS WITHIN A REASONABLE PERIOD OF TIME." SINCE IT APPEARS THAT ACTUAL TRAVEL WAS COMMENCED ON SEPTEMBER 27, 1952, ONE MONTH BEFORE YOUR ORDERS REQUIRED YOU TO REPORT IN WASHINGTON, IT IS EVIDENT THAT YOU DID NOT TRAVEL BY THE ROUTE UTILIZED BECAUSE YOUR DUTY OR ORDERS REQUIRED YOU TO TRAVEL BY THAT ROUTE. UNDER SUCH CIRCUMSTANCES THIS OFFICE FINDS NO BASIS FOR THE ALLOWANCE OF PER DIEM FOR AN ADDITIONAL DAY OF TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF MARCH 18, 1953, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.