B-117447, MAR 17, 1954

B-117447, MAR 17, 1954

PRECIS-UNAVAILABLE

LOUIS A. PIERRO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1953, RELATIVE TO SETTLEMENT DATED JULY 2, 1959, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED BY PRIVATELY OWNED CONVEYANCE FROM CAMP MCSHAULEY, MIEZ, AUSTRIA, TO LEGHORN, ITALY PURSUANT TO ORDERS OF AUGUST 5, 1952, WHICH DIRECTED YOU TO PRECEED AND REPORT TO THE COMMANDING OFFICER, LEGHORN PORT OF EMBARKATION, ON OF ABOUT SEPTEMBER 5, 1952, FOR FURTHER MOVEMENT TO THE UNITED STATES. SUCH ORDERS AUTHORIZED TRAVEL BY RAIL, AND UNITED STATES MILITARY AIRCRAFT AND CONTAIN THE INITIALS "TPA" (TRAVEL BY PRIVATELY OWNED CONVEYANCE AUTHORIZED).

YOUR CLAIM WAS DISALLOWED UNDER APPLICABLE REGULATIONS WHICH CONTEMPLATE THE USE OF GOVERNMENT TRANSPORTATION, IF AVAILABLE, FOR TRAVEL SUCH AS HERE INVOLVED. SEE ARMY REGULATIONS 55-117 AND PARAGRAPH 10F, CIRCULAR NO. 46, HEADQUARTERS, UNITED STATES FORCES IN AUSTRIA, DATED JUNE 8, 1951. A REPORT FROM THE COMMANDING GENERAL AT SUCH HEADQUARTERS, DATED JUNE 1, 1953, STATED THAT A GOVERNMENT LEASED TRAIN OPERATED ON A REGULAR SCHEDULE BETWEEN CAMP MCCANLEY AND LEGHORN. YOU NOW STATE THAT YOU WERE REQUESTED TO REMAIN AT CAMP MCSAULEY TO COMPLETE THE WORK YOU WERE DOING AT THAT PLACE, AND THAT IF YOU ARE NOT ENTITLED TO THE MILEAGE CLAIMED, "SOMEONE WAS INCORRECT IN APPROVING THE REQUEST TO HOLD ME AT CAMP MCSAULEY THE EXTRA FIVE DAYS WHICH WERE ALLOWED FOR TRANSPORTING PRIVATELY OWNED VEHICLES TO THE PART OF EMBARKATION FOR SHIPMENT."

PARAGRAPH 10F, CIRCULAR NO. 46, HEADQUARTERS, UNITED STATES FORCES IN AUSTRIA, DATED JUNE 8, 1951, PROVIDED THAT -

"F. TRAVEL BY PRIVATELY OWNED CONVEYANCE ON REIMBURSABLE BASIS WILL NOT BE AUTHORIZED WHERE ADEQUATE RAIL AND/OR U S MILITARY AIR TRANSPORTATION EXISTS. WHEN USE OF PRIVATELY OWNED CONVEYANCE IS DEEMED MORE ECONOMICAL AND/OR ADVANTAGEOUS AND ADEQUATE RAIL AND/OR U S MILITARY AIR TRANSPORTATION DOES NOT EXIST, COMMANDERS AUTHORIZED TO ISSUE TRAVEL ORDERS MAY AUTHORIZE TRAVEL BY PRIVATELY OWNED CONVEYANCE UNDER PROVISIONS OF PARAGRAPH 4203-2B JTR. IN THE CASE WHERE TRAVEL BY PRIVATELY OWNED CONVEYANCE IS DEEMED MORE ECONOMICAL AND/OR ADVANTAGEOUS TO THE GOVERNMENT, TRAVEL ORDERS WILL SPECIFICALLY STATE "TPA AND IS DETERMINED MORE ECONOMICAL AND/OR ADVANTAGEOUS TO THE GOVERNMENT. TRAVEL BY PRIVATELY OWNED CONVEYANCE FOR THE CONVENIENCE OF THE INDIVIDUAL AT NO ADDITIONAL EXPENSE TO THE GOVERNMENT AND WITH NO REIMBURSEMENT TO THE INDIVIDUAL MAY BE AUTHORIZED AT THE DISCRETION OF THE COMMANDERS ISSUING ORDERS. ***

UNDER THE ABOVE-QUOTED CIRCULAR USE OF PRIVATELY OWNED CONVEYANCE ON A REIMBURSABLE BASIS IS AUTHORIZED ONLY WHEN THAT MODE OF TRAVEL IS MORE ECONOMICAL OR ADVANTAGEOUS AND ADEQUATE RAIL TRANSPORTATION DOES NOT EXIST. IF THOSE CONDITIONS ARE FOUND TO EXIST, IT IS EXPRESSLY PROVIDED THAT THE ORDERS STATE "TPA AND IS DETERMINED MORE ECONOMICAL AND/OR ADVANTAGEOUS TO THE GOVERNMENT." YOUR ORDERS CONTAIN ONLY THE INITIALS "TPA" AND HENCE, SINCE IT IS STATED THAT ADEQUATE GOVERNMENT RAIL TRANSPORTATION WAS AVAILABLE, IT APPEARS THAT THERE WAS NO INTENTION TO AUTHORIZE TRAVEL BY PRIVATELY OWNED CONVEYANCE ON A REIMBURSABLE BASIS.

ACCORDINGLY, THE SETTLEMENT OF JULY 2, 1953, IS SUSTAINED.