B-118113, MAR 15, 1954

B-118113: Mar 15, 1954

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SMITH FURTHER REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 20. TO WHICH YOU WERE ASSIGNED FOR DUTY BY PARAGRAPH 7. IT IS STATED THAT NEITHER GOVERNMENT QUARTERS NOR RATIONS WERE AVAILABLE AT THE ORDNANCE PLANT. THAT THE BASIC ALLOWANCES FOR QUARTERS AND SUBSISTENCE PROVIDED BY LAW WERE PAID TO YOU. THAT NO GOVERNMENT TRANSPORTATION WAS FURNISHED BETWEEN THE PLANT AND MARSHALL (A DISTANCE OF 15 MILES). THE REGULATIONS GOVERNING REIMBURSEMENT OF EXPENSES OF TRAVEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3000-1 OF WHICH PROVIDES THAT "NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR.". PARAGRAPH 6450 OF SUCH REGULATIONS STATES THAT "EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE.".

B-118113, MAR 15, 1954

PRECIS-UNAVAILABLE

MR. HARVEY J. SMITH

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 20, 1953, AND FEBRUARY 19, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 12, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL DURING THE PERIOD JUNE 13, 1952, TO JANUARY 5, 1953, BETWEEN YOUR PLACE OF RESIDENCE IN MARSHALL, TEXAS, AND THE LONGHORN ORDNANCE PLANT, MARSHALL, TEXAS, TO WHICH YOU WERE ASSIGNED FOR DUTY BY PARAGRAPH 7, SPECIAL ORDERS NO. 93, ARMY AUDIT AGENCY, CHICAGO REGIONAL OFFICE, CHICAGO, ILLINOIS, DATED JUNE 9, 1952.

IT IS STATED THAT NEITHER GOVERNMENT QUARTERS NOR RATIONS WERE AVAILABLE AT THE ORDNANCE PLANT, THAT THE BASIC ALLOWANCES FOR QUARTERS AND SUBSISTENCE PROVIDED BY LAW WERE PAID TO YOU, AND THAT NO GOVERNMENT TRANSPORTATION WAS FURNISHED BETWEEN THE PLANT AND MARSHALL (A DISTANCE OF 15 MILES), THE NEAREST PLACE WHERE YOU COULD OBTAIN MEALS AND QUARTERS.

THE REGULATIONS GOVERNING REIMBURSEMENT OF EXPENSES OF TRAVEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 3000-1 OF WHICH PROVIDES THAT "NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR." PARAGRAPH 6450 OF SUCH REGULATIONS STATES THAT "EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE."

THE FOREGOING REGULATIONS BAR REIMBURSEMENT OF EXPENSES OF TRAVEL PERFORMED UNDER THE CIRCUMSTANCES HERE INVOLVED, AND THIS OFFICE KNOWS OF NO OTHER AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. WHEN AN ENLISTED MAN IS ASSIGNED TO DUTY AT A STATION AND IS PAID THE BASIC ALLOWANCES FOR QUARTERS AND SUBSISTENCE PROVIDED BY LAW, HE MUST BEAR THE NECESSARY EXPENSES OF TRAVEL FROM HIS HOME TO HIS PLACE OF DUTY, AND RETURN, IF TRANSPORTATION IS NOT FURNISHED IN KIND, AND THE FACT THAT SUITABLE QUARTERS ARE NOT AVAILABLE IN THE IMMEDIATE VICINITY OF HIS PLACE OF DUTY, DOES NOT ADD TO HIS RIGHTS IN THE PREMISES. SEE IN THIS CONNECTION 20 COMP. GEN. 427.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 12, 1953, IS SUSTAINED.