B-118160, APRIL 18, 1955, 34 COMP. GEN. 530

B-118160: Apr 18, 1955

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1955: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR TRAVEL. WAS NOT CONSIDERED AS TRAVEL IN COMPLIANCE WITH YOUR ORDERS SO AS TO WARRANT PAYMENT SINCE SUCH ORDERS DIRECTED THAT YOU REPORT AT ORLEANS NOT LATER THAN APRIL 25. STATING THAT YOU WERE GRANTED 30 DAYS' EMERGENCY LEAVE COMMENCING APRIL 10. WILL BE CONSIDERED AS HAVING BEEN PERFORMED IN COMPLIANCE WITH THE ORDERS OF MARCH 14. IT IS NOTED THAT YOUR CLAIM INCLUDES AN ITEM OF $28 STATED TO BE THE FARE PAID FOR FERRY SERVICE FROM DOVER. INSOFAR AS THE ENGLISH CHANNEL IS CONCERNED. TO THE EXTENT THAT SUCH CHARGE REPRESENTS THE COST OF TRANSPORTING YOUR AUTOMOBILE IT IS A COMMERCIAL WATER FREIGHT CHARGE FOR TRANSPORTING A PRIVATELY OWNED AUTOMOBILE AND.

B-118160, APRIL 18, 1955, 34 COMP. GEN. 530

MILEAGE - MILITARY, NAVAL, ETC., PERSONNEL - FARE FOR CROSSING ENGLISH CHANNEL IN THE ABSENCE OF STATUTORY AUTHORITY FOR PAYMENT OF FARES AND TOLLS IN ADDITION TO PAYMENT OF MILEAGE FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES, THE FARE PAID FOR THE TRANSPORTATION OF AN OFFICER AND HIS AUTOMOBILE ACROSS THE ENGLISH CHANNEL MAY NOT BE REIMBURSED IN ADDITION TO THE MILEAGE ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO HAROLD C. WELCH, APRIL 18, 1955:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JULY 16, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES INCIDENT TO YOUR TRAVEL FROM NEWBURY, ENGLAND, TO ORLEANS, FRANCE, UNDER SPECIAL ORDERS NO. 58 OF HEADQUARTERS, 928TH ENGINEER AVIATION GROUP, APO 147, U.S. AIR FORCE, DATED MARCH 14, 1952.

YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR TRAVEL, PERFORMED DURING THE PERIOD MAY 8 TO 9, 1952, WAS NOT CONSIDERED AS TRAVEL IN COMPLIANCE WITH YOUR ORDERS SO AS TO WARRANT PAYMENT SINCE SUCH ORDERS DIRECTED THAT YOU REPORT AT ORLEANS NOT LATER THAN APRIL 25, 1952. YOU REFER TO AUTHORITY FOR EMERGENCY LEAVE AS EXPLANATION FOR YOUR LATE REPORTING UNDER THE ORDERS, AND IN THAT CONNECTION THERE HAS BEEN RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL, MILITARY PERSONNEL RECORDS CENTER, ST. LOUIS, MISSOURI, COPY OF A DEPARTMENT OF THE AIR FORCE MESSAGE DATED APRIL 9, 1952, STATING THAT YOU WERE GRANTED 30 DAYS' EMERGENCY LEAVE COMMENCING APRIL 10, 1952. IN SUCH CIRCUMSTANCES YOUR TRAVEL FROM NEWBURY TO ORLEANS ON MAY 8 AND 9, 1952, WILL BE CONSIDERED AS HAVING BEEN PERFORMED IN COMPLIANCE WITH THE ORDERS OF MARCH 14, 1952.

IT IS NOTED THAT YOUR CLAIM INCLUDES AN ITEM OF $28 STATED TO BE THE FARE PAID FOR FERRY SERVICE FROM DOVER, ENGLAND, TO CALAIS, FRANCE, PRESUMABLY CLAIMED UNDER THE PROVISIONS OF PARAGRAPH 4400-12 OF THE JOINT TRAVEL REGULATIONS. IT CONSISTENTLY HAS BEEN HELD THAT UNDER STATUTES AUTHORIZING REIMBURSEMENT FOR OFFICIAL TRAVEL ON A MILEAGE BASIS UNDER SUCH MILEAGE ALLOWANCE CONSTITUTES A COMMUTATION OF ALL TRANSPORTATION EXPENSES, INCLUDING FERRY RATES, AND BRIDGE, ROAD, AND TUNNEL TOLLS. THEREFORE, IN THE ABSENCE OF EXPRESS STATUTORY PROVISION, AS IN THE CASE OF CIVILIAN EMPLOYEES OF THE GOVERNMENT PERFORMING OFFICIAL TRAVEL, FOR THE PAYMENT OF SUCH FARES AND TOLLS IN ADDITION TO MILEAGE, THE ITEM OF $28 PAID BY YOU FOR TRANSPORTATION OF YOURSELF AND YOUR AUTOMOBILE ACROSS THE ENGLISH CHANNEL MAY NOT BE REIMBURSED TO YOU AS A FERRY FARE AS PURPORTEDLY AUTHORIZED BY PARAGRAPH 44-12, JOINT TRAVEL REGULATIONS. FURTHERMORE, INSOFAR AS THE ENGLISH CHANNEL IS CONCERNED, IT MAY BE HELD THAT, SINCE THE VESSELS PLYING THE CHANNEL PROPERLY MAY NOT BE CONSIDERED FERRIES, THE CHARGE FOR CROSSING THE CHANNEL MAY NOT BE TREATED AS A FERRY FARE IN ANY EVENT. HENCE, TO THE EXTENT THAT SUCH CHARGE REPRESENTS THE COST OF TRANSPORTING YOUR AUTOMOBILE IT IS A COMMERCIAL WATER FREIGHT CHARGE FOR TRANSPORTING A PRIVATELY OWNED AUTOMOBILE AND, AS SUCH, IS NOT REIMBURSABLE FROM PUBLIC FUNDS.

IN THE ABSENCE OF EVIDENCE ESTABLISHING THE COST TO YOU FOR YOUR PERSONAL PASSAGE ACROSS THE ENGLISH CHANNEL YOUR CLAIM MAY BE ALLOWED ONLY IN THE AMOUNT FOUND DUE YOU AS PER DIEM AND MILEAGE. A SETTLEMENT COMPUTED ON SUCH BASIS WILL ISSUE IN DUE COURSE.