B-119404, MAY 12, 1955

B-119404: May 12, 1955

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USAF: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21. YOU WERE DIRECTED TO PROCEED ON OR ABOUT JUNE 15. UPON THE COMPLETION OF THE TEMPORARY DUTY YOU WERE TO REPORT TO YOUR PROPER ORGANIZATION AND STATION. YOU INDICATE THAT YOU WERE ABSENT FROM YOUR STATION UNDER THE ORDERS DURING THE PERIOD JUNE 14 TO SEPTEMBER 8. THAT YOU HAVE RECEIVED THE PER DIEM ALLOWANCE TO WHICH ENTITLED FOR THAT PERIOD. THE TAXI FARE IN QUESTION WAS FOR TRANSPORTATION FROM THE ANDREWS AIR FORCE BASE TO WASHINGTON. WHICH YOU STATE WAS NECESSARY TO OBTAIN HOTEL ACCOMMODATIONS SINCE YOU FOUND. THAT QUARTERS WERE NOT AVAILABLE AT THAT STATION. THE $40 CHARGES MADE BY THE UNIVERSITY ARE SHOWN ON THE RECEIPT SUBMITTED TO REPRESENT CHARGES OF $15 FOR HOSPITALIZATION AND MEDICAL CARE.

B-119404, MAY 12, 1955

PRECIS-UNAVAILABLE

CAPTAIN RALPH H. PARRY, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1954, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 10, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR A TAXI FARE OF $4.50 FROM ANDREWS AIR FORCE BASE, MARYLAND, TO WASHINGTON, D. C., AND FOR CERTAIN FEES CHARGED YOU AT THE AMERICAN UNIVERSITY OF BELRUT, BELRUT, LEBANON, TOTALING $40, THESE EXPENSES HAVING BEEN INCURRED INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED UNDER ORDERS DATED JUNE 14, 1951, AS AMENDED.

UNDER THESE ORDERS, ISSUED AT YOUR STATION AT THE MOUNTAIN HOME AIR FORCE BASE, IDAHO, YOU WERE DIRECTED TO PROCEED ON OR ABOUT JUNE 15, 1951, ON TEMPORARY DUTY OF APPROXIMATELY EIGHT WEEKS AT THE AMERICAN UNIVERSITY OF BAIRUT TO ATTEND AN ORIENTATION COURSE, REPORTING ON ROUTE AT THE ANDREWS AIR FORCE BASE TO OBTAIN PASSPORT, VISAS, AND IMMUNIZATION. UPON THE COMPLETION OF THE TEMPORARY DUTY YOU WERE TO REPORT TO YOUR PROPER ORGANIZATION AND STATION. YOU INDICATE THAT YOU WERE ABSENT FROM YOUR STATION UNDER THE ORDERS DURING THE PERIOD JUNE 14 TO SEPTEMBER 8, 1951, AND THAT YOU HAVE RECEIVED THE PER DIEM ALLOWANCE TO WHICH ENTITLED FOR THAT PERIOD. THE TAXI FARE IN QUESTION WAS FOR TRANSPORTATION FROM THE ANDREWS AIR FORCE BASE TO WASHINGTON, D. C., WHICH YOU STATE WAS NECESSARY TO OBTAIN HOTEL ACCOMMODATIONS SINCE YOU FOUND, UPON ARRIVAL AT ANDREWS FIELD, THAT QUARTERS WERE NOT AVAILABLE AT THAT STATION. THE $40 CHARGES MADE BY THE UNIVERSITY ARE SHOWN ON THE RECEIPT SUBMITTED TO REPRESENT CHARGES OF $15 FOR HOSPITALIZATION AND MEDICAL CARE, $10 FOR ENTERTAINMENTS, MUSIC AND WEST HALL ACTIVITIES, AND $15 FOR SWIMING AND TENNIS FEES. YOU EXPRESS A BELIEF, HOWEVER, THAT THE BASIS FOR THE CHARGES WAS FICTITIOUS, AND THAT SUCH CHARGES WERE LEVIED TO SUPPLEMENT TUITION CHARGES PREVIOUSLY MADE WHICH WERE CONSIDERED TOO LOW.

OFFICIAL TRAVEL COMMENCES AND ENDS AT THE TRAVELER'S POST OF DUTY, AND THE GOVERNMENT'S OBLIGATION TO FURNISH TRANSPORTATION EXTENTS NO FURTHER THAN FROM AND TO THE STATION IN CONNECTION WITH PERFORMANCE OF OFFICIAL TRAVEL. SEE PARAGRAPH 4400-2 OF THE JOINT TRAVEL REGULATIONS. EXPENSES INCURRED BY MILITARY PERSONNEL FOR TAXI FARES IN EXCESS OF THOSE NECESSARY TO PROCEED FROM THE TERMINAL OF THE TRANSPORTATION FACILITIES USED TO THE DUTY STATION UPON ARRIVAL OR FROM THE DUTY STATION TO THE TERMINAL UPON DEPARTURE ARE CONSIDERED AS PERSONAL OBLIGATIONS NOT CHARGEABLE TO THE GOVERNMENT. 24 COMP. GEN. 763. YOU APPARENTLY RECEIVED REIMBURSEMENT FOR THE TAXI FARE INCURRED IN PROCEEDING TO THE TEMPORARY DUTY STATION AT THE ANDREWS AIR FORCE BASE. THE FARE FOR TRAVEL BACK TO WASHINGTON, EVEN THOUGH TO OBTAIN LEDGINGS, NECESSARILY MUST BE CONSIDERED NOT IN THE PERFOMANCE OF OFFICIAL TRAVEL FOR WHICH REIMBURSEMENT IS AUTHORIZED.

SECTION 303(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE PAYMENT TO MILITARY PERSONNEL ON DUTY OUTSIDE THE UNITED STATES, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM, CONSIDERING ALL ELEMENTS OF COST OF LIVING, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. THE RECEIPT FURNISHED WITH YOUR CLAIM COVERING THE $40 EXPENDITURE STATES THAT PAYMENT WAS FOR HEALTH AND ENTERTAINMENT CHARGES AS INDICATED ABOVE WHICH ARE CLEARLY ITEMS OF A NATURE COVERED BY THE PHRASE "OTHER NECESSARY INCIDENTAL EXPENSES" FOR WHICH THE PER DIEM YOU RECEIVED WAS IN PART AUTHORIZED. IN THAT CONNECTION IT IS NOTED THAT YOU WERE CHARGED THE SUM OF $200 BY THE UNIVERSITY FOR BOARD AND LEDGING FOR THE PERIOD WHILE YOU WERE IN ATTENDANCE THERE. YOU WERE PAID $866.60 FOR TRAVEL EXPENSES INCIDENT TO THE TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD JUNE 15 TO SEPTEMBER 8, 1951, UNDER THE ORDERS OF JUNE 14, 1951, ON VOUCHER NO. 5965, OCTOBER 1951 ACCOUNTS OF LIEUTENANT R. R. SHAULIS, USAF. REPRESENTED IN THAT AMOUNT WAS A PER DIEM ALLOWANCE OF $9 PER DAY FOR THE PERIOD WHILE YOU WERE AT BEIRUT, INVOLVING A TOTAL SUM CONSIDERABLY IN EXCESS OF THE $200 PAID BY YOU TO THE UNIVERSITY FOR BOARD AND LODGING. IT APPEARS, THEREFORE, THAT YOUR PER DIEM ALLOWANCE FOR THAT PERIOD PROVIDED ADEQUATE REIMBURSEMENT NOT ONLY FOR YOUR BOARD AND LODGING REQUIREMENTS BUT ALSO FOR THE INCIDENTAL EXPENSES THAT AROSE BY VIRTUE OF THE PERFORMANCE OF THE ASSIGNED DUTY, INCLUDING THE ITEMS FOR HOSPITALIZATION, ENTERTAINMENT AND SPORTS. CONSEQUENTLY, THERE IS NO BASIS UPON WHICH REIMBURSEMENT FOR THE EXPENSES OF THESE ITEMS MIGHT BE EFFECTED.

REFERRING TO YOUR CLAIM FOR A BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD WHILE YOU WERE ABSENT FROM YOUR STATION AT THE MOUNTAIN HOME AIR FORCE BASE UNDER THE ORDERS OF JUNE 14, 1951, YOU ARE ADVISED THAT UNDER APPLICABLE ADMINISTRATIVE REGULATIONS SUCH ALLOWANCE IS AUTHORIZED FOR PAYMENT TO OFFICERS WITHOUT DEPENDENTS FOR PERIODS WHILE PERFORMING TEMPORARY DUTY AWAY FROM THEIR PERMANENT STATIONS ONLY "IF IN BASIC ALLOWANCE FOR QUARTERS STATUS AND PERMANENT STATION REMAINS UNCHANGED." SEE PARAGRAPH 8, AIR FORCE REGULATION NO. 173-126, DATED MARCH 13, 1951. THE SITUATION THERE ANTICIPATED IS THAT OF OFFICERS WHO WHEN ORDERED TO TEMPORARY DUTY ASSIGNMENTS ACTUALLY HAVE BEEN DRAWING THEIR BASIC QUARTERS ALLOWANCE AT THEIR PERMANENT DUTY STATIONS BY REASON OF NOT HAVING BEEN FURNISHED GOVERNMENT QUARTERS, THE CONTINUATION OF THE ALLOWANCE BEING AUTHORIZED UNDER THOSE CIRCUMSTANCES BECAUSE OF THE NECESSITY FOR THE OFFICERS TO MAINTAIN THEIR PRIVATELY FINANCED QUARTERS DURING THEIR ABSENCE. YOU WERE NOT DRAWING A BASIC ALLOWANCE FOR QUARTERS WHEN ORDERED TO TEMPORARY DUTY UNDER THE ORDERS OF JUNE 14, 1951. WHILE IT IS TRUE THAT YOUR QUARTERS WERE TERMINATED UPON YOUR DEPARTURE FROM THE STATION UNDER THE ORDERS, IT IS APPARENT THAT YOU WERE NOT PUT TO ANY APPRECIABLE EXPENSE TO MAINTAIN QUARTERS AT YOUR PERMANENT STATION DURING THE PERIOD OF YOUR ABSENCE AS ANTICIPATED UNDER THE CITED REGULATIONS. IN SUCH CIRCUMSTANCES THERE EXISTS NO PROPER BASIS FOR THE PAYMENT TO YOU OF A BASIC QUARTERS ALLOWANCE FOR THAT PERIOD.

ACCORDINGLY, YOU ARE ADVISED THAT THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.