B-121676, DEC 10, 1954

B-121676: Dec 10, 1954

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PEYTON: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23. WAS TRANSFERRED FROM ORLANDO AIR FORCE BASE. THAT YOU WERE A MEMBER OF THAT COMPANY ON TEMPORARY DUTY WITH THE COMMANDING GENERAL. YOU WERE RELEASED FROM ATTACHMENT AT PEPPERRELL AIR FORCE BASE AND DIRECTED TO PROCEED TO ORLANDO AIR FORCE BASE. TEN DAYS' DELAY EN ROUTE CHARGEABLE TO LEAVE ALSO WAS AUTHORIZED. WERE AMENDED TO CONFIRM THE COMMANDING GENERAL'S VERBAL ORDERS OF JULY 19. IT BEING STATED THAT GOVERNMENT TRANSPORTATION WAS AVAILBLE FOR OCEAN TRAVEL AND THAT THE TRAVEL TO ORLANDO AIR FORCE BASE APPARENTLY WAS FOR YOUR OWN CONVENIENCE. YOU CONTEND THAT THOSE STATEMENTS DO NOT APPLY TO THE TRAVEL WHICH WAS PERFORMED. ARMY REGULATIONS 55-117 PROVIDE (PARAGRAPH 1) THAT ALL ORDERS OR TRAVEL INSTRUCTIONS WHICH AUTHORIZE A CHOICE BETWEEN MORE THAN ONE MODE OF TRANSPORTATION WILL BE INTERPRETED IN ACCORDANCE WITH THOSE REGULATIONS.

B-121676, DEC 10, 1954

PRECIS-UNAVAILABLE

MR. ROBERT H. PEYTON:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 3, 1954, WHICH ALLOWED $21.66 AS TRAVEL ALLOWANCE FOR YOUR TRAVEL FROM PEPPERRELL AIR FORCE BASE, ST. JOHNS, NEWFOUNDLAND, TO WOLTERS AIR FORCE BASE, TEXAS.

THE RECORD SHOWS THAT BY MOVEMENT ORDER DATED MARCH 22, 1952, AS AMENDED APRIL 16, 1952, HEADQUARTERS AND HEADQUARTERS COMPANY, 498 ENGINEER AVIATION BRIGADE, WAS TRANSFERRED FROM ORLANDO AIR FORCE BASE, FLORIDA, TO WOLTERS AIR FORCE BASE, TEXAS, AND THAT YOU WERE A MEMBER OF THAT COMPANY ON TEMPORARY DUTY WITH THE COMMANDING GENERAL, NORTHEAST AIR COMMAND, PEPPERRELL AIR FORCE BASE, NEWFOUNDLAND.

BY PARAGRAPH 2, SPECIAL ORDER NO. 139, DATED JULY 14, 1952, YOU WERE RELEASED FROM ATTACHMENT AT PEPPERRELL AIR FORCE BASE AND DIRECTED TO PROCEED TO ORLANDO AIR FORCE BASE, FLORIDA, ON OR ABOUT JULY 19, 1952, TRAVEL BY MILITARY OR COMMERCIAL AIRCRAFT, RAIL, BUS, PRIVATELY OWNED AUTOMOBILE, AND GOVERNMENT WATER TRANSPORTATION BEING AUTHORIZED. TEN DAYS' DELAY EN ROUTE CHARGEABLE TO LEAVE ALSO WAS AUTHORIZED. PARAGRAPHS 6 AND 7, SPECIAL ORDER NO. 207, OCTOBER 26, 1953, THE ORDERS OF JULY 14, 1952, WERE AMENDED TO CONFIRM THE COMMANDING GENERAL'S VERBAL ORDERS OF JULY 19, 1952, DIRECTING YOU TO PROCEED TO WOLTERS AIR FORCE BASE, TEXAS, INSTEAD OF ORLANDO AIR FORCE BASE, FLORIDA. YOU TRAVELED FROM PEPPERRELL AIR FORCE BASE TO MONTREAL, CANADA, BY COMMERICAL AIR, THENCE TO WOLTERS AIR FORCE BASE VIA ORLANDO AIR FORCE BASE BY PRIVATELY OWNED AUTOMOBILE, JULY 15 TO AUGUST 1, 1952. THE AMOUNT ALLOWED BY THE SETTLEMENT REPRESENTS TRAVEL ALLOWANCE FOR TRAVEL FROM NEW YORK, NEW YORK, TO WOLTERS AIR FORCE BASE, TEXAS, LESS THE AMOUNT PREVIOUSLY PAID AS MILEAGE FOR TRAVEL FROM ORLANDO AIR FORCE BASE TO WOLTERS AIR FORCE BASE, IT BEING STATED THAT GOVERNMENT TRANSPORTATION WAS AVAILBLE FOR OCEAN TRAVEL AND THAT THE TRAVEL TO ORLANDO AIR FORCE BASE APPARENTLY WAS FOR YOUR OWN CONVENIENCE. YOU CONTEND THAT THOSE STATEMENTS DO NOT APPLY TO THE TRAVEL WHICH WAS PERFORMED.

ARMY REGULATIONS 55-117 PROVIDE (PARAGRAPH 1) THAT ALL ORDERS OR TRAVEL INSTRUCTIONS WHICH AUTHORIZE A CHOICE BETWEEN MORE THAN ONE MODE OF TRANSPORTATION WILL BE INTERPRETED IN ACCORDANCE WITH THOSE REGULATIONS; THAT IT IS INTENDED THAT GOVERNMENT TRANSPORTATION BE USED WHEN IT IS AVAILABLE AND MEETS THE REQUIREMENTS OF THE SERVICES, AND THAT (PARAGRAPH 3) THE AVAILABILITY OF GOVERNMENT TRANSPORTATION WILL BE DETERMINED BY CONSIDERING TIME, SUITABILITY OR ADEQUACY, AND THE FACTS RELATING TO SPECIFIC CASES. IN YOUR CASE THE CHIEF OF TRANSPORTATION ADVISED THIS OFFICE THAT MILITARY SEA TRANSPORTATION SERVICE WAS AVAILABLE FOR YOUR TRAVEL FROM ST. JOHNS, NEWFOUNDLAND, TO NEW YORK, NEW YORK, ON JULY 17, AUGUST 1 AND 7, 1952. HENCE, TRAVEL ALLOWANCES MAY NOT BE COMPUTED ON THE BASIS OF TRAVEL BY A DIFFERENT ROUTE.

WITH RESPECT TO YOUR TRAVEL TO ORLANDO AIR FORCE BASE, YOUR ITINERARY SHOWS THAT YOU ARRIVED AT ORLANDO AIR FORCE BASE AT 7 P.M. ON JULY 23, 1952, AND DEPARTED FOR WOLTERS AIR FORCE BASE AT 8 A.M. THE NEXT DAY, THUS INDICATING THAT YOU WERE AWARE OF THE VERBAL ORDERS AMENDING YOUR ORIGINAL ORDERS, AND BY LETTER OF MAY 7, 1953, YOU ADVISED THIS OFFICE THAT YOU TRAVELED TO ORLANDO TO PICK UP YOUR HOUSEHOLD EFFECTS. UNDER SUCH CIRCUMSTANCES TRAVEL TO ORLANDO MUST BE CONSIDERED TO HAVE BEEN FOR PERSONAL REASONS. THUS, SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL FROM YOUR TEMPORARY STATION TO NEW YORK, NEW YORK, AND SINCE YOUR TRAVEL TO ORLANDO AIR FORCE BASE, A POINT OTHER THAN YOUR STATION, MUST BE REGARDED ON THE PRESENT RECORD AS TRAVEL FOR YOUR OWN CONVENIENCE, THERE IS NO BASIS FOR PAYMENT OF TRAVEL ALLOWANCES OTHER THAN FROM NEW YORK, NEW YORK, TO WOLTERS AIR FORCE BASE, TEXAS. ON THAT BASIS IT APPEARS THAT YOU WERE ALLOWED THE PROPER AMOUNT IN THE SETTLEMENT OF AUGUST 3, 1954 AND THE SETTLEMENT IS SUSTAINED.