B-122402, APR 7, 1955

B-122402: Apr 7, 1955

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CHAN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. YOU WERE RELEASED FROM DUTY AT NEUBIBERG AIR BASE. THE ORDERS WERE FURTHER AMENDED TO INCLUDE THE SYMBOL "TPA. " INDICATING THAT TRAVEL BY PRIVATELY OWNED VEHICLE WAS AUTHORIZED. PER DIEM FOR YOUR TRAVEL FROM NEUBIBERG TO LEGHORN WAS COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL BY RAIL. WERE UNNECESSARY. THAT YOU ARE ENTITLED TO ADDITIONAL PER DIEM BASED ON ACTUAL TRAVEL TIME. PROVIDES THAT WHEN TRAVEL ORDERS SPECIFICALLY STATE THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE IS MORE ADVANTAGEOUS TO THE GOVERNMENT. PER DIEM ALLOWANCES ARE PAYABLE FOR THE ACTUAL TIME NECESSARY TO PERFORM DIRECTED TRAVEL. THE PERIOD FOR WHICH PER DIEM ALLOWANCES ARE PAYABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE WILL BE DETERMINED IN ACCORDANCE WITH PARAGRAPH 4204-5 OF THOSE REGULATIONS.

B-122402, APR 7, 1955

PRECIS-UNAVAILABLE

MR. ALBERT G. CHAN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 20, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM FOR YOUR TRAVEL FROM NEUBIBERG, GERMANY, TO LEGHORN, ITALY, WHILE SERVING AS SECOND LIEUTENANT, UNITED STATES AIR FORCE.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 147, JULY 13, 1953, HEADQUARTERS, 1037TH USAF AUDITOR GENERAL SQUADRON, 1030TH USAF AUDITOR GENERAL GROUP, AS AMENDED BY PARAGRAPH 1, SPECIAL ORDERS NO. 158, JULY 26, 1953, SAME HEADQUARTERS, YOU WERE RELEASED FROM DUTY AT NEUBIBERG AIR BASE, GERMANY, AND ASSIGNED TO WHEELUS FIELD, TRIPOLI, LIBYA, FOR DUTY, IT BEING PROVIDED THAT YOU WOULD PROCEED ON OR ABOUT AUGUST 1, 1953, TO LEGHORN, ITALY, "FOR PUR OF DEL OF POV FOR SHIPMENT TO WHEELUS FIELD, TRIPOLI, LIBYA." YOU TRAVELED FROM NEUBIBERG TO LEGHORN BY PRIVATELY OWNED VEHICLE JULY 31 TO AUGUST 5, 1953; THENCE TO ROME, ITALY, BY RAIL AND FROM THE LATTER POINT TO WHEELUS FIELD BY GOVERNMENT PLANE. BY PARAGRAPH 3, SPECIAL ORDERS NO. 183, AUGUST 28, 1953, THE ORDERS WERE FURTHER AMENDED TO INCLUDE THE SYMBOL "TPA," INDICATING THAT TRAVEL BY PRIVATELY OWNED VEHICLE WAS AUTHORIZED. PER DIEM FOR YOUR TRAVEL FROM NEUBIBERG TO LEGHORN WAS COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL BY RAIL. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT THE AMENDATORY ORDERS OF JULY 26, 1953, AUTHORIZED TRAVEL BY PRIVATELY OWNED VEHICLE; THAT YOU TRAVELED UNDER THOSE ORDERS; THAT THE SUBSEQUENT ORDERS OF AUGUST 28, 1953, WERE UNNECESSARY; AND THAT YOU ARE ENTITLED TO ADDITIONAL PER DIEM BASED ON ACTUAL TRAVEL TIME.

PARAGRAPH 4253-6, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN TRAVEL ORDERS SPECIFICALLY STATE THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE IS MORE ADVANTAGEOUS TO THE GOVERNMENT, PER DIEM ALLOWANCES ARE PAYABLE FOR THE ACTUAL TIME NECESSARY TO PERFORM DIRECTED TRAVEL, AND THAT WHEN THE ORDERS DO NOT CONTAIN SUCH STATEMENT, THE PERIOD FOR WHICH PER DIEM ALLOWANCES ARE PAYABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE WILL BE DETERMINED IN ACCORDANCE WITH PARAGRAPH 4204-5 OF THOSE REGULATIONS. THE LATTER PARAGRAPH PROVIDES THAT WHEN THE ORDERS DO NOT STATE THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE IS MORE ADVANTAGEOUS TO THE GOVERNMENT, THE TOTAL AMOUNT PAYABLE AS PER DIEM SHALL NOT EXCEED THAT PAYABLE FOR CONSTRUCTIVE TRAVEL BY COMMON CARRIER OVER THE OFFICIAL ROUTE.

IT SEEMS CLEAR THAT THE ORDERS OF JULY 13, 1953, AS AMENDED BY THE ORDERS OF JULY 26, 1953, AUTHORIZED YOU TO PROCEED FROM NEUBIBERG TO LEGHORN BY PRIVATELY OWNED VEHICLE FOR THE PURPOSE OF DELIVERING THE VEHICLE AT THE LATTER PLACE FOR SHIPMENT TO WHEELUS FIELD BUT THOSE ORDERS DID NOT SPECIFICALLY STATE THAT TRAVEL BY THAT MEANS WOULD BE MORE ADVANTAGEOUS TO THE GOVERNMENT. IN SUCH CIRCUMSTANCES, YOU WERE ENTITLED TO PER DIEM BASED ON CONSTRUCTIVE TRAVEL BY COMMON CARRIER - WHICH HAS BEEN PAID TO YOU. THERE IS NO LEGAL BASIS FOR THE PAYMENT OF ADDITIONAL PER DIEM FOR YOUR TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 20, 1954, WAS CORRECT AND IS SUSTAINED.