B-126236, MAR. 8, 1956

B-126236, MAR. 8, 1956

TO COLONEL HAROLD F. WILSON, USAF:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF NOVEMBER 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE DISTANCE FROM NEWCASTLE, ENGLAND, TO LONDON, ENGLAND, AND FOR PER DIEM FOR THE PERIOD FROM DECEMBER 21 TO 28, 1954, WHILE AT LONDON INCIDENT TO YOUR TRAVEL UNDER ORDERS DATED NOVEMBER 19, 1954, AND DECEMBER 28, 1954.

UNDER THE ORDERS OF NOVEMBER 19, 1954, YOU WERE RELIEVED OF DUTY ASSIGNMENT AT OSLO, NORWAY, AND ASSIGNED TO A PERSONNEL PROCESSING SQUADRON AT SHAFTSBURY, ENGLAND, WHERE YOU WERE TO REPORT NOT LATER THAN DECEMBER 20, 1954, FOR TRANSPORTATION ON THE S.S. AMERICA TO THE UNITED STATES FOR FURTHER ASSIGNMENT TO DUTY AT SHAW AIR FORCE BASE, SOUTH CAROLINA. THIRTY DAYS' DELAY EN ROUTE WAS AUTHORIZED CHARGEABLE AS LEAVE. MOVEMENT OF YOUR DEPENDENTS WAS AUTHORIZED AND IT WAS DIRECTED THAT THEY ALSO REPORT AT SHAFTSBURY NOT LATER THAN DECEMBER 20 FOR FURTHER MOVEMENT TO THE UNITED STATES. IT WAS STATED THAT TRANSPORTATION REQUESTS WERE REQUIRED FOR YOUR RAIL TRAVEL AND THAT REIMBURSEMENT FOR RAIL TRAVEL WAS NOT AUTHORIZED. TRAVEL BY COMMERCIAL AIR FROM OSLO TO NEWCASTLE BY COMMERCIAL BOAT DURING THE PERIOD DECEMBER 8 TO 10 AND THAT YOU TRAVELED FROM NEWCASTLE TO LONDON BY RAIL AT PERSONAL EXPENSE ON DECEMBER 10. YOU STATE THAT SINCE YOUR SON DOUGLAS HAD CONTRACTED CHICKENPOX, UNITED KINGDOM QUARANTINE LAWS PREVENTED HIS BOARDING THE S.S. AMERICA ON HER SAILING DATE, DECEMBER 20. YOUR WIFE AND THREE OF YOUR SONS SAILED ON THE S.S. AMERICA AND YOU REMAINED IN LONDON WITH DOUGLAS. UNDER THE ORDERS OF DECEMBER 28, 1954, YOU WERE RELIEVED OF YOUR ASSIGNMENT WITH THE PERSONNEL PROCESSING SQUADRON TO WHICH PREVIOUSLY ASSIGNED, ASSIGNED TO DUTY AT THE SHAW AIR FORCE BASE, AND DIRECTED TO PROCEED TO THAT STATION. CONCURRENT TRAVEL WITH YOUR SON DOUGLAS WAS AUTHORIZED AND YOU WERE AUTHORIZED TO TRAVEL BY MILITARY AIRCRAFT. YOU AND DOUGLAS TRAVELED BY RAIL FROM LONDON TO PRESTWICK, SCOTLAND, ON DECEMBER 28 AND 29, AND FROM PRESTWICK TO NEW YORK, NEW YORK, BY MILITARY AIRCRAFT ON DECEMBER 29 AND 30. YOU REPORTED AT THE SHAW AIR FORCE BASE ON JANUARY 25, 1955.

THE PAYMENT TO MILITARY PERSONNEL OF TRAVEL AND TRANSPORTATION ALLOWANCES IS AUTHORIZED ONLY FOR PERIODS WHILE ACTUALLY IN A "TRAVEL STATUS.' THAT STATUS ARISES WHERE TRAVEL IS PERFORMED AWAY FROM THE PERMANENT STATION ON PUBLIC BUSINESS PURSUANT TO COMPETENT TRAVEL ORDERS, AND INCLUDES NECESSARY DELAYS EN ROUTE INCIDENT TO THE MODE OF TRANSPORTATION USED (INCLUDING NECESSARY DELAYS WHILE AWAITING FURTHER TRANSPORTATION) AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. SEE PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS. SUCH ALLOWANCES DO NOT ACCRUE DURING PERIODS OF LEAVE OF ABSENCE FROM THE PERFORMANCE OF DUTY OR INCIDENT TO TRAVEL OR DELAYS IN TRAVEL OCCASIONED BY PERSONAL CONSIDERATIONS AND NOT ARISING AS A REQUIRED INCIDENT OF THE PERFORMANCE OF PUBLIC BUSINESS.

YOU HAVE INDICATED THAT THE DELAY IN LONDON COMMENCING ON DECEMBER 10 WAS A DELAY AWAITING TRANSPORTATION. THAT SUCH DELAY WAS NOT A NECESSARY INCIDENT OF COMPLIANCE WITH THE ORDERS SEEMS EVIDENT, HOWEVER, WHEN IT IS CONSIDERED THAT SUCH ORDERS DESIGNATED THE SAILING DATE OF THE VESSEL ON WHICH YOU HAD PASSAGE AND SPECIFIED THAT YOU SHOULD PROCEED TO SHAFTSBURY FOR THAT TRANSPORTATION. NO TRAVEL WAS REQUIRED UNDER THOSE ORDERS UNTIL SUCH TIME AS IT WAS NECESSARY TO LEAVE OSLO IN ORDER TO ARRIVE AT SHAFTSBURY TO PREPARE FOR SAILING. SEE PARAGRAPH 4250-7, JOINT TRAVEL REGULATIONS, DATED SEPTEMBER 1, 1954. NO DELAY WAS PRESCRIBED AT LONDON AND NO TEMPORARY DUTY WAS DIRECTED FOR PERFORMANCE THERE. IT MUST BE CONSIDERED, THEREFORE, THAT YOUR DELAY AT LONDON COMMENCING ON DECEMBER 10 RESULTED FROM YOUR EARLY DEPARTURE FROM OSLO FOR PERSONAL REASONS AND NOT UNDER CIRCUMSTANCES WHICH WOULD WARRANT A CONSIDERATION THAT YOU WERE IN A TRAVEL STATUS FOR PER DIEM PURPOSES. THE FURTHER DELAY DURING THE PERIOD FROM DECEMBER 20 TO 28 WAS OCCASIONED BECAUSE OF YOUR SON'S ILLNESS RATHER THAN AS A NECESSARY INCIDENT TO THE PERFORMANCE OF PUBLIC BUSINESS AND SO MUST BE CONSIDERED AS ALSO CONSTITUTING A DELAY FOR PERSONAL REASONS FOR WHICH THE PAYMENT OF PER DIEM IS NOT AUTHORIZED. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF THE PER DIEM CLAIMED FOR THAT PERIOD.

SINCE TRANSPORTATION REQUESTS WERE NOT OBTAINED FOR THE RAIL TRAVEL FROM NEWCASTLE TO LONDON, IT APPEARS THAT YOU ARE ENTITLED TO MILEAGE BETWEEN THOSE POINTS UNDER THE PROVISIONS OF PARAGRAPH 4203A OF THE JOINT TRAVEL REGULATIONS, MADE APPLICABLE BY PARAGRAPH 4251-1 OF THOSE REGULATIONS. HOWEVER, SINCE YOU WERE ERRONEOUSLY PAID PER DIEM FOR THE PERIOD DECEMBER 10 TO 20 WHILE AT LONDON ON VOUCHER NO. 12423, JANUARY 1955 ACCOUNTS OF MAJOR JOHN W. CRUMRINE, USAF, IN AN AMOUNT EXCEEDING THAT TO WHICH YOU ARE ENTITLED FOR THE MILEAGE NOW FOUND DUE, NO ALLOWANCE CAN PROPERLY BE MADE ON YOUR CLAIM.