B-127225, JUL. 6, 1956

B-127225, JUL. 6, 1956

TO MAJOR G. PRANKA, DISBURSING OFFICER, F.G., UNITED STATES ARMY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1956, FORWARDED HERE WITH ENCLOSURES BY FIRST INDORSEMENT OF MARCH 6, 1956, FROM THE OFFICE OF THE CHIEF OF FINANCE AND REQUESTING DECISION WHETHER, IN THE CIRCUMSTANCES SHOWN, PAYMENT IS AUTHORIZED OF THE TRANSPORTATION EXPENSES WHICH ARE SET FORTH IN A VOUCHER STATED IN FAVOR OF LIEUTENANT COLONEL JOHN A. BROOKS, JR.

A COPY OF LETTER ORDERS NO. 13, ISSUED JANUARY 13, 1956, BY THE CHIEF, OFFICE OF THE INSPECTOR GENERAL, CHICAGO FIELD OFFICE, DEPARTMENT OF THE ARMY, ATTACHED TO THE VOUCHER, DISCLOSES THAT COLONEL BROOKS WAS DIRECTED TO PROCEED FROM HIS PERMANENT DUTY STATION AT CHICAGO, ILLINOIS, ON OR ABOUT JANUARY 16, 1956, ON TEMPORARY DUTY TO JOLIET, ILLINOIS, AND ALSO TO NEWPORT, INDIANA. THE PERIOD OF TEMPORARY DUTY PRESCRIBED WAS TO COVER APPROXIMATELY 12 DAYS, UPON THE COMPLETION OF WHICH COLONEL BROOKS WAS DIRECTED TO RETURN TO HIS PERMANENT POST OF DUTY IN CHICAGO.

THE ITINERARY OUTLINED ON THE VOUCHER SHOWS, IN PERTINENT PART, THAT COLONEL BROOKS DEPARTED FROM CHICAGO AT 0900 ON THURSDAY, JANUARY 19, 1956, TRAVELING BY RAILROAD TO DANVILLE, ILLINOIS, ON A GOVERNMENT TRANSPORTATION REQUEST AND FROM THAT POINT BY GOVERNMENT AUTOMOBILE TO NEWPORT, INDIANA, ARRIVING THERE AT 1210 THE SAME DAY. ON THE NEXT DAY, FRIDAY, JANUARY 20, 1956, AND FOR PERSONAL REASONS, THE OFFICER RETURNED TO CHICAGO, ILLINOIS, LEAVING NEWPORT, INDIANA, AT 1530, PROCEEDING BY GOVERNMENT AUTOMOBILE TO DANVILLE, ILLINOIS, AND FROM THAT POINT BY RAIL TRANSPORTATION AT HIS OWN EXPENSE TO CHICAGO. HE THEN RETURNED TO NEWPORT, INDIANA, ON MONDAY, JANUARY 23, 1956, DEPARTING FROM CHICAGO AT 0900 AND TRAVELING AT HIS OWN EXPENSE BY RAIL TO DANVILLE, ILLINOIS, AND THENCE BY GOVERNMENT AUTOMOBILE TO NEWPORT, INDIANA, ARRIVING AT THE LATTER PLACE AT 1210, JANUARY 23, 1956. THE TEMPORARY DUTY AT NEWPORT, INDIANA, APPEARS TO HAVE BEEN COMPLETED BY THE OFFICER ON FRIDAY, JANUARY 27, 1956. THE ITINERARY WITH RESPECT TO THE HOUR OF HIS DEPARTURE FROM NEWPORT, INDIANA, THE TIME OF HIS ARRIVAL AT CHICAGO AND THE MODE OF TRANSPORTATION USED BY HIM BETWEEN THOSE POINTS ON FRIDAY, JANUARY 27, 1956 IS IDENTICAL WITH THAT COVERING THE TRIP WHICH HE PERFORMED BETWEEN THOSE TWO POINTS ON THE PRECEDING FRIDAY, JANUARY 20, 1956, EXCEPT THAT RAIL TRAVEL BETWEEN DANVILLE AND CHICAGO, ILLINOIS, WAS ON A GOVERNMENT TRANSPORTATION REQUEST.

COLONEL BROOKS WAS PAID THE SUM OF $77.19 ON VOUCHER NO. 11400, FEBRUARY 1956 ACCOUNTS OF MAJOR G. PRANKA, REPRESENTING A PER DIEM ALLOWANCE PLUS REIMBURSEMENT FOR AUTHORIZED EXPENSES OF TRANSPORTATION INCURRED BY HIM FOR THE TRAVEL AND TEMPORARY DUTY HE WAS REQUIRED TO PERFORM ON PUBLIC BUSINESS UNDER LETTER ORDERS OF JANUARY 13, 1956. A FURTHER SUM OF $9.94, ALSO CLAIMED BY HIM ON VOUCHER NO. 11400, WAS ADMINISTRATIVELY DEDUCTED AND NOW IS BEING RECLAIMED ON THE VOUCHER WHICH YOU HAVE SUBMITTED FOR AN ADVANCE DECISION. THE AMOUNT OF $9.94 IS STATED TO REPRESENT THE COST TO THE OFFICER OF HIS ROUND TRIP RAIL FARE, $6.22, BETWEEN DANVILLE AND CHICAGO, ILLINOIS, PLUS TAXICAB EXPENSE, $2.75, A REDCAP FEE OF ?25 AND COMMUTATION FARES IN THE AMOUNT OF ?72, THESE EXPENSES HAVING BEEN INCURRED BY HIM ON THE WEEKEND ROUND TRIP WHICH HE PERFORMED BETWEEN HIS TEMPORARY POST OF DUTY A NEWPORT, INDIANA, AND HIS PERMANENT DUTY STATION IN CHICAGO, ILLINOIS, DURING THE WEEKEND PERIOD FROM 1530, FRIDAY, JANUARY 20, 1956, TO 1210, MONDAY, JANUARY 23, 1956. THESE TRANSPORTATION EXPENSES, AMOUNTING TO $9.94, ARE BEING RECLAIMED BY COLONEL BROOKS ON THE BASIS THAT A SAVINGS IN HIS PER DIEM ALLOWANCE UNDER THE TEMPORARY DUTY ORDERS OF JANUARY 13, 1956, HAS ACCRUED TO THE GOVERNMENT DUE TO THE FACT THAT NO PER DIEM IS CLAIMED BY HIM FOR THE PERIOD OF HIS ABSENCE FROM HIS TEMPORARY DUTY STATION AT NEWPORT, INDIANA.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253/A), IN PERTINENT PART, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY REGARDLESS OF THE LENGTH OF TIME AWAY FROM SUCH DESIGNATED POSTS OF DUTY. THE JOINT TRAVEL REGULATIONS WHICH WERE PROMULGATED UNDER AUTHORITY OF SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, DEFINE, IN PARAGRAPH 1150-10, THE TERM "PERMANENT DUTY STATION.' PARAGRAPH 3050-1 OF THE CITED REGULATIONS IT IS PROVIDED THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED IN SUCH REGULATIONS ONLY WHILE ACTUALLY IN A TRAVEL STATUS AND THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE "PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' UNDER AUTHORITY OF PARAGRAPH 3050-2, A TRAVEL STATUS COMMENCES WITH DEPARTURE FROM PERMANENT DUTY STATION AND INCLUDES, INSOFAR AS HEREIN PERTINENT, TRAVEL IN CONNECTION WITH NECESSARY TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY, INCLUDING TIME SPENT AT A TEMPORARY DUTY STATION OR A TEMPORARY ADDITIONAL DUTY STATION WITHOUT REGARD TO WHETHER DUTY IS REQUIRED TO BE PERFORMED WHILE TRAVELING AND WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM PERMANENT DUTY STATION. PARAGRAPH 3050-3, IN PERTINENT PART, EXPRESSLY PROVIDES THAT A TRAVEL STATUS WILL TERMINATE WITH RETURN TO THE PERMANENT DUTY STATION AND PARAGRAPH 3000-1 PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. THUS, UNDER THE JOINT TRAVEL REGULATIONS THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED BY SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949 ACCRUE ONLY TO MEMBERS OF THE UNIFORMED SERVICES WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION UPON PUBLIC BUSINESS AND PURSUANT TO COMPETENT TRAVEL ORDERS. THESE PROVISIONS ARE FOUNDED UPON THE WELL ESTABLISHED RULE THAT THERE IS NO AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF ANY EXPENSES OF TRAVEL WHICH IS NOT PERFORMED ON PUBLIC BUSINESS. COMPARE PERRIMOND V. UNITED STATES, 19 C.CLS. 509.

THE SPECIFIC MILITARY DUTY DIRECTED IN THE LETTER ORDERS OF JANUARY 13, 1956, IN ADDITION TO THAT WHICH WAS PERFORMED BY COLONEL BROOKS AT JOLIET, ILLINOIS, WAS THE TEMPORARY DUTY HE WAS DIRECTED TO PERFORM AT NEWPORT, INDIANA, AND ONE ROUND TRIP INCIDENT THERETO FROM CHICAGO TO NEWPORT, AND RETURN TO CHICAGO. NO OTHER OFFICIAL TRAVEL UPON PUBLIC BUSINESS WAS DIRECTED OR REQUIRED UNDER THOSE ORDERS. IT IS CLEAR, THEREFORE, THAT THE TRAVEL WHICH COLONEL BROOKS PERFORMED DURING THE WEEKEND PERIOD FROM 1530, FRIDAY, JANUARY 20, 1956, TO 1210, MONDAY, JANUARY 23, 1956, WAS NOT TRAVEL ON PUBLIC BUSINESS UNDER COMPETENT ORDERS. HENCE, NO RIGHT TO REIMBURSEMENT FOR ANY PART OF THE TRAVEL EXPENSES CLAIMED ACCRUED TO COLONEL BROOKS, NOTWITHSTANDING THE FACT THAT ENTITLEMENT TO A GREATER AMOUNT MIGHT HAVE ACCRUED TO HIM UNDER THE ORDERS IN DIFFERENT CIRCUMSTANCES.