B-127352, MAY 23, 1956

B-127352: May 23, 1956

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SECRETARY: REFERENCE IS MADE TO LETTER OF MARCH 14. IF THE JOINT TRAVEL REGULATIONS WERE AMENDED TO SO PROVIDE. WHO ARE APPLICANTS FOR APPOINTMENT TO ONE OF THE SERVICE ACADEMIES AND WHO MUST NECESSARILY PERFORM TRAVEL IN CONNECTION WITH TAKING ENTRANCE EXAMINATIONS. *** SHALL BE ENTITLED TO RECEIVE SUCH TRAVEL AND TRANSPORTATION ALLOWANCES AS ARE PROVIDED IN SUBSECTION (A) OF THIS SECTION. THERE IS NOTHING. YOUR QUESTION IS ANSWERED ACCORDINGLY.

B-127352, MAY 23, 1956

PRECIS-UNAVAILABLE

MR. SECRETARY:

REFERENCE IS MADE TO LETTER OF MARCH 14, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING A DECISION AS TO WHETHER, IF THE JOINT TRAVEL REGULATIONS WERE AMENDED TO SO PROVIDE, WE WOULD BE REQUIRED TO OBJECT TO PAYMENT OF TRANSPORTATION AND TRAVEL ALLOWANCES, OR TO THE FURNISHING OF TRANSPORTATION, TO PERSONS, OTHER THAN MEMBERS OF THE UNIFORMED SERVICES, WHO ARE APPLICANTS FOR APPOINTMENT TO ONE OF THE SERVICE ACADEMIES AND WHO MUST NECESSARILY PERFORM TRAVEL IN CONNECTION WITH TAKING ENTRANCE EXAMINATIONS.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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, WITHIN THE LIMITATIONS PRESCRIBED. SUBSECTION 303(A) OF THIS ACT PROVIDES IN PART AS FOLLOWS:

"CADETS OF THE UNITED STATES MILITARY ACADEMY MIDSHIPMEN OF THE UNITED STATES NAVAL ACADEMY, CADETS OF THE UNITED STATES COAST GUARD ACADEMY, APPLICANTS FOR ENLISTMENT, REJECTED APPLICANTS, *** SHALL BE ENTITLED TO RECEIVE SUCH TRAVEL AND TRANSPORTATION ALLOWANCES AS ARE PROVIDED IN SUBSECTION (A) OF THIS SECTION, AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, DUE CONSIDERATION BEING GIVEN TO THE RIGHTS OF THE GOVERNMENT AS WELL AS THOSE OF THE INDIVIDUAL IN THE PROMULGATION OF REGULATIONS PRESCRIBING SAID ALLOWANCES."

THESE STATUTORY PROVISIONS SPECIFICALLY AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSES FOR CADETS, MIDSHIPMEN, APPLICANTS FOR ENLISTMENT, AND REJECTED APPLICANTS FOR ENLISTMENT, WITHIN THE LIMITATIONS PRESCRIBED. THERE IS NOTHING, HOWEVER, IN THE LANGUAGE OF THE STATUTE, OR IN ITS LEGISLATIVE HISTORY, WHICH MAY BE CONSTRUED AS AUTHORIZING OR CONTEMPLATING TRANSPORTATION AT GOVERNMENT EXPENSE FOR INDIVIDUALS WHO PERFORM TRAVEL IN A CIVILIAN STATUS IN CONNECTION WITH TAKING ENTRANCE EXAMINATIONS FOR ADMISSION TO ONE OF THE SERVICE ACADEMIES. HENCE, THERE APPEARS TO BE NO STATUTORY BASIS FOR THE PROPOSED CHANGE IN THE JOINT TRAVEL REGULATIONS. YOUR QUESTION IS ANSWERED ACCORDINGLY.