B-129300, NOV. 29, 1956
Highlights
USAF: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JULY 17. UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF OCTOBER 17. THE BASIC FACTS OF YOUR CASE ARE THAT YOU WERE ORDERED TO REPORT TO YOUR FIRST DUTY STATION UNDER ORDERS THAT STATED TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AND THAT NO MEAL TICKETS WERE FURNISHED. AFTER THE TRAVEL WAS PERFORMED AN ADMINISTRATIVE CERTIFICATE WAS ISSUED STATING THAT YOUR ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE THROUGH ADMINISTRATIVE ERROR AND THAT IF GOVERNMENT TRANSPORTATION HAD BEEN USED IT WOULD HAVE COST THE GOVERNMENT $45.50. IN THE DECISION MENTIONED ABOVE IT WAS STATED THAT APPLICABLE REGULATIONS PROVIDE THAT MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST DUTY STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS TO FIRST STATION.
B-129300, NOV. 29, 1956
TO AIRMAN SECOND CLASS CELESTINO BARBERO, USAF:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29, 1956, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL FROM ALBUQUERQUE, NEW MEXICO, TO LACKLAND AIR FORCE BASE, TEXAS, DURING THE PERIOD JANUARY 20 TO 25, 1956.
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JULY 17, 1956, AND UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF OCTOBER 17, 1956, B-129300. THE BASIC FACTS OF YOUR CASE ARE THAT YOU WERE ORDERED TO REPORT TO YOUR FIRST DUTY STATION UNDER ORDERS THAT STATED TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AND THAT NO MEAL TICKETS WERE FURNISHED. AFTER THE TRAVEL WAS PERFORMED AN ADMINISTRATIVE CERTIFICATE WAS ISSUED STATING THAT YOUR ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE THROUGH ADMINISTRATIVE ERROR AND THAT IF GOVERNMENT TRANSPORTATION HAD BEEN USED IT WOULD HAVE COST THE GOVERNMENT $45.50. IN THE DECISION MENTIONED ABOVE IT WAS STATED THAT APPLICABLE REGULATIONS PROVIDE THAT MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO FIRST DUTY STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS TO FIRST STATION, NO PROVISION BEING MADE FOR REIMBURSEMENT WHEN TRAVEL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE. IT FURTHER WAS STATED THAT, SINCE TRANSPORTATION IN KIND WAS NOT FURNISHED, REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED IN TRAVELING FROM ALBUQUERQUE TO LACKLAND AIR FORCE BASE COULD BE AUTHORIZED NOT TO EXCEED THE COST TO THE GOVERNMENT HAD TRANSPORTATION IN KIND BEEN FURNISHED, BUT THAT, SINCE YOU HAD SUBMITTED NO EVIDENCE OF ACTUAL EXPENSES INCURRED, NO AMOUNT COULD BE ALLOWED. YOUR PRESENT LETTER YOU STATE YOU DO NOT HAVE SUCH EVIDENCE AND REITERATE YOUR BELIEF THAT SINCE YOUR ORDERS PROVIDED FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE YOUR CLAIM SHOULD BE PAID.
THE TRAVEL AND TRANSPORTATION OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 813. IT SEEMS CLEAR UNDER THOSE REGULATIONS THAT REIMBURSEMENT FOR YOUR TRAVEL CAN BE AUTHORIZED ONLY UPON PRESENTATION OF EVIDENCE OF THE COST OF YOUR TRAVEL. THEREFORE, WHILE IT IS REGRETTED THAT YOUR ORDERS CONTAINED AN ERRONEOUS PROVISION, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM ON THE PRESENT RECORD. THAT BEING THE CASE, THE DECISION OF OCTOBER 17, 1956, IS AFFIRMED.