B-130254, MAR. 4, 1957

B-130254: Mar 4, 1957

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EDWARDS: REFERENCE IS MADE TO YOUR UNDATED LETTER. YOU WERE DIRECTED TO PROCEED FROM RAMEY AIR FORCE BASE. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. YOU WERE DIRECTED TO PROCEED FROM LOWRY AIR FORCE BASE. WHERE YOU WERE ON TEMPORARY DUTY. YOU WERE AUTHORIZED TO PROCEED FROM FORBES AIR FORCE BASE. YOU WERE FURNISHED TRANSPORTATION IN KIND FOR THE TRAVEL INVOLVED. YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU INCIDENT TO THE TRAVEL INVOLVED WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 23. ON THE BASIS THAT SUCH TRAVEL WAS FOR YOUR PERSONAL CONVENIENCE AND NOT ON PUBLIC BUSINESS. MOST OF YOUR PERSONAL EFFECTS WERE LEFT THERE. PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL UPON PUBLIC BUSINESS.

B-130254, MAR. 4, 1957

TO MR. LAURENCE M. EDWARDS:

REFERENCE IS MADE TO YOUR UNDATED LETTER, RECEIVED HERE OCTOBER 23, 1956, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 23, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU FOR TRAVEL FROM FORBES AIR FORCE BASE, KANSAS, TO RAMEY AIR FORCE BASE, PUERTO RICO, AND RETURN, INCIDENT TO ORDERS DATED OCTOBER 30, 1952, WHILE SERVING AS FIRST LIEUTENANT, UNITED STATES AIR FORCE.

BY ORDERS DATED APRIL 18, 1952, YOU WERE DIRECTED TO PROCEED FROM RAMEY AIR FORCE BASE, PUERTO RICO, TO LOWRY AIR FORCE BASE, COLORADO, ON TEMPORARY DUTY OF APPROXIMATELY 100 DAYS FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION OF 12 WEEKS' DURATION, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. BY ORDERS DATED SEPTEMBER 29, 1952, CONFIRMING VERBAL ORDERS OF SEPTEMBER 23, 1952, YOU WERE DIRECTED TO PROCEED FROM LOWRY AIR FORCE BASE, COLORADO, WHERE YOU WERE ON TEMPORARY DUTY, TO FORBES AIR FORCE BASE, KANSAS, FOR DUTY. BY ORDERS DATED OCTOBER 30, 1952, CONFIRMING VERBAL ORDERS OF OCTOBER 29, 1952, AND AS AMENDED BY ORDERS DATED NOVEMBER 25, 1952, YOU WERE AUTHORIZED TO PROCEED FROM FORBES AIR FORCE BASE, KANSAS, TO RAMEY AIR FORCE BASE, PUERTO RICO, ON TEMPORARY DUTY FOR APPROXIMATELY 20 DAYS FOR THE PURPOSE OF MOVING YOUR HOUSEHOLD GOODS AND PRIVATELY OWNED AUTOMOBILE TO THE ZONE OF INTERIOR, AND UPON COMPLETION TO RETURN TO FORBES AIR FORCE BASE. YOUR ITINERARY OF TRAVEL SHOWS THAT ON OCTOBER 31, 1952, YOU LEFT FORBES AIR FORCE BASE, KANSAS, AND ARRIVED AT RAMEY AIR FORCE BASE, PUERTO RICO, ON NOVEMBER 4, 1952. NOVEMBER 19, 1952, YOU LEFT RAMEY AIR FORCE BASE AND ARRIVED AT FORBES AIR FORCE BASE ON NOVEMBER 20, 1952. YOU WERE FURNISHED TRANSPORTATION IN KIND FOR THE TRAVEL INVOLVED.

YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU INCIDENT TO THE TRAVEL INVOLVED WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 23, 1954, ON THE BASIS THAT SUCH TRAVEL WAS FOR YOUR PERSONAL CONVENIENCE AND NOT ON PUBLIC BUSINESS. IN YOUR REQUEST FOR REVIEW OF THAT SETTLEMENT YOU SAY, IN EFFECT, THAT SINCE YOU LEFT PUERTO RICO ORIGINALLY ON A TEMPORARY CHANGE OF STATION, MOST OF YOUR PERSONAL EFFECTS WERE LEFT THERE, AND THAT YOU SHOULD NOT BE HELD LIABLE FOR EXPENSES INCURRED INCIDENT TO THE TRAVEL HERE INVOLVED BECAUSE THE ORDERS AUTHORIZING SUCH TRAVEL STATED THE TRUE PURPOSE OF YOUR TRAVEL RATHER THAN SOME OTHER REASON.

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 TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, WHICH PRESUPPOSES TRAVEL ON PUBLIC BUSINESS. PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT ACT, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 6454 OF THE SAME REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

THE ORDERS OF OCTOBER 30, 1952, AUTHORIZED YOU TO TRAVEL FROM FORBES AIR FORCE BASE, KANSAS, TO RAMEY AIR FORCE BASE, PUERTO RICO, AND RETURN, "FOR THE PURPOSE OF MOVING HOUSEHOLD GOODS AND PRIVATELY OWNED AUTO.' THOSE ORDERS DID NOT CONTEMPLATE OR REQUIRE THE PERFORMANCE OF ANY OFFICIAL DUTY EN ROUTE TO AND FROM OR WHILE AT RAMEY AIR FORCE BASE. IT IS CLEAR, THEREFORE, THAT SUCH TRAVEL WAS NOT TRAVEL ON PUBLIC BUSINESS, BUT WAS SOLELY FOR YOUR PERSONAL CONVENIENCE. HENCE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 23, 1954, IS SUSTAINED.

THE RECORD SHOWS THAT YOU ARE INDEBTED TO THE UNITED STATES FOR A CASUAL PAYMENT OF $100 RECEIVED BY YOU AND NOT ENTERED IN YOUR MILITARY PAY RECORD FOR COLLECTION PRIOR TO YOUR SEPARATION FROM THE SERVICE. YOU ARE ALSO INDEBTED FOR AN UNAUTHORIZED PAYMENT OF $125.55 MADE TO YOU AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS, MAKING A TOTAL INDEBTEDNESS OF $225.55, WHICH YOU ADMIT YOU OWE THE UNITED STATES. YOU SHOULD PAY THAT INDEBTEDNESS PROMPTLY OR SUBMIT AN INITIAL PAYMENT TOGETHER WITH A DEFINITE PLAN TO PAY THE BALANCE IN MONTHLY INSTALLMENTS WITHIN A REASONABLE TIME.