Skip to main content

B-130608, JUNE 11, 1968, 47 COMP. GEN. 724

B-130608 Jun 11, 1968
Jump To:
Skip to Highlights

Highlights

WHICHEVER IS GREATER. THE MEMBER IN A TRAVEL STATUS ON DAY OF ARRIVAL AT HIS OVERSEAS STATION IS ONLY ENTITLED TO TRAVEL ALLOWANCES ON THAT DAY. 1968: FURTHER REFERENCE IS MADE TO LETTER OF MARCH 25. WHICHEVER IS GREATER. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68-17 BY THE PER DIEM. THE UNDER SECRETARY SAYS THAT THESE ALTERNATIVE CHANGES WERE RECOMMENDED BY THE DEPARTMENT OF THE NAVY BASED ON A SITUATION INVOLVING THE YOKOSUKA- TOKYO AREA OF JAPAN. HE SAYS THAT ALL NEW ARRIVALS IN THAT AREA NORMALLY TRAVEL AT PERSONAL EXPENSE FROM THE PORT OF DEBARKATION TO THE MEMBER'S DUTY STATION AND SINCE THE MEMBER IS ENTITLED TO MILEAGE FOR HIS TRAVEL. HE IS NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR HIMSELF FOR THAT DAY.

View Decision

B-130608, JUNE 11, 1968, 47 COMP. GEN. 724

MILEAGE - MILITARY PERSONNEL - AS BEING IN LIEU OF ALL OTHER EXPENSES - SUFFICIENCY OF ALLOWANCE THE INSUFFICIENCY OF THE MILEAGE ALLOWANCE PAID TO A MEMBER OF THE UNIFORMED SERVICES FOR TRAVEL ON THE DAY OF ARRIVAL AT AN OVERSEAS PERMANENT DUTY STATION TO COVER THE EXPENSES OF HOTEL ACCOMMODATIONS PROVIDES NO BASIS TO AMEND PARAGRAPH M4303-2C (4) OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT OF A TEMPORARY LODGING ALLOWANCE FOR DAY OF ARRIVAL WITHOUT REGARD TO MILEAGE ENTITLEMENT. BOTH ALLOWANCES DESIGNED FOR THE SAME PURPOSE--- THE MILEAGE ALLOWANCE RATE INCLUDING LODGING AND SUBSISTENCE--- PAYMENT OF BOTH ALLOWANCES FOR THE SAME DAY WOULD CONSTITUTE A DOUBLE ALLOWANCE. STATION ALLOWANCES - MILITARY PERSONNEL - TEMPORARY LODGINGS - DAY OF ARRIVAL AT DUTY STATION REIMBURSEMENT TO A MEMBER OF THE UNIFORMED SERVICES FOR HOTEL EXPENSES INCURRED ON DAY OF ARRIVAL AT AN OVERSEAS PERMANENT STATION MAY NOT BE AUTHORIZED BY AMENDMENT TO PARAGRAPH M4303-2C (4) OF THE JOINT TRAVEL REGULATIONS TO PROVIDE PAYMENT OF A TEMPORARY LODGING ALLOWANCE OR MILEAGE, WHICHEVER IS GREATER. THE MEMBER IN A TRAVEL STATUS ON DAY OF ARRIVAL AT HIS OVERSEAS STATION IS ONLY ENTITLED TO TRAVEL ALLOWANCES ON THAT DAY, ENTITLEMENT TO A TEMPORARY LODGING ALLOWANCE, CONSIDERED A PERMANENT STATION ALLOWANCE, COMMENCING THE DAY AFTER ARRIVAL AND, THEREFORE, WAIVER OF MILEAGE ENTITLEMENT BY THE MEMBER WOULD NOT OPERATE TO ENTITLE HIM TO A TEMPORARY LODGING ALLOWANCE ON THE DAY OF ARRIVAL.

TO THE SECRETARY OF THE AIR FORCE, JUNE 11, 1968:

FURTHER REFERENCE IS MADE TO LETTER OF MARCH 25, 1968, FROM THE UNDER SECRETARY OF THE AIR FORCE REQUESTING A DECISION WHETHER PARAGRAPH M4303- 2C (4) OF THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE EITHER (A) TEMPORARY LODGING ALLOWANCE WITHOUT REGARD TO ENTITLEMENT TO MILEAGE, OR (B) TEMPORARY LODGING ALLOWANCE OR MILEAGE, WHICHEVER IS GREATER, ON DAY OF ARRIVAL AT PERMANENT DUTY STATION OVERSEAS. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 68-17 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY SAYS THAT THESE ALTERNATIVE CHANGES WERE RECOMMENDED BY THE DEPARTMENT OF THE NAVY BASED ON A SITUATION INVOLVING THE YOKOSUKA- TOKYO AREA OF JAPAN. HE SAYS THAT ALL NEW ARRIVALS IN THAT AREA NORMALLY TRAVEL AT PERSONAL EXPENSE FROM THE PORT OF DEBARKATION TO THE MEMBER'S DUTY STATION AND SINCE THE MEMBER IS ENTITLED TO MILEAGE FOR HIS TRAVEL, HE IS NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR HIMSELF FOR THAT DAY. HE SAYS THAT, AS AN EXAMPLE, THE DEPARTMENT OF THE NAVY CITES THE CASE OF A MEMBER WITH ONE DEPENDENT IN WHICH, ON DAY OF ARRIVAL, MILEAGE ALLOWANCE OF $2.82 FOR THE MEMBER AND TEMPORARY LODGING ALLOWANCE OF $9 FOR THE DEPENDENT WOULD BE PAYABLE. IT IS CONTENDED THAT SUCH AMOUNTS WOULD NOT COVER THE EXPENSES INCURRED ON THAT DAY BY THE MEMBER AND HIS DEPENDENT FOR OCCUPANCY OF HOTEL ACCOMMODATIONS.

IN HIS DISCUSSION OF PART (A) OF THE QUESTION THE UNDER SECRETARY REFERS TO 36 COMP. GEN. 753, IN WHICH WE HELD THAT UNDER APPLICABLE STATUTORY PROVISION, MILEAGE IS ONE OF THE MUTUALLY EXCLUSIVE METHODS OF PAYMENT FOR TRAVEL; THAT IT IS INTENDED TO COVER EXPENSES OF TEMPORARY LODGING AND, THEREFORE, THE PAYMENT OF MILEAGE AND PER DIEM FOR THE SAME DAY, EVEN THOUGH NOT FOR THE SAME PART OF THE DAY, IS PRECLUDED.

HE SAYS THAT THE MILEAGE ALLOWANCE IS ESTABLISHED AT A RATE TO MEET THE MORE THAN NORMAL EXPENSES INCURRED INCIDENT TO TRAVEL INCLUDING LODGING AND SUBSISTENCE AND THAT THE TEMPORARY LODGING ALLOWANCE, ALTHOUGH A PERMANENT STATION ALLOWANCE, IS A PER DIEM PRESCRIBED TO PARTIALLY REIMBURSE A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS ON INITIAL ARRIVAL AT AN OVERSEAS STATION. SINCE BOTH ALLOWANCES ARE DESIGNED FOR THE CAME PURPOSE DOUBT EXISTS AS TO WHETHER BOTH MILEAGE AND TEMPORARY LODGING ALLOWANCE MAY BE PAID FOR THE DAY OF ARRIVAL.

THE UNDER SECRETARY SUGGESTS THAT AN AFFIRMATIVE ANSWER TO PART (B) OF THE QUESTION WOULD NOT APPEAR TO BE PRECLUDED IN CASE THE MEMBER MAY WAIVE HIS ENTITLEMENT TO MILEAGE IN FAVOR OF TEMPORARY LODGING ALLOWANCE ON DAY OF ARRIVAL IF THE LATTER EXCEEDS THE FORMER. IN THIS CONNECTION, HE CITES 30 COMP. GEN. 480 AS SUPPORTING THE PROPOSITION THAT WAIVER OF TRAVEL ALLOWANCE IF SUPPORTED BY PROPER CONSIDERATION, CONSTITUTES A VALID CONTRACT.

SECTION 405 OF TITLE 37, U.S. CODE, PROVIDES AS FOLLOWS:

WITHOUT REGARD TO THE MONETARY LIMITATIONS OF THIS TITLE, THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO MEMBERS OF THE UNIFORMED SERVICES UNDER THEIR JURISDICTION AND THEIR DEPENDENTS, INCLUDING A COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES, TO SUCH A MEMBER WHO IS ON DUTY OUTSIDE OF THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS. HOWEVER, DEPENDENTS MAY NOT BE CONSIDERED IN DETERMINING THE PER DIEM ALLOWANCE FOR A MEMBER IN A TRAVEL STATUS.

PARAGRAPH M4303 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THOSE STATUTORY PROVISIONS, PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED, WITHIN PRESCRIBED LIMITATIONS, FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS, UPON INITIAL ARRIVAL AT AN OVERSEAS STATION UNTIL PERMANENT QUARTERS ARE AVAILABLE. PARAGRAPH M4303-2A OF THE REGULATIONS PROVIDES THAT THE ALLOWANCE IS PAYABLE FOR ANY DAY WITHIN PRESCRIBED TIME LIMITS WHEN GOVERNMENT QUARTERS ARE NOT FURNISHED THE MEMBER, HIS DEPENDENTS, OR THE MEMBER AND HIS DEPENDENTS, IF WITH DEPENDENTS, AND THE MEMBER IS REQUIRED TO SECURE HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND HE, HIS DEPENDENTS, OR BOTH, OCCUPY ACCOMMODATIONS AT PERSONAL EXPENSE. AS THE UNDER SECRETARY SAYS, THIS IS A PERMANENT STATION ALLOWANCE. IT DOES NOT ACCURE TO MEMBERS IN A TRAVEL STATUS. SEE 45 COMP. GEN. 689. IT IS, HOWEVER, A PER DIEM, PAYABLE FOR ESSENTIALLY THE SAME PURPOSES AS A TRAVEL PER DIEM ALLOWANCE.

PARAGRAPH M4303-2C (4) OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER WITH DEPENDENTS IS ENTITLED TO TRAVEL PER DIEM WITH NO DEDUCTION FOR QUARTERS, OR MILEAGE ON DAY OF ARRIVAL, NO ENTITLEMENT TO TEMPORARY LODGING ALLOWANCE FOR THE MEMBER HIMSELF EXISTS ON THAT DAY.

THIS PROVISION IS BASED ON THE FACT THAT TRAVEL ALLOWANCES (PER DIEM AND MILEAGE) ARE PROVIDED TO COVER INCREASED LODGING AND SUBSISTENCE OR COSTS OF MEMBERS IN A TRAVEL STATUS AND, GENERALLY, THE DAY OF ARRIVAL AT THE PERMANENT STATION IS REGARDED AS A DAY OF TRAVEL.

SINCE THE PURPOSE FOR WHICH THE MEMBER IS PAID MILEAGE ON DAY OF ARRIVAL INCLUDES THE PURPOSE FOR WHICH THE TEMPORARY LODGING ALLOWANCE IS PAYABLE, IT SEEMS APPARENT THAT THE PAYMENT OF BOTH FOR THE SAME DAY WOULD, AS IN THE CASE OF TRAVEL PER DIEM, CONSTITUTE A DOUBLE ALLOWANCE. IN ADDITION TO THAT ASPECT OF THE MATTER WE ARE NOT AWARE OF ANY LEGAL BASIS ON WHICH OVERSEAS PERMANENT STATION PER DIEM ALLOWANCES MAY BE AUTHORIZED FOR MEMBERS IN A TRAVEL STATUS EN ROUTE TO THE PERMANENT STATION. ACCORDINGLY, IN OUR OPINION, THERE IS NO BASIS ON WHICH THE REGULATIONS MAY BE AMENDED TO AUTHORIZE PAYMENT OF THE TEMPORARY LODGING ALLOWANCE TO A MEMBER IN A TRAVEL STATUS ON THE DAY OF ARRIVAL AT THE OVERSEAS STATION WITHOUT REGARD TO ENTITLEMENT TO MILEAGE. 41 COMP. GEN. 453.

AS TO PART (B) OF YOUR QUESTION, SINCE, AS INDICATED ABOVE, THE MEMBER IS IN A TRAVEL STATUS ON THE DAY OF ARRIVAL AT HIS PERMANENT OVERSEAS STATION HE IS ENTITLED TO TRAVEL ALLOWANCES ON THAT DAY AND ENTITLEMENT TO PERMANENT STATION ALLOWANCES FOR HIMSELF DOES NOT COMMENCE UNTIL THE NEXT DAY. 40 COMP. GEN. 71; 41 ID. 453. THUS, REGARDLESS OF THE VALIDITY OF ANY WAIVER OF TRAVEL ALLOWANCE SUCH A WAIVER COULD NOT OPERATE TO ENTITLE THE MEMBER TO TEMPORARY LODGING ALLOWANCE ON THE DAY OF ARRIVAL.

GAO Contacts

Office of Public Affairs