B-131149, JUN. 20, 1957

B-131149: Jun 20, 1957

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USN: REFERENCE IS MADE TO YOUR UNDATED LETTER REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF FEBRUARY 21. YOU WERE TO REGARD YOURSELF AS DETACHED FROM DUTY AT THE STATION HOSPITAL AND FROM SUCH OTHER DUTY AS YOU MAY HAVE BEEN ASSIGNED. UNDER THESE ORDERS YOU WERE ALSO AUTHORIZED TO DELAY 20 DAYS. THESE WERE THE ORDERS WHICH YOU SUBMITTED IN SUPPORT OF YOUR ORIGINAL CLAIM FOR REIMBURSEMENT OF DEBARKATION TAX PAID BY YOU AT GENOA. - "I FEEL THAT THE ORDERS SUBMITTED WITH THE CLAIM FOR JUSTIFICATION OF PAYMENT WERE NOT THE PROPER ONES SINCE THEY WERE THE ORDER/S) TO RETURN TO THE UNITED STATES RATHER THAN THE ORDERS UNDER WHICH I WAS TRAVELLING WHEN ORDERED BY THE BUREAU OF PERSONNEL TO DEBARK WITH MY DEPENDENTS AT GENOVA.

B-131149, JUN. 20, 1957

TO LIEUTENANT COMMANDER JOSEPH J. MARTORANO, USN:

REFERENCE IS MADE TO YOUR UNDATED LETTER REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF FEBRUARY 21, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF A DEBARKATION TAX PAID BY YOU AT GENOA, ITALY.

THE RECORD SHOWS THAT BY ORDERS OF SEPTEMBER 25, 1956, AND WHEN DIRECTED BY THE COMMANDER, SUBORDINATE COMMAND, U.S. NAVAL FORCES, EASTERN ATLANTIC AND MEDITERRANEAN COMMANDER, HEADQUARTERS SUPPORT ACTIVITIES, IN SEPTEMBER OR OCTOBER 1956, YOU WERE TO REGARD YOURSELF AS DETACHED FROM DUTY AT THE STATION HOSPITAL AND FROM SUCH OTHER DUTY AS YOU MAY HAVE BEEN ASSIGNED, AND TO PROCEED TO THE UNITED STATES AND REPORT TO THE NAVAL MEDICAL RESEARCH INSTITUTE, NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, FOR DUTY. UNDER THESE ORDERS YOU WERE ALSO AUTHORIZED TO DELAY 20 DAYS, SUCH DELAY TO COUNT AS LEAVE, ANY PORTION OF WHICH COULD BE TAKEN PRIOR TO OR AFTER ARRIVAL IN THE UNITED STATES. THESE WERE THE ORDERS WHICH YOU SUBMITTED IN SUPPORT OF YOUR ORIGINAL CLAIM FOR REIMBURSEMENT OF DEBARKATION TAX PAID BY YOU AT GENOA, ITALY, APPARENTLY ON AUGUST 9, 1956.

HOWEVER, IN YOUR PRESENT REQUEST FOR REVIEW YOU STATE THAT---

"I FEEL THAT THE ORDERS SUBMITTED WITH THE CLAIM FOR JUSTIFICATION OF PAYMENT WERE NOT THE PROPER ONES SINCE THEY WERE THE ORDER/S) TO RETURN TO THE UNITED STATES RATHER THAN THE ORDERS UNDER WHICH I WAS TRAVELLING WHEN ORDERED BY THE BUREAU OF PERSONNEL TO DEBARK WITH MY DEPENDENTS AT GENOVA, ITALY.

"IN VIEW OF THIS I AM RESUBMITTING THIS CLAIM WITH THE ORIGINAL ORDERS AND ENDORSEMENTS DIRECTING ME TO REPORT TO NMRU NO. 3, IN CAIRO EGYPT FOR DUTY. ALSO ENCLOSED FIND THE ORIGINAL RECEIPT ISSUED TO ME BY THE AMERICAN EXPORT LINES FOR THIS PAYMENT OF LANDING TAX WHICH I WAS COMPELLED TO PAY IN ORDER TO COMPLY WITH ORDERS FROM THE UNITED STATES NAVY.'

WE HAVE CLOSELY EXAMINED THE SET OF ORDERS YOU SUBMITTED WITH YOUR REQUEST FOR REVIEW TO FIND A BASIS FOR YOUR ASSERTION THAT YOU WERE ACTING UNDER ORDERS IN DEBARKING AT GENOA, ITALY. NO SUCH AUTHORITY IS EVIDENT IN THESE ORDERS. THOSE ORDERS, ISSUED BY THE BUREAU OF NAVAL PERSONNEL ON FEBRUARY 15, 1956, SHOW THAT WHEN DIRECTED BY YOUR COMMANDING OFFICER, ON OR ABOUT JULY 1, 1956, YOU WERE TO REGARD YOURSELF DETACHED FROM DUTY AT THE NAVAL MEDICAL RESEARCH INSTITUTE, NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED TO YOU, AND WERE TO PROCEED TO CAIRO, EGYPT, VIA SUCH TRANSPORTATION AS THE CHIEF OF NAVAL PERSONNEL MAY DESIGNATE. UPON ARRIVAL, YOU WERE TO REPORT TO THE COMMANDING OFFICER, NAVAL MEDICAL RESEARCH UNIT NO. 3 FOR DUTY. THE RECORD SHOWS THAT YOU AND YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION ON JULY 27, 1956, VIA THE AMERICAN EXPORT LINES S.S. EXCAMBION FROM NEW YORK, NEW YORK TO ALEXANDRIA, EGYPT (PORT FOR CAIRO).

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. FURTHERMORE, PARAGRAPH 6454 OF THE REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT. ON THE PRESENT RECORD, THE DEBARKATION TAX PAID BY YOU AT THE PORT OF GENOA CANNOT BE CONSIDERED AS HAVING BEEN NECESSARILY INCURRED IN CONNECTION WITH OFFICIAL BUSINESS.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 21, 1957, IS SUSTAINED. YOUR ORDERS OF FEBRUARY 15, 1956, ARE HEREWITH RETURNED.