B-131172, MAY 3, 1957

B-131172, MAY 3, 1957

TO LIEUTENANT COLONEL JOHN J. KENNALEY:

YOUR LETTER OF MARCH 7, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 29, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES FOR THE TRANSPORTATION OF YOU AND YOUR WIFE FROM NAPLES, ITALY, TO NEW YORK, NEW YORK, DURING THE PERIOD OCTOBER 10 TO 11, 1955.

BY ORDERS DATED OCTOBER 4, 1955, YOU WERE RELIEVED FROM YOUR ASSIGNMENT IN NAPLES, ITALY, AND TRANSFERRED TO FORT MCPHERSON, GEORGIA. YOU WERE DIRECTED TO PROCEED ON OR ABOUT NOVEMBER 29, 1955, BY SURFACE TRANSPORTATION FROM NAPLES, ITALY, TO THE UNITED STATES, AND YOU WERE AUTHORIZED 45 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE. THESE ORDERS WERE AMENDED BY ORDERS DATED OCTOBER 10, 1955, WHICH AUTHORIZED YOU TO PROCEED TO THE UNITED STATES ON THAT DATE BY COMMERCIAL AIR TRANSPORTATION AT NO EXPENSE TO THE GOVERNMENT. YOU AND MRS. KENNALEY TRAVELED FROM NAPLES TO ROME WHERE YOU OBTAINED COMMERCIAL AIR TRANSPORTATION TO THE UNITED STATES. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SUCH TRAVEL WAS DISALLOWED FOR THE REASON THAT, SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM NAPLES TO NEW YORK, THE USE OF COMMERCIAL AIR TRANSPORTATION WAS FOR YOUR PERSONAL CONVENIENCE.

IN YOUR LETTER YOU SAY THAT NEITHER GOVERNMENT SURFACE NOR AIR TRANSPORTATION WAS AVAILABLE AT THE TIME OF YOUR DEPARTURE ON OCTOBER 10, 1955. IT APPEARS TO BE YOUR CONTENTION THAT THE CLAUSE IN THE ORDERS OF OCTOBER 10, 1955,"AT NO EXPENSE TO THE GOVERNMENT" WAS A MISTAKE AND YOU RECOMMEND THAT WE CONTACT THE ADMINISTRATIVE OFFICE TO DETERMINE THE REASON FOR THIS RESTRICTION IN YOUR ORDERS. ALSO, YOU SAY THE USE OF COMMERCIAL AIR TRAVEL WAS MORE ADVANTAGEOUS TO THE GOVERNMENT SINCE YOU HAD ARRANGED TO RETURN ON THE U.S.S. INDEPENDENCE AND THIS WOULD HAVE BEEN MORE COSTLY TO THE GOVERNMENT.

PARAGRAPH 4203-3C OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH WAS IN EFFECT AT THE TIME OF YOUR TRAVEL, PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE IS AVAILABLE, BUT TRAVEL IS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED. PARAGRAPH 7002-1B OF THE REGULATIONS, INSOFAR AS HERE PERTINENT, PROVIDES THAT TRANSPORTATION FOR DEPENDENTS TO OR FROM OVERSEAS STATIONS SHALL NOT BE OTHER THAN BY GOVERNMENT VESSEL IF AVAILABLE.

A REPORT FURNISHED BY THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, STATES THAT THE U.S.N.S. CALL AN AND THE U.S.N.S. HODGES MADE REGULAR SAILINGS FROM NAPLES TO NEW YORK DURING THE PERIOD IN QUESTION AND THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE MILITARY PERSONNEL AND DEPENDENTS. IT IS CLEAR FROM THE RECORD THAT YOU WERE ON ORDERS TO RETURN TO THE UNITED STATES ON OCTOBER 29, 1955. HOWEVER, YOU REQUESTED PERMISSION TO RETURN SOONER IN ORDER TO BE PRESENT WHEN YOUR MOTHER UNDERWENT A SERIOUS OPERATION. YOUR REQUEST WAS GRANTED AND YOUR ORDERS WERE AMENDED AUTHORIZING YOUR RETURN BY COMMERCIAL AIR AT NO EXPENSE TO THE GOVERNMENT. THESE ARRANGEMENTS WERE MADE FOR YOUR PERSONAL CONVENIENCE TO HELP YOU WITH YOUR PERSONAL PROBLEMS AND NOT FOR THE CONVENIENCE OF THE GOVERNMENT. IT IS FOR THIS REASON THAT YOUR ORDERS PROVIDED FOR COMMERCIAL AIR TRANSPORTATION AT NO EXPENSE TO THE GOVERNMENT. ALSO, IF YOU HAD RETURNED ON THE U.S.S. INDEPENDENCE IN ACCORDANCE WITH YOUR ORIGINAL PLANS THE COST OF SUCH TRAVEL WOULD ALSO HAVE BEEN AT YOUR PERSONAL EXPENSE AND NOT REIMBURSABLE BY THE GOVERNMENT, SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 29, 1957, WAS CORRECT AND IS SUSTAINED.