B-133596, JAN. 29, 1958

B-133596: Jan 29, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

O 421 472: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 14. YOU WERE DIRECTED TO PROCEED TO CONTINENTAL UNITED STATES FOR 60 DAYS' MORALE LEAVE AND UPON COMPLETION OF SUCH LEAVE TO RETURN TO YOUR PROPER STATION AND ORGANIZATION. YOU WERE AUTHORIZED AND INVITED TO PROCEED ON OR ABOUT JANUARY 18. WAS COLLECTED FROM YOU ON JANUARY 14. IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO REFUND OF THAT AMOUNT FOR THE REASON THAT UPON REPORTING TO THE USNS GEN. SULTAN YOU WERE TEMPORARILY ASSIGNED TO DUTY STATUS PURSUANT TO FIRST ENDORSEMENT DATED JANUARY 18. AN OFFICER OF THE ARMY IS REQUIRED TO SUBSIST HIMSELF AT PERSONAL EXPENSE AT ALL TIMES. PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHO ARE CHARGED FOR SUBSISTENCE WHILE TRAVELING BY GOVERNMENT VESSEL 24 HOURS OR MORE AS PASSENGERS.

B-133596, JAN. 29, 1958

TO MAJOR CARROLL D. QUINTON, O 421 472:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 14, 1957, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 12, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT OF $66 PAID BY YOU AS OCEAN FARE (SPECIAL RATE) FROM SAN FRANCISCO TO OKINAWA AS A PASSENGER ON A VESSEL UNDER THE MILITARY SEA TRANSPORTATION SERVICE DURING THE PERIOD FROM JANUARY 18 TO FEBRUARY 3, 1954.

BY LETTER ORDER L-211, HEADQUARTERS RYUKYUS COMMAND, APO 331, DATED DECEMBER 16, 1953, YOU WERE DIRECTED TO PROCEED TO CONTINENTAL UNITED STATES FOR 60 DAYS' MORALE LEAVE AND UPON COMPLETION OF SUCH LEAVE TO RETURN TO YOUR PROPER STATION AND ORGANIZATION. BY LETTER ORDER NR 10 B- 7, HEADQUARTERS SAN FRANCISCO PORT OF EMBARKATION, FORT MASON, CALIFORNIA, DATED JANUARY 14, 1954, YOU WERE AUTHORIZED AND INVITED TO PROCEED ON OR ABOUT JANUARY 18, 1954, FROM THE SAN FRANCISCO PORT OF EMBARKATION TO OKINAWA VIA GOVERNMENT WATER TRANSPORTATION, TRANSPORTATION TO BE ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO THE GOVERNMENT. THE AMOUNT OF $66, REPRESENTING THE SPECIAL SPACE AVAILABLE FARE IN EFFECT FOR PERSONS TRAVELING FROM SAN FRANCISCO TO OKINAWA IN JANUARY 1954, WAS COLLECTED FROM YOU ON JANUARY 14, 1954. IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO REFUND OF THAT AMOUNT FOR THE REASON THAT UPON REPORTING TO THE USNS GEN. D. I. SULTAN YOU WERE TEMPORARILY ASSIGNED TO DUTY STATUS PURSUANT TO FIRST ENDORSEMENT DATED JANUARY 18, 1954, ON LETTER ORDER NR 10-B-7, DATED JANUARY 14, 1954. IN YOUR PRESENT LETTER YOU PLACE RELIANCE ON PARAGRAPH 4207-2B AND PARAGRAPH 4253-5B, JOINT TRAVEL REGULATIONS, FOR ALLOWANCE OF YOUR CLAIM.

AN OFFICER OF THE ARMY IS REQUIRED TO SUBSIST HIMSELF AT PERSONAL EXPENSE AT ALL TIMES. HOWEVER, IF SUCH AN OFFICER PERFORMS TRAVEL OUTSIDE THE UNITED STATES, SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AUTHORIZES THE SECRETARY OF THE SERVICE CONCERNED TO PRESCRIBE PER DIEM FOR SUCH TRAVEL "CONSIDERING ALL ELEMENTS OF COST OF LIVING" TO THE PERSON CONCERNED. PARAGRAPH 4253 5B OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT STATUTORY PROVISION AND APPLICABLE TO TRAVEL OUTSIDE THE UNITED STATES, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHO ARE CHARGED FOR SUBSISTENCE WHILE TRAVELING BY GOVERNMENT VESSEL 24 HOURS OR MORE AS PASSENGERS--- BUT NOT INCLUDING THOSE ABOARD FOR TEMPORARY DUTY OR TRAINING--- WILL BE PAID A PER DIEM ALLOWANCE COMMENSURATE WITH THE COST TO THE TRAVELER FOR MEALS FURNISHED. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 6451) THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL WHICH ARE INCIDENTAL TO OTHER DUTY--- SUCH AS TRAVEL ABOARD A VESSEL IN PERFORMANCE OF TEMPORARY DUTY ON SUCH VESSEL--- ARE NOT PAYABLE BY THE GOVERNMENT.

SINCE THE REGULATIONS DO NOT AUTHORIZE THE PAYMENT OF A PER DIEM TO THOSE MEMBERS OF THE UNIFORMED SERVICES WHO PERFORM TEMPORARY DUTY WHILE TRAVELING BY GOVERNMENT VESSEL AND SINCE THEY MAKE NO PROVISION FOR PAYMENT OF EXPENSES INCURRED DURING PERIODS OF TRAVEL WHICH ARE INCIDENTAL TO SUCH DUTY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR REFUND OF THE AMOUNT OF $66 PAID BY YOU INCIDENT TO YOUR TRAVEL DURING THE PERIOD INVOLVED. SEE DECISION DATED MAY 8, 1952, B 108093, 31 COMP. GEN. 575. PARAGRAPH 4207-2B OF THE JOINT TRAVEL REGULATIONS, CITED BY YOU, PERTAINS TO TRAVEL IN THE UNITED STATES AND, HENCE, HAS NO APPLICATION TO THE MATTER HERE ..END :