B-134809, MAR. 3, 1958

B-134809: Mar 3, 1958

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RUDY: REFERENCE IS MADE TO YOUR LETTER WITH ENCLOSURES ADDRESSED TO THE FINANCE OFFICER. WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED FEBRUARY 19. YOU WERE RELIEVED FROM YOUR DUTY STATION AT PURDUE UNIVERSITY. THESE ORDERS WERE AMENDED BY ORDERS OF JUNE 4 AND 22. IT SEEMS APPARENT FROM THE RECORD BEFORE US THAT YOU UNDERSTOOD THAT UNDER THOSE ORDERS YOU WERE TO TRAVEL TO KIRTLAND AIR FORCE BASE FOR TEMPORARY DUTY AND THAT YOU WOULD BE PERMITTED TO RETURN TO YOUR HOME AT DES MOINES IN A LEAVE STATUS BEFORE YOU WERE REQUIRED TO REPORT FOR DUTY AT YOUR NEW PERMANENT STATION. YOU WERE REIMBURSED FOR YOUR TRAVEL TO KIRTLAND AIR FORCE BASE AND THENCE TO ALAMOGORDO. YOU WERE ALSO PAID DISLOCATION ALLOWANCE AUTHORIZED FOR A PERMANENT CHANGE OF STATION.

B-134809, MAR. 3, 1958

TO FIRST LIEUTENANT WILLIAM J. RUDY:

REFERENCE IS MADE TO YOUR LETTER WITH ENCLOSURES ADDRESSED TO THE FINANCE OFFICER, KIRTLAND AIR FORCE BASE, NEW MEXICO, CONCERNING YOUR CLAIM FOR TRAVEL ALLOWANCE FROM KIRTLAND AIR FORCE BASE, NEW MEXICO, TO DES MOINES, IOWA, AND RETURN TO LOS ALAMOS, NEW MEXICO, WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED FEBRUARY 19, 1957. YOUR LETTER HAS BEEN REFERRED TO OUR OFFICE FOR REPLY.

BY CHANGE OF STATION ORDERS DATED MAY 5, 1956, YOU WERE RELIEVED FROM YOUR DUTY STATION AT PURDUE UNIVERSITY, LAFAYETTE, INDIANA, AND DIRECTED TO REPORT AT HEADQUARTERS, AFSWP, KIRTLAND AIR FORCE BASE, NEW MEXICO, NOT LATER THAN JULY 11, 1956. THESE ORDERS WERE AMENDED BY ORDERS OF JUNE 4 AND 22, AND JULY 4, 1956, TO DIRECT A PERMANENT CHANGE OF STATION TO LOS ALAMOS SCIENTIFIC LABORATORY, ALAMOGORDO, NEW MEXICO, WITH TEMPORARY DUTY EN ROUTE AT KIRTLAND AIR FORCE BASE. IT SEEMS APPARENT FROM THE RECORD BEFORE US THAT YOU UNDERSTOOD THAT UNDER THOSE ORDERS YOU WERE TO TRAVEL TO KIRTLAND AIR FORCE BASE FOR TEMPORARY DUTY AND THAT YOU WOULD BE PERMITTED TO RETURN TO YOUR HOME AT DES MOINES IN A LEAVE STATUS BEFORE YOU WERE REQUIRED TO REPORT FOR DUTY AT YOUR NEW PERMANENT STATION. YOU TRAVELED FROM LAFAYETTE, INDIANA, TO KIRTLAND AIR FORCE BASE FOR TEMPORARY DUTY, RETURNED TO DES MOINES FOR LEAVE, AND THEN TRAVELED TO ALAMOGORDO FOR DUTY. YOU WERE REIMBURSED FOR YOUR TRAVEL TO KIRTLAND AIR FORCE BASE AND THENCE TO ALAMOGORDO. YOU WERE ALSO PAID DISLOCATION ALLOWANCE AUTHORIZED FOR A PERMANENT CHANGE OF STATION. YOUR CLAIM FOR AN ALLOWANCE FOR TRAVEL TO DES MOINES AND FROM THERE TO ALAMOGORDO WAS DISALLOWED BY OUR SETTLEMENT FOR THE REASON THAT THIS TRAVEL WAS PERFORMED WHILE YOU WERE ON LEAVE AND WAS NOT OFFICIAL TRAVEL REQUIRED BY YOUR ORDERS.

WITH YOUR LETTER YOU HAVE FURNISHED A COPY OF SPECIAL ORDER NO. 184 DATED SEPTEMBER 12, 1957, WHICH PROVIDES THAT SPECIAL ORDER 90, DATED MAY 5, 1956, AS AMENDED, WHICH ASSIGNED YOU TO KIRTLAND AIR FORCE BASE, NEW MEXICO, WITH PERMANENT DUTY STATION AT LOS ALAMOS SCIENTIFIC LABORATORY IS FURTHER AMENDED TO INCLUDE CONFIRMATORY VERBAL ORDERS OF THE COMMANDANT, WRIGHT PATTERSON AIR FORCE BASE, OHIO, ISSUED ON JUNE 10, 1956. THESE ORDERS PURPORTEDLY DIRECTED YOU TO PROCEED FROM DES MOINES, IOWA, TO KIRTLAND AIR FORCE BASE AND LOS ALAMOS SCIENTIFIC LABORATORY ON TEMPORARY DUTY FOR APPROXIMATELY FIVE DAYS FOR THE PURPOSE OF AN INTERVIEW FOR SPECIAL DUTY ASSIGNMENT AND UPON COMPLETION TO RETURN TO LEAVE ADDRESS AND STATUS. YOU NOW CLAIM REIMBURSEMENT OF YOUR TRAVEL EXPENSES ON THE BASIS THAT YOU WERE VERBALLY DIRECTED TO PERFORM THE TRAVEL AS EVIDENCED BY THE ABOVE-CITED ORDERS.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' THE PHRASE "PUBLIC BUSINESS, AS SO USED RELATES TO THE ACTIVITIES OR FUNCTIONS OF THE SERVICE TO WHICH THE TRAVELER IS ATTACHED, AND THE TRAVEL AND TEMPORARY DUTY CONTEMPLATED IS THAT WHICH REASONABLY MAY BE CONSIDERED AS HAVING BEEN PERFORMED IN THE ACCOMPLISHMENT OF THE PURPOSES AND REQUIREMENTS OF SUCH ACTIVITIES OR FUNCTIONS. EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

SINCE YOUR TRAVEL FROM KIRTLAND AIR FORCE BASE TO DES MOINES WAS INCIDENT TO LEAVE, THE CONCLUSION IS REQUIRED THAT SUCH TRAVEL WAS FOR YOUR PERSONAL CONVENIENCE AND NOT FOR PUBLIC BUSINESS. THEREFORE, SUCH TRAVEL MAY NOT BE PERFORMED AT THE EXPENSE OF THE GOVERNMENT.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF FEBRUARY 19, 1957, WAS CORRECT AND IS SUSTAINED.