B-135532, MAY 16, 1958

B-135532: May 16, 1958

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WARRANT OFFICER CONLEY WAS TRANSFERRED FROM HANAU. INDIVIDUALS WHO WERE BEING RETURNED TO THE UNITED STATES FOR SEPARATION OR REASSIGNMENT WERE DIRECTED TO PROCEED ABOARD THAT VESSEL. THE CLAIMANT AND HIS DEPENDENTS WERE FURNISHED FIRST-CLASS ACCOMMODATIONS IN SPACE PROCURED ON THE SS UNITED STATES EN BLOC AND YOUR QUESTION IS WHETHER PAYMENT OF THE PER DIEM CLAIMED IS BARRED BECAUSE SUCH TRANSPORTATION WAS FURNISHED. WHICH IS A REGULATION RELATING TO THE POLICY GOVERNING THE USE OF PASSENGER ACCOMMODATIONS. STATES THAT FIRST-CLASS ACCOMMODATIONS ON COMMERCIAL VESSELS PROCURED EN BLOC ON A LEASE OR CHARTER BASIS ARE CONSIDERED TO BE GOVERNMENT TRANSPORTATION. THE PAYMENT OF TRAVEL PER DIEM ALLOWANCES FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES IS GOVERNED BY PARAGRAPH 4253 OF THE JOINT TRAVEL REGULATIONS.

B-135532, MAY 16, 1958

TO FIRST LIEUTENANT C. E. MILLIKIN, FC:

BY SECOND INDORSEMENT DATED MARCH 14, 1958, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF FEBRUARY 12, 1958, SUBMITTING FOR ADVANCE DECISION A VOUCHER IN FAVOR OF CWO-2 WILLIAM CONLEY, W 2149666, IN THE AMOUNT OF $30 COVERING PAYMENT TO HIM OF PER DIEM FOR SIX DAYS, MARCH 23 TO 28, 1957, WHILE TRAVELING FROM BREMERHAVEN, GERMANY, TO FORT HAMILTON, NEW YORK.

BY LETTER ORDERS NO. 2-5, DATED FEBRUARY 12, 1957, WARRANT OFFICER CONLEY WAS TRANSFERRED FROM HANAU, GERMANY, TO ARMY AND NAVY HOSPITAL, HOT SPRINGS, ARKANSAS. THE ORDERS DIRECTED HIM TO PROCEED FROM HANAU TO BREMERHAVEN, GERMANY, FOR MOVEMENT BY GOVERNMENT TRANSPORTATION TO THE UNITED STATES ABOARD THE SS UNITED STATES. BY MOVEMENT ORDER NO. 32, ISSUED ON MARCH 22, 1957, BY HEADQUARTERS UNITED STATES ARMY PORT OF EMBARKATION, BREMERHAVEN, INDIVIDUALS WHO WERE BEING RETURNED TO THE UNITED STATES FOR SEPARATION OR REASSIGNMENT WERE DIRECTED TO PROCEED ABOARD THAT VESSEL, IT BEING STATED THAT THE TRANSPORTATION CORPS WOULD FURNISH NECESSARY TRANSPORTATION. THE CLAIMANT AND HIS DEPENDENTS WERE FURNISHED FIRST-CLASS ACCOMMODATIONS IN SPACE PROCURED ON THE SS UNITED STATES EN BLOC AND YOUR QUESTION IS WHETHER PAYMENT OF THE PER DIEM CLAIMED IS BARRED BECAUSE SUCH TRANSPORTATION WAS FURNISHED. PARAGRAPH 12, ARMY REGULATIONS 55-31, WHICH IS A REGULATION RELATING TO THE POLICY GOVERNING THE USE OF PASSENGER ACCOMMODATIONS, STATES THAT FIRST-CLASS ACCOMMODATIONS ON COMMERCIAL VESSELS PROCURED EN BLOC ON A LEASE OR CHARTER BASIS ARE CONSIDERED TO BE GOVERNMENT TRANSPORTATION.

THE PAYMENT OF TRAVEL PER DIEM ALLOWANCES FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES IS GOVERNED BY PARAGRAPH 4253 OF THE JOINT TRAVEL REGULATIONS, SUBPARAGRAPH 4 OF WHICH PROVIDES THAT, EXCEPT FOR THE DAYS OF EMBARKATION AND DEBARKATION, A PER DIEM AT THE RATE OF $5 IS PAYABLE TO MEMBERS IN A TRAVEL STATUS ABOARD A COMMERCIAL VESSEL FOR THE FIRST 10 DAYS, REDUCED TO $3 FOR EACH ADDITIONAL DAY, WHEN THE COST OF PASSAGE INCLUDES MEALS, AND AT THE RATE OF $10 FOR ALL DAYS WHEN THE COST OF PASSAGE DOES NOT INCLUDE MEALS. SUBPARAGRAPH 5 OF PARAGRAPH 4253 PROVIDES THAT MEMBERS TRAVELING ABOARD A GOVERNMENT VESSEL WHO ARE FURNISHED SUBSISTENCE WITHOUT CHARGE ARE NOT ENTITLED TO A PER DIEM ALLOWANCE EXCEPT ON DAYS OF EMBARKATION AND DEBARKATION IF OTHERWISE ENTITLED THERETO. THUS, PER DIEM ALLOWANCES IN SPECIFIED AMOUNTS ARE PAYABLE FOR ALL SUCH TRAVEL ABOARD COMMERCIAL VESSELS. WHILE, AS STATED IN PARAGRAPH 12, ARMY REGULATIONS 55-31, FIRST-CLASS ACCOMMODATIONS PROCURED EN BLOC ON A LEASE OR CHARTER BASIS, AS WELL AS SECOND-CLASS, CABIN-CLASS OR TOURIST-CLASS ACCOMMODATIONS SIMILARLY PROCURED, ARE GOVERNMENT TRANSPORTATION, THIS METHOD OF PROCUREMENT, AS DISTINGUISHED FROM PROCURING LIKE ACCOMMODATIONS ON AN INDIVIDUAL FARE BASIS, IS INEFFECTIVE TO CONSTITUTE AN OTHERWISE COMMERCIAL VESSEL A GOVERNMENT VESSEL WITHIN THE MEANING OF THE APPLICABLE REGULATIONS AS PUBLISHED IN THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.