B-135534, JUN. 5, 1958

B-135534, JUN. 5, 1958

TO CAPTAIN E. C. VAN HOOREBEKE, FC:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1958, WITH ENCLOSURES, FORWARDED BY INDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED MARCH 14, 1958, IN WHICH YOU REQUEST DECISION WHETHER PAYMENT IS PROPER ON A VOUCHER STATED IN FAVOR OF MAJOR CARL B. BOYCE FOR TRAVEL EXPENSES INCIDENT TO TRAVEL PERFORMED UNDER ORDERS DATED JANUARY 8, 1958.

UNDER THESE ORDERS MAJOR BOYCE AND TWO ENLISTED MEN, MEMBERS OF THE 197TH MILITARY POLICE DETACHMENT WITH STATION AT FORT SILL, OKLAHOMA, WERE DIRECTED TO PROCEED ON OR ABOUT JANUARY 14, 1958, ON TEMPORARY DUTY FOR APPROXIMATELY THREE DAYS AS AN ARMED GUARD TO ESCORT THREE SENTENCED PRISONERS TO FORT LEAVENWORTH, KANSAS, UPON THE COMPLETION OF WHICH THEY WERE TO RETURN TO FORT SILL. THE ORDERS PROVIDED THAT THE TRANSPORTATION OFFICER SHOULD DETERMINE AND FURNISH NECESSARY TRANSPORTATION AND MEAL TICKETS FOR SIX INDIVIDUALS FOR THE JOURNEY GOING AND NECESSARY TRANSPORTATION AND MEAL TICKETS FOR THREE INDIVIDUALS FOR THE RETURN JOURNEY. MAJOR BOYCE WAS DESIGNATED AS THE OFFICER-IN-CHARGE AND WAS AUTHORIZED TO RECEIVE MEAL TICKETS FOR THE PRISONERS CONCERNED. THE ITINERARY FURNISHED SHOWS THAT THE OFFICER LEFT FORT SILL AT 10:20 P.M. ON JANUARY 13 AND ARRIVED AT FORT LEAVENWORTH AT 10:30 A.M. ON JANUARY 14, AND THAT HE LEFT FORT LEAVENWORTH AT 3 P.M. ON THAT DAY AND RETURNED TO FORT SILL AT 7:30 A.M. ON JANUARY 15. ALL TRAVEL WAS BY RAIL ON GOVERNMENT TRANSPORTATION REQUESTS OR BY GOVERNMENT VEHICLE EXCEPT THAT FROM LEAVENWORTH, KANSAS, TO KANSAS CITY, MISSOURI, WHICH THE OFFICER PERFORMED AT PERSONAL EXPENSE BY BUS. A RECEIPT OF THE TRANSPORTATION OFFICER AT FORT SILL FOR UNUSED TRANSPORTATION AND MEAL TICKETS SHOWS THAT FIVE MEAL TICKETS, ISSUED FOR TWO MORNING MEALS, ONE NOON MEAL, ONE EVENING MEAL, AND ONE NOON EMERGENCY MEAL, WERE RETURNED UNUSED BY MAJOR BOYCE. HE HAS INDICATED THAT HE DID NOT REQUEST THE MEAL TICKETS AND THAT IT WAS IMPRACTICABLE TO USE THE ONES PROVIDED FOR HIM UNDER THE CIRCUMSTANCES INVOLVED IN THE PERFORMANCE OF THE DIRECTED TRAVEL. CLAIMS PER DIEM FOR ONE AND THREE-QUARTERS DAYS COVERING THE PERIOD OF ABSENCE FROM FORT SILL AND MILEAGE AT FIVE CENTS PER MILE IN LIEU OF TRANSPORTATION FOR THE OFFICIAL DISTANCE OF 31 MILES FROM LEAVENWORTH TO KANSAS CITY PERFORMED AT PERSONAL EXPENSE, PLUS $0.20 AS REIMBURSEMENT FOR BUS FARE FROM THE BUS TERMINAL TO UNION STATION AT KANSAS CITY. DOUBT AS TO THE LEGALITY OF THE PAYMENT APPARENTLY IS BASED ON THE POSSIBILITY THAT THE TRAVEL IN QUESTION MIGHT BE CONSIDERED TO GE GROUP TRAVEL SINCE PARAGRAPH 4101-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS TRAVELING UNDER GROUP TRAVEL ORDERS WILL BE FURNISHED TRANSPORTATION IN KIND AND WILL BE SUBSISTED EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT IN LIEU OF RECEIVING A PER DIEM ALLOWANCE.

PARAGRAPH 4100 OF THE JOINT TRAVEL REGULATIONS DEFINES "GROUP TRAVEL" AS A MOVEMENT OF THREE OR MORE MEMBERS TRAVELING IN A GROUP FRO WHICH TRANSPORTATION WILL BE FURNISHED BY GOVERNMENT CONVEYANCE OR TRANSPORTATION REQUEST FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION UNDER ONE ORDER WHICH IS SPECIFICALLY DESIGNATED BY THE ORDER ISSUING AUTHORITY AS A "GROUP TRAVEL ER.' THE ORDER OF JANUARY 8, 1958, DIRECTED THE MOVEMENT OF THREE OR MORE MEMBERS TRAVELING IN A GROUP, BY TRANSPORTATION TO BE FURNISHED BY THE GOVERNMENT, FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION AND SO APPEARS TO HAVE INVOLVED PRECISELY THE GROUP SITUATION CONTEMPLATED BY THAT REGULATION. HOWEVER, THE ORDER LACKED SPECIFIC DESIGNATION THAT IT WAS A "GROUP TRAVEL ORDER" AS APPARENTLY IS REQUIRED BY THE REGULATION TO CONSTITUTE IT GROUP TRAVEL FOR PER DIEM PURPOSES, AND SO IT MUST BE CONSIDERED THAT GROUP TRAVEL WAS NOT INVOLVED IN THE TRAVEL IN QUESTION. IT DOES NOT APPEAR THAT THE OFFICER OTHERWISE WAS REQUIRED BY THE REGULATIONS TO RECEIVE AND UTILIZE REAL TICKETS IN LIEU OF THE RECEIPT OF A PER DIEM ALLOWANCE. CONSEQUENTLY, INASMUCH AS THE MEAL TICKETS ISSUED TO HIM APPARENTLY WERE RETURNED UNUSED, HE MAY BE CONSIDERED AS ENTITLED TO THE PER DIEM CLAIMED.

SINCE THE ORDERS OF JANUARY 8, 1958, DIRECTED THAT THE TRANSPORTATION OFFICER FURNISH NECESSARY TRANSPORTATION THERE IS NO AUTHORITY FOR THE PAYMENT OF THE MILEAGE OR REIMBURSEMENT FOR THE BUS FARE CLAIMED IN THE ABSENCE OF EVIDENCE THAT GOVERNMENT TRANSPORTATION WAS NOT IN FACT AVAILABLE TO THE OFFICER FOR THE TRAVEL FROM LEAVENWORTH TO KANSAS CITY HAD HE CHOSEN TO USE IT. WITH THE EXCEPTION OF THOSE ITEMS, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED.