B-136635, JUL. 23, 1958

B-136635: Jul 23, 1958

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TOEPFER: REFERENCE IS MADE TO YOUR LETTER OF MAY 28. YOU WERE TRANSFERRED FROM CAMP PICKETT. THE ORDERS AUTHORIZED LEAVE EN ROUTE AND STATED THAT YOUR LEAVE ADDRESS WAS BUFFALO. THE RECORD SHOWS THAT YOU WERE ISSUED GOVERNMENT TRANSPORTATION REQUESTS WQ-22911608 AND WQ-22911609. THAT A TRAVEL ALLOWANCE VOUCHER WAS PREPARED. THAT YOU WERE NOT PAID. TRANSPORTATION AND TRAVEL ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949. THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. SINCE THE SETTLEMENT DISALLOWING YOUR CLAIM WAS CORRECT. IT IS SUSTAINED.

B-136635, JUL. 23, 1958

TO MR. ROBERT C. TOEPFER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 28, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MAY 23, 1958, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE IN LIEU OF UNUSED TRANSPORTATION REQUESTS AND MEAL TICKETS WHILE SERVING AS PRIVATE, UNITED STATES ARMY.

BY PARAGRAPH 7, SPECIAL ORDERS NO. 33, DATED FEBRUARY 9, 1953, YOU WERE TRANSFERRED FROM CAMP PICKETT, VIRGINIA, TO FORT LEWIS, WASHINGTON, FOR FURTHER TRANSPORTATION TO AN OVERSEAS STATION. THE ORDERS AUTHORIZED LEAVE EN ROUTE AND STATED THAT YOUR LEAVE ADDRESS WAS BUFFALO, NEW YORK. THE RECORD SHOWS THAT YOU WERE ISSUED GOVERNMENT TRANSPORTATION REQUESTS WQ-22911608 AND WQ-22911609, AND ARMY MEAL TICKETS B-13064916 THROUGH B- 13064927 FOR USE IN TRAVELING FROM CAMP PICKETT TO FORT LEWIS. PRESENTING YOUR CLAIM YOU STATED THAT YOU TRAVELED FROM CAMP PICKETT TO BUFFALO AND THENCE TO CHICAGO BY RAIL AT PERSONAL EXPENSE; THAT YOU USED THE TRANSPORTATION REQUESTS AND MEAL TICKETS FOR TRAVEL FROM CHICAGO TO FORT LEWIS ONLY; THAT YOU TURNED IN THE UNUSED TICKETS, AND THAT A TRAVEL ALLOWANCE VOUCHER WAS PREPARED, BUT THAT YOU WERE NOT PAID. THE DEPARTMENT OF THE ARMY HAS ADVISED US, HOWEVER, THAT A THOROUGH SEARCH OF THE RECORDS FAILS TO REVEAL ANY RECORD OF ANY UNUSED TRANSPORTATION REQUESTS OR TICKETS HAVING BEEN TURNED IN BY YOU, OR OF A VOUCHER RELATING TO SAME.

TRANSPORTATION AND TRAVEL ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 2050-1 OF THOSE REGULATIONS PROVIDES THAT MEMBERS WHO SURRENDER UNUSED TRANSPORTATION REQUESTS, COMPLETE TICKETS, OR UNUSED PORTIONS OF TICKETS OBTAINED ON TRANSPORTATION REQUESTS, SHALL BE ENTITLED TO TRAVEL ALLOWANCES UNDER APPLICABLE PROVISIONS OF THOSE REGULATIONS, IF OTHERWISE AUTHORIZED. IN VIEW OF THAT PROVISION OF THE CONTROLLING REGULATIONS, IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT YOU DID IN FACT TURN IN UNUSED TRANSPORTATION REQUESTS OR UNUSED RAILROAD AND MEAL TICKETS, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. SINCE THE SETTLEMENT DISALLOWING YOUR CLAIM WAS CORRECT, IT IS SUSTAINED.