B-137636, NOV 21, 1958
Highlights
YOU WERE ISSUED TRANSPORTATION REQUESTS TO ENABLE YOU TO TRAVEL FROM FREDERICK TO NORFOLK. THE APPLICABLE REGULATIONS ISSUED UNDER SUCH STATUTORY AUTHORITY ARE CONTAINED IN PARAGRAPH 6003-2 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES AS FOLLOWS: "2. IN THE EVENT SUCH TRANSPORTATION IS NOT PROVIDED THE MEMBER THROUGH NO FAULT OF HIS OWN. THE MEMBER IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION EXPENSES ACTUALLY INCURRED. THE RECORD SHOWS THAT TRANSPORTATION REQUESTS WERE FURNISHED FOR THE DIRECTED TRAVEL. NO INFORMATION HAS BEEN SUBMITTED WHICH SUPPORTS THE CONCLUSION THAT YOU WERE REQUIRED TO RETURN SUCH TRANSPORTATION REQUESTS UNUSED. IT IS ASSUMED THAT THE TELEPHONED INSTRUCTIONS MENTIONED IN YOUR LETTER OF MAY 12.
B-137636, NOV 21, 1958
PRECIS-UNAVAILABLE
MR. CHARLES N. MATHIAS, JR.:
YOUR LETTER OF SEPTEMBER 29, 1958, REQUESTS REVIEW OF OUR SETTLEMENT DATED AUGUST 4, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR TRAVEL FROM FREDERICK, MARYLAND, TO NORFOLK, VIRGINIA, AND RETURN, INCIDENT TO YOUR ORDERS OF MAY 6, 1958.
THE ORDERS OF MAY 6 DIRECTED YOU TO REPORT ON MAY 18, 1958, TO THE COMMANDING OFFICER, UNITED STATES NAVAL RECEIVING STATION, UNITED STATES NAVAL STATION, NORFOLK, VIRGINIA, FOR FURTHER ASSIGNMENT AFLOAT, THE DUTY INVOLVED BEING 14 DAYS ACTIVE DUTY FOR TRAINING WITHOUT PAY. YOU WERE ISSUED TRANSPORTATION REQUESTS TO ENABLE YOU TO TRAVEL FROM FREDERICK TO NORFOLK, AND RETURN. YOU RETURNED THESE REQUESTS TO THE ISSUING OFFICE FOR CANCELLATION AND YOU PERFORMED THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE. YOU NOW STATE THAT YOU RETURNED THE TRANSPORTATION REQUESTS TO THE ISSUING OFFICE PURSUANT TO COMPETENT ORDERS FROM THE FIFTH NAVAL DISTRICT RESERVE OFFICE HEADQUARTERS, NORFOLK, VIRGINIA.
SECTION 501(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 826, 37 U.S.C. 301(B) AUTHORIZES THE PROMULGATION OF REGULATIONS GOVERNING THE FURNISHING OF TRANSPORTATION AND SUBSISTENCE IN CONNECTION WITH TRAVEL TO AND FROM TRAINING DUTY WITHOUT PAY. THE APPLICABLE REGULATIONS ISSUED UNDER SUCH STATUTORY AUTHORITY ARE CONTAINED IN PARAGRAPH 6003-2 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES AS FOLLOWS:
"2. TRANSPORTATION. TRANSPORTATION IN KIND (GOVERNMENT TRANSPORTATION REQUEST, GOVERNMENT CONVEYANCE, OR TRANSPORTATION PROCURED BY THE GOVERNMENT) OR, IN THE EVENT SUCH TRANSPORTATION IS NOT PROVIDED THE MEMBER THROUGH NO FAULT OF HIS OWN, THE MEMBER IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION EXPENSES ACTUALLY INCURRED, SUPPORTED BY RECEIPTS WHEN PRACTICABLE, NOT TO EXCEED THE COST TO THE GOVERNMENT HAD TRANSPORTATION BEEN FURNISHED."
A RIGHT TO REIMBURSEMENT OF TRAVEL EXPENSES CAN ACCRUE UNDER SUCH REGULATIONS ONLY IN THE EVENT THAT THE MEMBER CONCERNED PERFORMED TRAVEL AT PERSONAL EXPENSE BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUIRED TRANSPORTATION AT GOVERNMENT EXPENSE. NOTHING IN THE AVAILABLE RECORD IN YOUR CASE INDICATES THAT YOU FOUND IT NECESSARY TO PERFORM THE TRAVEL FROM FREDERICK TO NORFOLK, AND RETURN, AT YOUR OWN EXPENSE BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH YOU THE REQUIRED TRANSPORTATION. ON THE CONTRARY, THE RECORD SHOWS THAT TRANSPORTATION REQUESTS WERE FURNISHED FOR THE DIRECTED TRAVEL. NO INFORMATION HAS BEEN SUBMITTED WHICH SUPPORTS THE CONCLUSION THAT YOU WERE REQUIRED TO RETURN SUCH TRANSPORTATION REQUESTS UNUSED. THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT IS ASSUMED THAT THE TELEPHONED INSTRUCTIONS MENTIONED IN YOUR LETTER OF MAY 12, 1958, IN ACCORDANCE WITH WHICH YOU RETURNED THE TRANSPORTATION REQUESTS, WERE GIVEN IN RESPONSE TO YOUR REQUEST FOR ADVICE AS TO THEIR DISPOSITION SINCE YOU PREFERRED TO TRAVEL BY AUTOMOBILE. THE GOVERNMENT'S ONLY OBLIGATION UNDER THE REGULATIONS WAS THE FURNISHING OF TRANSPORTATION IN KIND AND SINCE YOU DID NOT USE THE TENDERED TRANSPORTATION, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.
ACCORDINGLY, THE SETTLEMENT OF AUGUST 4, 1958, IS SUSTAINED.