B-140378, SEP. 28, 1959

B-140378, SEP. 28, 1959

TO LIEUTENANT ROBERT STANTON WERNER, USNR:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON JULY 20, 1959, REQUESTING REVIEW OF SETTLEMENT OF JULY 13, 1959, WHICH DISALLOWED YOUR CLAIM FOR TAXICAB FARES INCIDENT TO YOUR ORDERS OF MARCH 4, 1959.

BY THOSE ORDERS ISSUED BY THE COMMANDANT FIFTH NAVAL DISTRICT, UNITED STATES NAVAL BASE, NORFOLK, VIRGINIA, ADDRESSED TO YOU AT 302 OTTAWA STREET, FOREST HEIGHTS 21, MARYLAND, YOU WERE ORDERED TO PROCEED FOR PHYSICAL EXAMINATION AT ANY NAVAL FACILITY AT THE POTOMAC RIVER NAVAL COMMAND, WASHINGTON, D.C., IN SUFFICIENT TIME TO REPORT PRIOR TO 0800, MARCH 16, 1959, TO THE PENTAGON, WASHINGTON, D.C., FOR ACTIVE DUTY FOR TRAINING WITHOUT PAY FOR A PERIOD OF 14 DAYS. YOU CLAIM REIMBURSEMENT FOR TAXICAB FARES FOR ROUND-TRIP TRAVEL FROM YOUR HOME TO THE NAVAL GUN FACTORY ON MARCH 12, 1959, AND TO THE PENTAGON ON MARCH 14, 1959, AND FROM THE PENTAGON TO YOUR HOME ON MARCH 28, 1959.

PARAGRAPH 6003 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 501 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 301, PROVIDES FOR TRANSPORTATION AND SUBSISTENCE TO BE FURNISHED MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY TRAINING WITHOUT PAY. HOWEVER, THE APPLICATION OF THIS PROVISION IS LIMITED BY THE LOCAL TRAVEL PROHIBITION CONTAINED IN PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS. THIS REGULATION BARS REIMBURSEMENT OF EXPENSES INCURRED AT THE DUTY STATION, INCIDENT TO TRAVEL TO AND FROM HOME, AND PLACE OF DUTY, OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION.

SINCE LOCAL TRANSPORTATION MAY NOT BE FURNISHED AT GOVERNMENT EXPENSE FOR TRAVEL FROM PLACE OF RESIDENCE TO PLACE OF EMPLOYMENT AND SINCE YOUR HOME, THE NAVAL GUN FACTORY, AND THE PENTAGON, ARE IN THE SAME METROPOLITAN AREA, THE EXPENSES INCURRED BY YOU FOR TAXICAB FARES BETWEEN THOSE PLACES ARE CONSIDERED PERSONAL OBLIGATIONS NOT CHARGEABLE TO THE GOVERNMENT. ACCORDINGLY, THE SETTLEMENT OF JULY 13, 1959, WAS CORRECT AND IS SUSTAINED.