B-141075, NOV. 17, 1959

B-141075, NOV. 17, 1959

TO AIRMAN THIRD CLASS KENNETH R. COLLINS, AF 18346864:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 2, 1959, AND ENCLOSURES, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 17, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $53.94 COLLECTED FROM YOU AS AN ERRONEOUS PAYMENT OF MILEAGE AT SIX CENTS A MILE FROM BREMERTON, WASHINGTON, TO SAN FRANCISCO, CALIFORNIA, A TOTAL OF 899 MILES, INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS DATED AUGUST 31, 1957, WHILE YOU WERE SERVING ON ACTIVE DUTY IN THE UNITED STATES NAVAL RESERVE.

ALTHOUGH YOUR ORDERS AUTHORIZED INDIVIDUAL TRAVEL, YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 17, 1959, ON THE BASIS THAT GROUP TRAVEL WAS IN FACT INVOLVED SINCE, UNDER SIMILAR ORDERS, YOU AND SEVERAL OTHER MEMBERS OF THE NAVAL SERVICE DEPARTED AT THE SAME TIME FROM THE SAME POINT OF ORIGIN AND ARRIVED AT THE SAME TIME AT THE SAME DESTINATION, AND THAT THERE WAS, THEREFORE, NO ENTITLEMENT UNDER THE APPLICABLE REGULATIONS TO THE AMOUNT CLAIMED. IT WAS POINTED OUT THAT, EXCEPT IN CIRCUMSTANCES THEREIN SPECIFIED, THE REGULATIONS REQUIRED THE ISSUANCE OF GROUP TRAVEL ORDERS WHENEVER THREE OR MORE MEMBERS WERE DIRECTED TO DEPART ON THE SAME DATE FROM THE SAME POINT OF ORIGIN FOR THE SAME DESTINATION, AND THAT ORDERS ISSUED IN ANY OF THE EXCEPTED CIRCUMSTANCES MUST STATE THE REASON WHY GROUP TRAVEL STATUS WAS PRECLUDED. IT WAS ALSO POINTED OUT THAT THE REGULATIONS PROVIDED THAT MEMBERS ISSUED GROUP TRAVEL ORDERS WOULD BE FURNISHED TRANSPORTATION BY GOVERNMENT CONVEYANCE OR WOULD BE ISSUED GOVERNMENT TRANSPORTATION REQUESTS AND THAT A MEMBER PERFORMING GROUP TRAVEL WAS NOT ENTITLED TO MILEAGE OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION.

IT WAS STATED IN THE SETTLEMENT, HOWEVER, THAT SINCE THE LAW CONTEMPLATES THAT OFFICIAL TRAVEL SHALL BE AT GOVERNMENT EXPENSE, IT HAS BEEN CONSIDERED THAT WHERE, NOT BECAUSE OF HIS OWN ELECTION BUT BECAUSE OF THE FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUISITE TRANSPORTATION IN KIND, A MEMBER PERFORMS TRAVEL BY OTHER THAN THE AUTHORIZED MEANS, SUCH MEMBER MAY BE REIMBURSED FOR ACTUAL EXPENDITURES NOT TO EXCEED THE COST OTHERWISE AUTHORIZED. YOU WERE ADVISED THAT YOUR CLAIM WOULD BE GIVEN FURTHER CONSIDERATION ON THAT BASIS UPON THE FURNISHING BY YOU OF RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE BY YOU INCIDENT TO THE TRAVEL IN QUESTION. YOU INDICATE THAT AFTER A LAPSE OF TWO YEARS YOU ARE NOT ABLE TO FURNISH RECEIPTS, AND YOU SAY IT IS YOUR OPINION THAT THE FACT THAT YOU REPORTED TO SAN FRANCISCO AT YOUR OWN EXPENSE SHOULD BE RECEIPT ENOUGH.

THE REGULATIONS APPLICABLE IN YOUR CASE WERE PROMULGATED UNDER AUTHORITY OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, AND HENCE HAVE THE FORCE AND EFFECT OF LAW. WHILE YOU APPEAR TO FEEL THAT YOUR CLAIM SHOULD BE PAID DESPITE THE PROVISIONS OF SUCH REGULATIONS, OUR OFFICE IS NOT VESTED WITH AUTHORITY TO MAKE PAYMENTS IN SUCH CIRCUMSTANCES. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF SEPTEMBER 17, 1959, IS SUSTAINED.

THE ENCLOSURES RECEIVED WITH YOUR LETTER DATED OCTOBER 2, 1959, ARE RETURNED HEREWITH.