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B-141469, FEB. 19, 1960

B-141469 Feb 19, 1960
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346 82 96: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12. YOU WERE DIRECTED TO PROCEED ON OR ABOUT JANUARY 31. FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH GUIDED MISSILE MATTERS FOR A PERIOD OF ABOUT TWO WEEKS AND UPON COMPLETION THEREOF YOU WERE DIRECTED TO RETURN TO WHITE SANDS PROVING GROUNDS. ALTHOUGH SIMILAR ORDERS WERE ISSUED TO AT LEAST TWO OTHERS. THE PAYMENTS WERE MADE ON THE BASIS OF INDIVIDUAL TRAVEL. UPON ADMINISTRATIVE AUDIT OF THE DISBURSING OFFICER'S ACCOUNT EXCEPTION WAS TAKEN TO THE PAYMENTS WHICH RESULTED IN THE CHECK AGE OF YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY SETTLEMENT OF AUGUST 20. FOR THE REASON THAT YOUR ORDERS SHOULD HAVE DIRECTED GROUP TRAVEL.

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B-141469, FEB. 19, 1960

TO JAMES H. HARRISON, GSC, USN, 346 82 96:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12, 1959, FORWARDED THROUGH THE COMPTROLLER OF THE NAVY, IN WHICH YOU REQUEST REVIEW OF THE SETTLEMENT OF AUGUST 20, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT CHECKED FROM YOUR PAY TO RECOVER PER DIEM AND MILEAGE PREVIOUSLY PAID TO YOU FOR TRAVEL FROM WHITE SANDS PROVING GROUND, NEW MEXICO, TO MISHAWAKA, INDIANA, AND RETURN, DURING THE PERIODS JANUARY 31, 1958, TO FEBRUARY 1, 1958, AND FEBRUARY 14 TO 17, 1958.

THE RECORD SHOWS THAT BY ORDERS DATED JANUARY 29, 1958, YOU WERE DIRECTED TO PROCEED ON OR ABOUT JANUARY 31, 1958, FROM WHITE SANDS PROVING GROUND, NEW MEXICO, TO MISHAWAKA, INDIANA, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH GUIDED MISSILE MATTERS FOR A PERIOD OF ABOUT TWO WEEKS AND UPON COMPLETION THEREOF YOU WERE DIRECTED TO RETURN TO WHITE SANDS PROVING GROUNDS. ALTHOUGH SIMILAR ORDERS WERE ISSUED TO AT LEAST TWO OTHERS, THE PAYMENTS WERE MADE ON THE BASIS OF INDIVIDUAL TRAVEL. UPON ADMINISTRATIVE AUDIT OF THE DISBURSING OFFICER'S ACCOUNT EXCEPTION WAS TAKEN TO THE PAYMENTS WHICH RESULTED IN THE CHECK AGE OF YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY SETTLEMENT OF AUGUST 20, 1959, FOR THE REASON THAT YOUR ORDERS SHOULD HAVE DIRECTED GROUP TRAVEL. IN YOUR REQUEST FOR REVIEW YOU SAY THAT SUPPLEMENTAL PAYMENTS HAVE BEEN MADE TO WAYNE L. CAMPBELL AND BILLY K. CARTER, APPARENTLY FOR THE SAME TYPE OF DUTY PERFORMED BY YOU. YOU ALSO REQUEST CLARIFICATION OF WHAT WOULD CONSTITUTE OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE INCIDENT TO THE TRAVEL PERFORMED.

PARAGRAPH 4100 OF THE JOINT TRAVEL REGULATIONS DEFINES "GROUP TRAVEL" AS A MOVEMENT EITHER ON PERMANENT OR TEMPORARY CHANGE OF STATION, OF THREE OR MORE MEMBERS TRAVELING IN A GROUP FOR WHICH TRANSPORTATION WILL BE FURNISHED BY GOVERNMENT CONVEYANCE OR TRANSPORTATION REQUESTS FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION UNDER ONE ORDER WHICH IS SPECIFICALLY DESIGNATED AS A GROUP TRAVEL ORDER. ARTICLE C-5403A (2) (A), BUREAU OF NAVAL PERSONNEL MANUAL, PROVIDES THAT WHEN STANDARD TRANSFER ORDERS ARE ISSUED TO THREE OR MORE MEMBERS TRAVELING AT THE SAME TIME FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION, ON EITHER PERMANENT CHANGE OF STATION, TEMPORARY DUTY, OR TEMPORARY ADDITIONAL DUTY, THE ORDER ISSUING AUTHORITY "SHALL" DESIGNATE THE ORDER AS A GROUP TRAVEL ORDER, WITH THE FURTHER PROVISION THAT IF MEMBERS ARE GRANTED PERMISSION TO PERFORM TRAVEL AT OWN EXPENSE OR GRANTED DELAY EN ROUTE, INDIVIDUAL ORDERS SHALL BE ISSUED. THOSE PROVISIONS WERE SUPPLEMENTED BY INSTRUCTIONS CONTAINED IN NAVACT 2-57, FEBRUARY 12, 1957, AND NAVACT 6-57, APRIL 11, 1957, ISSUED TO DEFINE FURTHER THE CIRCUMSTANCES GOVERNING GROUP TRAVEL. SUCH SUPPLEMENTAL INSTRUCTIONS SPECIFICALLY REQUIRE THE ISSUANCE OF GROUP TRAVEL ORDERS WHENEVER THREE OR MORE MEMBERS ARE TO DEPART ON THE SAME DATE FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION, EXCEPT UNDER CERTAIN SPECIFIED CIRCUMSTANCES, AND PROVIDE THAT ORDERS ISSUED UNDER SUCH EXCEPTED CIRCUMSTANCES MUST STATE THE SPECIFIC REASON WHY GROUP TRAVEL STATUS IS PRECLUDED. IN VIEW OF SUCH PROVISIONS, TRAVEL PERFORMED UNDER ORDERS ISSUED SUBSEQUENT TO THE ISSUANCE OF THE CITED NAVACTS MUST BE CONSIDERED AS GROUP TRAVEL UNLESS DIRECTED FOR PERFORMANCE UNDER ONE OR MORE OF THE SPECIFIED EXCEPTIONS WITH NOTATION OF THAT FACT IN THE ORDER. THE ORDERS HERE INVOLVED DO NOT APPEAR TO HAVE DIRECTED TRAVEL UNDER ANY OF THE EXCEPTIONAL CIRCUMSTANCES SET FORTH IN THE CONTROLLING REGULATIONS. THEREFORE, THE TRAVEL MUST BE REGARDED AS REQUIRED TO BE PERFORMED ON A GROUP BASIS, AND YOU WERE NOT ENTITLED TO PER DIEM AND MILEAGE AS PAID FOR INDIVIDUAL TRAVEL.

ON THE BASIS THAT THE LAW CONTEMPLATES THAT OFFICIAL TRAVEL SHALL BE AT GOVERNMENT EXPENSE, IT HAS BEEN CONSIDERED THAT A MEMBER WHO PERFORMS TRAVEL BY OTHER THAN AUTHORIZED MEANS, NOT BECAUSE OF HIS OWN ELECTION BUT BECAUSE OF FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUISITE TRANSPORTATION AND SUBSISTENCE IN KIND, MAY BE REIMBURSED FOR ACTUAL EXPENDITURES NOT TO EXCEED THE COST OTHERWISE AUTHORIZED, TO THE EXTENT THAT SUCH EXPENSES ARE SUPPORTED BY RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE INCIDENT TO THE TRAVEL PERFORMED. RECEIPTS NORMALLY ARE THE BEST EVIDENCE OF EXPENDITURES MADE FOR A GIVEN PURPOSE BUT FAILURE TO OBTAIN RECEIPTS, IN THE CIRCUMSTANCES INVOLVED, DOES NOT PRECLUDE CONSIDERATION OF ANY OTHER SHOWING OF ACTUAL EXPENSES WHICH MAY BE AVAILABLE TO AND SUBMITTED BY A CLAIMANT IN THE BELIEF THAT IT SUFFICIENTLY SUPPORTS HIS CLAIM. ON THE PRESENT RECORD NO PAYMENT CAN BE MADE ON YOUR CLAIM IN THE ABSENCE OF SUCH RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE INCIDENT TO THE TRAVEL. IF, AS YOU STATE, CERTAIN PERSONNEL KNOWN TO YOU HAVE BEEN PAID A MONETARY ALLOWANCE PLUS PER DIEM UNDER FACTS IDENTICAL TO THOSE PRESENT IN YOUR CASE, SUCH PAYMENTS WERE ERRONEOUS AND FORM NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF AUGUST 20, 1959, IS SUSTAINED.

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