B-141478, FEB. 18, 1960

B-141478, FEB. 18, 1960

TO CAPTAIN DANIEL F. SMITH, JR., USN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 2, 1959, WHICH DISALLOWED YOUR CLAIM FOR THE COST OF TRANSPORTATION FROM PARIS, FRANCE, TO WASHINGTON, D.C., BY COMMERCIAL AIR INCIDENT TO ORDERS DATED JULY 2, 1959.

BY THOSE ORDERS YOU WERE DIRECTED TO REPORT TO THE CHIEF OF NAVAL PERSONNEL, NAVY DEPARTMENT, FOR TRANSPORTATION IN TIME TO PROCEED ON OR ABOUT JULY 6, 1959, TO PARIS, FRANCE, FOR TEMPORARY DUTY IN CONNECTION WITH NATO TRAINING MATTERS, AND UPON COMPLETION TO RETURN TO YOUR PERMANENT DUTY STATION. THE ORDERS SHOW YOU WERE FURNISHED GOVERNMENT AIR TRANSPORTATION TO PARIS, FRANCE, AND A GOVERNMENT TRANSPORTATION REQUEST FOR YOUR RETURN TO WASHINGTON, D.C., VIA COMMERCIAL AIR. THE ORDERS SPECIFIED THAT PRIOR TO USING THIS REQUEST YOU WERE TO OBTAIN AN ENDORSEMENT ON THE ORDERS STATING GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE.

THE RECORD SHOWS YOU REPORTED FOR TEMPORARY ADDITIONAL DUTY ON JULY 7, 1959, AND COMPLETED SUCH DUTY ON JULY 10, 1959. YOU RETURNED TO WASHINGTON, D.C., BY COMMERCIAL AIR WITHOUT OBTAINING ENDORSEMENT OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION ON YOUR ORDERS. IN VIEW OF THIS, AND SINCE GOVERNMENT AIR TRANSPORTATION FROM PARIS, FRANCE, TO THE UNITED STATES WAS AVAILABLE, IT WAS ADMINISTRATIVELY DETERMINED THAT USE OF THE TRANSPORTATION REQUEST FOR COMMERCIAL AIR WAS UNAUTHORIZED AND CHECK AGE IN THE AMOUNT OF $476.40 WAS ENTERED IN YOUR PAY ACCOUNT.

YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 2, 1959.

IT APPEARS TO BE YOUR VIEW THAT YOU SHOULD BE ALLOWED PAYMENT OF YOUR CLAIM BECAUSE PRIOR TO YOUR DEPARTURE FROM THE UNITED STATES YOU REQUESTED A RESERVATION FOR RETURN TRANSPORTATION ON JULY 10, 1959, WHICH WAS DENIED. YOU ALSO SAY THAT IN THE EVENT THE CHECK AGE MUST REMAIN EFFECTIVE YOU SHOULD BE ALLOWED AT LEAST THE AMOUNT THE NAVY WOULD HAVE HAD TO PAY THE MILITARY AIR TRANSPORTATION SERVICE WHICH OPERATES "UNDER INDUSTRIAL FUNDING" FOR YOUR TRANSPORTATION.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION OR OTHERWISE. PARAGRAPH 4203-3C, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SAID ACT, PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE WAS AVAILABLE BUT TRAVEL WAS PERFORMED BY ANOTHER MODE OF TRANSPORTATION, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED. WHILE THE RECORD SHOWS THAT THE PARIS VISITORS BUREAU WAS UNABLE TO COMPLY WITH YOUR INITIAL REQUEST FOR RESERVATIONS FOR YOUR RETURN TRANSPORTATION ON JULY 10, 1959, WHICH YOU MADE PRIOR TO YOUR DEPARTURE FOR FRANCE, AND ADVISED YOU THAT YOU WOULD BE PLACED ON A WAITING LIST FOR FLIGHTS SCHEDULED ON THAT DAY, THERE IS NOTHING IN THE RECORD TO SHOW WHETHER YOU MADE FURTHER INQUIRY FOR RETURN TRANSPORTATION, WHILE YOU WERE IN PARIS. IN VIEW OF THIS AND SINCE THE RECORD SHOWS YOU COULD HAVE BEEN FURNISHED AIR TRANSPORTATION ON JULY 10, 1959, WE ARE WITHOUT AUTHORITY TO ALLOW YOU ANY REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION.

CONCERNING YOUR REQUEST THAT YOU BE ALLOWED AT LEAST THE AMOUNT THE GOVERNMENT WOULD HAVE HAD TO PAY THE MILITARY AIR TRANSPORTATION SERVICE "UNDER INDUSTRIAL FUNDING" FOR YOUR TRANSPORTATION YOU ARE ADVISED THAT THE INDUSTRIAL FUND IS MERELY GOVERNMENT MONEYS DEPOSITED IN A WORKING CAPITAL FUND WHICH IS THE METHOD UTILIZED BY THE GOVERNMENT FOR FINANCING AND ACCOUNTING FOR GOVERNMENT TRANSPORTATION FACILITIES. IN YOUR CASE THERE WOULD HAVE BEEN A TRANSFER OF GOVERNMENT FUNDS FROM YOUR SPONSORING AGENCY (NAVY) TO THE DEPARTMENT OF THE AIR FORCE FOR PROVIDING YOU TRANSPORTATION. HOWEVER, SINCE ULTIMATELY THE COST TO THE GOVERNMENT OF THE MILITARY AIR TRANSPORTATION SERVICE FLIGHT FROM PARIS TO THE UNITED STATES ON JULY 10, 1959, WAS THE SAME WHETHER OR NOT YOU WERE A PASSENGER, THERE IS NO LEGAL BASIS TO ALLOW YOU ANY SUM FOR THE COST OF YOUR TRANSPORTATION ON A COMPARATIVE COST BASIS.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 2, 1959, WAS CORRECT AND IS SUSTAINED.