B-141545, MAR. 21, 1960

B-141545: Mar 21, 1960

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THE REQUEST WAS FORWARDED VIA THE CHIEF OF NAVAL PERSONNEL AND THE CHAIRMAN. TRAVEL AND TRANSPORTATION COMMITTEE AND WAS ASSIGNED PDTATAC CONTROL NO. 60-2. THE MEMBER WAS TRANSFERRED FROM ADAK. THE COMPTROLLER OF THE NAVY STATES THAT SINCE THE MEMBER WAS FURNISHED TRANSPORTATION FROM ADAK. IT IS PRESUMED THAT HAD HIS DEPENDENT WIFE BEEN AT THE OVERSEAS DUTY STATION. SHE WOULD HAVE BEEN FURNISHED TRANSPORTATION VIA THE SAME MSTS VESSEL. IS $139.90. ON THE BASIS THAT THE SERVICE CONCERNED IS CHARGED THE APPLICABLE TARIFF RATES FOR DEPENDENTS OF MILITARY PERSONNEL PERFORMING TRAVEL BY MATS OR MSTS PURSUANT TO PERMANENT CHANGE OF STATION ORDERS OF THE SPONSOR. SINCE THE PORT OF DEBARKATION IN THIS CASE WOULD HAVE BEEN SAN FRANCISCO AND THE ULTIMATE DESTINATION WAS ALAMEDA.

B-141545, MAR. 21, 1960

TO MR. R. M. PLOTKIN, ENS, SC, USNR, DISBURSING OFFICER, FLEET POST OFFICE:

BY FIRST ENDORSEMENT DATED JANUARY 11, 1960, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF SEPTEMBER 16, 1959, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR DEPENDENT WIFE OF MURRY L. BROACH, AG2, 450 36 71, USN, INCIDENT TO HIS ORDERS OF JUNE 25, 1959. THE REQUEST WAS FORWARDED VIA THE CHIEF OF NAVAL PERSONNEL AND THE CHAIRMAN, PER DIEM, TRAVEL AND TRANSPORTATION COMMITTEE AND WAS ASSIGNED PDTATAC CONTROL NO. 60-2.

THE RECORD SHOWS THAT THE MEMBER ACQUIRED AN ELIGIBLE GRADE FOR TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD GOODS WHILE AT HIS DUTY STATION AT ADAK, ALASKA. DURING THIS PERIOD HIS DEPENDENT WIFE RESIDED AT SHREVEPORT, LOUISIANA.

BY ORDERS DATED JUNE 25, 1959, THE MEMBER WAS TRANSFERRED FROM ADAK, ALASKA, TO U.S.S. SALISBURY SOUND (AV-13) WITH HOME PORT AND HOME YARD AT SAN FRANCISCO AND MARE ISLAND, CALIFORNIA, RESPECTIVELY, AND DIRECTED TO REPORT ON DUTY NOT LATER THAN JULY 31, 1959. HIS WIFE TRAVELED AT PERSONAL EXPENSE FROM SHREVEPORT, LOUISIANA, TO ALAMEDA, CALIFORNIA, DURING THE PERIOD JULY 25 TO 29, 1959.

THE COMPTROLLER OF THE NAVY STATES THAT SINCE THE MEMBER WAS FURNISHED TRANSPORTATION FROM ADAK, ALASKA, TO SAN FRANCISCO, CALIFORNIA, VIA THE USNS FRED C. AINSWORTH (T-AP181), IT IS PRESUMED THAT HAD HIS DEPENDENT WIFE BEEN AT THE OVERSEAS DUTY STATION, SHE WOULD HAVE BEEN FURNISHED TRANSPORTATION VIA THE SAME MSTS VESSEL. HE ALSO DISCLOSED THAT INFORMATION RECEIVED FROM THE BUREAU OF NAVAL PERSONNEL INDICATES THAT THE MSTS FARE FOR EACH DEPENDENT PASSENGER ON A SPACE REQUIREMENT BASIS BETWEEN ADAK, ALASKA, AND SAN FRANCISCO, CALIFORNIA, IS $139.90. ON THE BASIS THAT THE SERVICE CONCERNED IS CHARGED THE APPLICABLE TARIFF RATES FOR DEPENDENTS OF MILITARY PERSONNEL PERFORMING TRAVEL BY MATS OR MSTS PURSUANT TO PERMANENT CHANGE OF STATION ORDERS OF THE SPONSOR, THE COMPTROLLER OF THE NAVY PRESENTS THE QUESTION AS TO WHETHER THE MSTS CHARGE MAY BE ADDED TO THE MILEAGE ALLOWANCE FOR THE DISTANCE BETWEEN THE PORT OF DEBARKATION AND THE NEW DUTY STATION IN DETERMINING THE MAXIMUM AMOUNT DUE THE MEMBER. IN OTHER WORDS, SINCE THE PORT OF DEBARKATION IN THIS CASE WOULD HAVE BEEN SAN FRANCISCO AND THE ULTIMATE DESTINATION WAS ALAMEDA, THE QUESTION IS WHETHER THE MSTS FARE IN THE SUM OF $139.90 MAY PROPERLY BE APPLIED IN THE COMPUTATION OF ALLOWANCES PAYABLE FOR TRAVEL ACTUALLY PERFORMED BY THE MEMBER'S DEPENDENT WIFE FROM SHREVEPORT, LOUISIANA, TO ALAMEDA, CALIFORNIA.

UNDER THE APPLICABLE LAW AND REGULATIONS THE MEMBER WAS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS FROM THE PLACE THE DEPENDENTS AND EFFECTS WERE LOCATED TO THE NEW DUTY STATION NOT IN EXCESS OF THE COST FROM THE OLD TO THE NEW PERMANENT DUTY STATION.

THE TRANSPORTATION CHARGE PAID BY THE SERVICE CONCERNED TO THE MATS OR MSTS FOR DEPENDENT PASSENGERS REPRESENTS GOVERNMENT MONEYS PAID BY ONE GOVERNMENT ACTIVITY TO ANOTHER AND IS MERELY THE METHOD UTILIZED BY THE GOVERNMENT FOR FINANCING AND ACCOUNTING FOR GOVERNMENT TRANSPORTATION FACILITIES. IN THIS CASE THERE WOULD HAVE BEEN A TRANSFER OF GOVERNMENT FUNDS BETWEEN TWO ACCOUNTS WITHIN THE DEPARTMENT OF THE NAVY FOR PROVIDING TRANSPORTATION FOR THE MEMBER'S DEPENDENT WIFE. HOWEVER, SINCE ULTIMATELY THE COST TO THE GOVERNMENT OF THE MSTS VOYAGE FROM ADAK TO SAN FRANCISCO AT THE TIME INVOLVED WAS THE SAME WHETHER OR NOT THE MEMBER'S DEPENDENT WIFE WAS A PASSENGER, THERE IS NO LEGAL BASIS TO ADD A SUM REPRESENTING THE FARE FOR THAT VOYAGE IN COMPUTING ANY MILEAGE ALLOWANCE DUE THE MEMBER FOR HIS WIFE'S TRAVEL. FURTHERMORE, SINCE TRAVEL TO THE HOME PORT (SAN FRANCISCO) AND TRAVEL TO ALAMEDA (WHICH IS IN THE VICINITY OF SAN FRANCISCO) MUST BE CONSIDERED THE SAME, IT APPEARS THAT THE MEMBER IS NOT ENTITLED TO ANY REIMBURSEMENT FOR HIS WIFE'S TRAVEL FROM SHREVEPORT, LOUISIANA, TO ALAMEDA, CALIFORNIA.