B-141942, FEB. 29, 1960

B-141942, FEB. 29, 1960

TO CAPTAIN G. D. CLERGET, USAF, ACCOUNTING AND FINANCE OFFICER, HEADQUARTERS, UNITED STATES AIR FORCE:

BY LETTER DATED JANUARY 26, 1960, THE CHIEF, TRAVEL BRANCH, PAYROLL TRAVEL AND COMMERCIAL SERVICES DIVISION, HEADQUARTERS, UNITED STATES AIR FORCE, FORWARDED HERE YOUR LETTER OF DECEMBER 3, 1959, AND ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED TO BE MADE ON THE SUBMITTED VOUCHER IN FAVOR OF STAFF SERGEANT ARTHUR H. FLANAGAN, AF252842J2, FOR TRAVEL AND PER DIEM ALLOWANCES COVERING THE PERIOD SEPTEMBER 2 TO 5, 1959, WHILE PERFORMING TEMPORARY DUTY IN THE CIRCUMSTANCES SHOWN BELOW. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-4 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS OF HEADQUARTERS, 7305TH AIR BASE GROUP (USAFE), UNITED STATES AIR FORCE, APO 84, DATED AUGUST 28, 1959, STAFF SERGEANT ARTHUR H. FLANAGAN WAS DIRECTED TO PROCEED FROM THAT STATION TO LAON AIR BASE, FRANCE, ON OR ABOUT SEPTEMBER 2, 1959, FOR APPROXIMATELY FOUR DAYS' TEMPORARY DUTY, FOR THE PURPOSE OF ATTENDING "1959 FRANCE SPORTS DISTRICT FOOTBALL OFFICIALS CLINIC," AND UPON COMPLETION OF SUCH TEMPORARY DUTY TO RETURN TO DREUX AIR BASE, FRANCE. IT APPEARS THAT HE LEFT BREUX AIR BASE, FRANCE, AT 1000 HOURS ON SEPTEMBER 2, 1959, AND ARRIVED AT LAON AIR BASE, FRANCE, AT 1600 HOURS ON THE SAME DAY; THAT HE LEFT LAON AIR BASE AT 0800 HOURS ON SEPTEMBER 5, 1959, AND ARRIVED AT DREUX AIR BASE AT 1400 HOURS ON THAT DATE, SUCH TRAVEL BEING PERFORMED BY PRIVATE AUTOMOBILE. THE SUBMITTED VOUCHER COVERS MILEAGE AND PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED BY THE ENLISTED MAN FROM SEPTEMBER 2 TO 5, 1959.

YOU STATE THAT THE PRIMARY ASSIGNMENT OF SERGEANT FLANAGAN WAS NOT WITH SPECIAL SERVICES, AND THAT DOUBT EXISTS AS TO WHETHER THE TRAVEL PERFORMED BY HIS UNDER THE ORDERS INVOLVED MAY BE CONSIDERED AS TRAVEL ON OFFICIAL BUSINESS. YOU ALSO STATE THAT THERE IS A DOUBT AS TO WHETHER HE MAY BE CONSIDERED IN THE SAME CATEGORY AS A COMMAND SUPERVISOR AS CONTEMPLATED IN PARAGRAPH 19C, AIR FORCE REGULATIONS 34 47.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253, PROVIDES FOR THIS PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL TY.' THE PHRASE,"PUBLIC BUSINESS" AS SO USED, RELATES TO THE ACTIVITIES OR FUNCTIONS OF THE SERVICE TO WHICH THE TRAVELER IS ATTACHED, AND THE TRAVEL AND TEMPORARY DUTY CONTEMPLATED IS THAT WHICH REASONABLY MAY BE CONSIDERED AS HAVING BEEN PERFORMED IN THE ACCOMPLISHMENT OF THE PURPOSE AND REQUIREMENTS OF SUCH ACTIVITIES AND FUNCTIONS. PARAGRAPH 6454 OF THE REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS (SUCH AS TRAVEL IN CONNECTION WITH NONOFFICIAL RECREATIONAL PROGRAMS) ARE NOT PAYABLE BY THE GOVERNMENT.

THE REGULATIONS GOVERNING THE AIR FORCE SPORTS PROGRAM ARE CONTAINED IN AIR FORCE REGULATIONS 34-47, DATED MAY 22, 1959. PARAGRAPH 1 OF THE REGULATIONS STATES THAT THE AIR FORCE SPORTS PROGRAM EMBRACES VOLUNTARY LEISURE-TIME SPORTS ACTIVITIES IN ALL ECHELONS OF COMMAND WITHIN THE AIR FORCE, AND THAT TO FURTHER THE "SPORTS AND RECREATION FOR ALL" POLICY OF THE AIR FORCE, COMMANDERS AT ALL LEVELS WILL ENCOURAGE AIR FORCE PERSONNEL TO PARTICIPATE EXTENSIVELY IN ORGANIZED COMPETITIVE SPORTS. PARAGRAPH 4 OF THE REGULATIONS PROVIDES THAT COMMANDERS AT ALL LEVELS OF OPERATION WILL PROVIDE FOR CONTINUED IN SERVICE TRAINING OF ASSIGNED AND VOLUNTEER PERSONNEL ENGAGED IN CONDUCTING SPORTS PROGRAMS. SUBPARAGRAPH 4A STATES THAT COMMANDERS ARE ENCOURAGED TO CONDUCT SPORTS ADMINISTRATORS-, COACHES- , AND OFFICIALS' CONFERENCES TO PROVIDE APPROPRIATE TRAINING FOR OFFICER, ENLISTED AND CIVILIAN PERSONNEL WHO CONDUCT COMMAND OR BASE SPORTS PROGRAMS. PARAGRAPH 19C OF THE REGULATIONS PROVIDES THAT LOCALLY AVAILABLE APPROPRIATED FUNDS WILL BE USED FOR THE PAYMENT OF TRAVEL AND PER DIEM EXPENSES COVERING DIRECTED TEMPORARY DUTY FOR PERSONNEL ACCOMPANYING TEAMS AS COMMAND SUPERVISORS.

WE HAVE CONSISTENTLY HELD THAT, IN GENERAL, PAYMENT FROM APPROPRIATED FUNDS OF TRAVEL EXPENSES AND PER DIEM TO MEMBERS IN CONNECTION WITH THEIR PARTICIPATION, OTHER THAN COMMAND SUPERVISION, IN SPORTS EVENTS AS A PART OF THE ATHLETIC AND RECREATIONAL PROGRAM OF THE AIR FORCE IS NOT AUTHORIZED SINCE SUCH TRAVEL MAY NOT BE CONSIDERED AS CONSTITUTING THE PERFORMANCE OF PUBLIC BUSINESS AS CONTEMPLATED BY THE APPLICABLE PROVISIONS OF THE STATUTE AND REGULATIONS. SEE B-138197, DATED FEBRUARY 6, 1959; B-133593, DATED OCTOBER 21, 1957; AND B-138950, DATED JUNE 25, 1959.

THE TEMPORARY DUTY PERFORMED BY SERGEANT FLANAGAN UNDER THE ORDERS OF AUGUST 28, 1959, WAS NOT FOR THE PURPOSE OF COMMAND SUPERVISION, BUT WAS FOR THE PURPOSE OF RECEIVING TRAINING TO QUALIFY HIM TO OFFICIATE AT SPORTS EVENTS. WHILE HIS PARTICIPATION IN THE SPORTS CLINIC MAY BE RECOGNIZED AS A PART OF THE ATHLETIC OR RECREATIONAL PROGRAM OF THE AIR FORCE GENERALLY, IT DOES NOT APPEAR TO BE AN ACTIVITY OR FUNCTION OF THE COMMAND TO WHICH HE WAS ATTACHED. HENCE, THE TRAVEL AND TEMPORARY DUTY PERFORMED BY HIM IN THE CIRCUMSTANCES SHOWN MAY NOT BE CONSIDERED AS CONSTITUTING THE PERFORMANCE OF PUBLIC BUSINESS ENTITLING HIM TO TRAVEL EXPENSES AND PER DIEM UNDER THE APPLICABLE PROVISIONS OF THE STATUTES AND REGULATIONS.

ACCORDINGLY, PAYMENT FROM APPROPRIATED FUNDS OF THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.