B-142359, JUL. 1, 1960

B-142359: Jul 1, 1960

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REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED TO BE MADE ON THE SUBMITTED VOUCHER IN FAVOR OF FIRST LIEUTENANT EUGENE E. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-8 BY THE PER DIEM. NO MILITARY TRANSPORTATION WAS AVAILABLE FOR TRAVEL FROM THE AIRPORT TO THE ONLY AVAILABLE QUARTERS IN RIO DE JANEIRO. THAT THE ONLY MEANS OF TRANSPORTATION AVAILABLE WAS BY COMMERCIAL TAXICAB. THAT THREE TAXICABS WERE REQUIRED TO TRANSPORT 11 CREW MEMBERS AND THEIR BAGGAGE A DISTANCE OF APPROXIMATELY 20 MILES FROM THE AIRPORT TO A HOTEL IN RIO DE JANEIRO. THAT THE TAXICAB FARE PAID BY HIM WAS $16.92. THE OFFICER'S CLAIM IS FOR REIMBURSEMENT OF THAT AMOUNT. YOU QUESTION WHETHER PAYMENT OF THE CLAIM IS AUTHORIZED AND PRESENT THE FOLLOWING QUESTIONS: "A.

B-142359, JUL. 1, 1960

TO CAPTAIN K. P. RITTER, ACCOUNTING AND FINANCE OFFICER:

BY LETTER DATED MARCH 9, 1960, THE CHIEF, TRAVEL BRANCH, PAY AND TRAVEL DIVISION, HEADQUARTERS, UNITED STATES AIR FORCE, FORWARDED HERE YOUR LETTER OF NOVEMBER 25, 1959, AND ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED TO BE MADE ON THE SUBMITTED VOUCHER IN FAVOR OF FIRST LIEUTENANT EUGENE E. MORING, JR., FOR TAXICAB FARE PAID BY HIM ON AUGUST 9, 1959, IN THE CIRCUMSTANCES SHOWN. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-8 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

FLIGHT ORDER NO. 849, DATED AUGUST 5, 1959, DIRECTED FIRST LIEUTENANT EUGENE E. MORING, JR., AND OTHER NAMED CREW MEMBERS, TO PROCEED ON OR ABOUT AUGUST 6, 1959, FROM CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, TO RIO DE JANEIRO, BRAZIL, FOR THE PURPOSE OF PERFORMING A SCHEDULED TRANSPORT MISSION, AND UPON COMPLETION OF THE MISSION RETURN TO CHARLESTON AIR FORCE BASE. SUCH ORDERS DESIGNATED LIEUTENANT MORING AS AIRCRAFT COMMANDER. HE HAS CERTIFIED THAT UPON ARRIVAL AT CALEAO AIRPORT, RIO DE JANEIRO, AT 2300 HOURS ON AUGUST 9, 1959, NO MILITARY TRANSPORTATION WAS AVAILABLE FOR TRAVEL FROM THE AIRPORT TO THE ONLY AVAILABLE QUARTERS IN RIO DE JANEIRO; THAT THE ONLY MEANS OF TRANSPORTATION AVAILABLE WAS BY COMMERCIAL TAXICAB; THAT THREE TAXICABS WERE REQUIRED TO TRANSPORT 11 CREW MEMBERS AND THEIR BAGGAGE A DISTANCE OF APPROXIMATELY 20 MILES FROM THE AIRPORT TO A HOTEL IN RIO DE JANEIRO; AND THAT THE TAXICAB FARE PAID BY HIM WAS $16.92. THE OFFICER'S CLAIM IS FOR REIMBURSEMENT OF THAT AMOUNT.

YOU QUESTION WHETHER PAYMENT OF THE CLAIM IS AUTHORIZED AND PRESENT THE FOLLOWING QUESTIONS:

"A. MAY MEMBERS OF MATS CREWS BE AUTHORIZED REIMBURSABLE EXPENSES SUCH AS TAXI CAB FARES UNDER THE PROVISIONS OF PART I, CHAP. 4, JOINT TRAVEL REGULATIONS?

"B. IF THE ANSWER TO THE ABOVE IS IN THE NEGATIVE, DOES THIS PRECLUDE REIMBURSEMENT FOR TRANSPORTATION WITHIN AND AROUND THE LIMITS OF THE TEMPORARY DUTY STATION TO WHICH MEMBERS ARE ENTITLED UNDER THE PROVISIONS OF PUBLIC LAW 766, 83RD CONGRESS, OR CAN PAYMENT TO LT. MORING BE EFFECTED IN ACCORDANCE WITH PARAGRAPH 50606, AFM 173-40, AND PARAGRAPH 100106, AFM 75-1.'

SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 815, PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES ON DUTY WITH OR UNDER TRAINING FOR THE MILITARY AIR TRANSPORT SERVICE AND AWAY FROM HIS PERMANENT STATION MAY BE PAID A PER DIEM IN LIEU OF SUBSISTENCE IN AN AMOUNT NOT TO EXCEED THAT TO WHICH HE WOULD BE ENTITLED IF PERFORMING TEMPORARY DUTY TRAVEL, WITHOUT IN EITHER CASE THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL.

PARAGRAPH 5150, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ON DUTY WITH OR UNDER TRAINING FOR THE MILITARY AIR TRANSPORT SERVICE, WHILE AWAY FROM THEIR PERMANENT STATION, ARE AUTHORIZED PER DIEM AS CONTAINED IN CHAPTER 4, PARTS E AND F, WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL.

PARTS E AND F OF CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS PROVIDE FOR THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES FOR ALL PERIODS OF TRAVEL AND TEMPORARY DUTY UNDER COMPETENT ORDERS IN THE UNITED STATES AND OUTSIDE THE UNITED STATES, RESPECTIVELY, EXCEPT UNDER THE CIRCUMSTANCES SET FORTH UNDER THESE PARTS. PART 1 OF CHAPTER 4, COVERS REIMBURSABLE EXPENSES FOR MEMBERS IN A TRAVEL STATUS INCLUDING (PARAGRAPH 4401) TAXICAB FARES BETWEEN PLACES OF LODGING AND CARRIER TERMINALS. APPEARS, HOWEVER, THAT MEMBERS WHOSE REGULARLY ASSIGNED DUTY CONSIST OF PERFORMING SCHEDULE FLIGHTS FROM A PERMANENT STATION TO SOME OTHER POINT AND RETURN, NORMALLY WOULD NOT BE CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY AS CONTEMPLATED BY PARTS E, F AND I OF CHAPTER 4. THEREFORE, THE JOINT TRAVEL REGULATIONS PROVIDE (PARAGRAPH 5150) THAT MEMBERS ON DUTY WITH OR UNDER TRAINING FOR THE MILITARY AIR TRANSPORT SERVICE WHILE AWAY FROM THEIR PERMANENT STATION ARE AUTHORIZED PER DIEM ALLOWANCES AS CONTAINED PARTS E AND F OF CHAPTER 4 WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL. NO PROVISION IS MADE, NOR DOES THERE APPEAR TO BE AUTHORITY TO INCLUDE IN THE JOINT TRAVEL REGULATIONS A PROVISION FOR REIMBURSING SUCH MEMBERS FOR ANY OF THE EXPENSES COVERED BY PARAGRAPH 4401 OF THE JOINT TRAVEL REGULATIONS, SINCE THE AUTHORITY CONTAINED IN SECTION 303 (D) OF THE 1949 ACT IS LIMITED TO PAYMENT OF PER DIEM. SEE B-134631, DATED JANUARY 28, 1958. ACCORDINGLY, PAYMENT OF THE CLAIM IS NOT AUTHORIZED UNDER THE CITED PROVISIONS OF LAW AND REGULATIONS AND QUESTION A IS ANSWERED IN THE NEGATIVE.

SECTION 303 (A) OF THE 1949 ACT PROVIDES THAT THE SECRETARIES OF THE VARIOUS UNIFORMED SERVICES MAY PRESCRIBE THE CONDITIONS UNDER WHICH THE TRAVEL AND TRANSPORTATION ALLOWANCE THEREIN PROVIDED SHALL BE AUTHORIZED. THAT AUTHORITY IS LIMITED TO CIRCUMSTANCES INVOLVING A TRAVEL STATUS AWAY FROM THE MEMBER'S DESIGNATED POST OF DUTY. HOWEVER, SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 491 (M), PROVIDES ADDITIONAL AUTHORITY FOR THE SECRETARIES TO ISSUE REGULATIONS COVERING THE PROCUREMENT OF TRANSPORTATION WITHIN THE LIMITS OF THE DUTY STATION IN THE FOLLOWING LANGUAGE:

"MEMBERS OF THE UNIFORMED SERVICES (AS DEFINED IN THE CAREER COMPENSATION ACT OF 1949, AS AMENDED) MAY BE DIRECTED BY APPROPRIATE REGULATION OF THE HEAD OF THE EXECUTIVE AGENCY IN WHICH THEY ARE SERVING TO SECURE TRANSPORTATION NECESSARY IN CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS. EXPENSES SO INCURRED BY SUCH MEMBERS FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, OR FOR USE OF PRIVATELY OWNED VEHICLES AT A FIXED RATE PER MILE, SHALL BE DEFRAYED BY THE AGENCY IN WHICH THEY ARE SERVING, OR THE PERSONNEL SO DIRECTED SHALL BE REIMBURSED FOR SUCH EXPENSES.'

IMPLEMENTING REGULATIONS APPLICABLE TO MEMBERS OF THE UNITED STATES AIR FORCE ARE CONTAINED IN PARAGRAPH 100106, AIR FORCE MANUAL 75-1, DATED FEBRUARY 10, 1959, SUBPARAGRAPH E OF WHICH PROVIDES THAT LOCAL TRANSPORTATION IN CONNECTION WITH DUTY DIRECTED BY TRAVEL ORDERS IS NOT INCLUDED WITHIN THE PURVIEW OF THAT MANUAL, SUCH TRANSPORTATION BEING GOVERNED BY THE JOINT TRAVEL REGULATIONS, AND THAT "LOCAL TRANSPORTATION MAY NOT BE PROVIDED FOR TRAVEL FROM THE PLACE OF RESIDENCE TO THE PLACE OF EMPLOYMENT.'

IF, AS APPEARS, THE TRAVEL OF LIEUTENANT MORING AND THE MEMBERS OF HIS CREW BY TAXICAB FROM THE AIRPORT TO QUARTERS IN RIO DE JANEIRO WAS PERFORMED SOLELY FOR THE PURPOSE OF SECURING LODGINGS, IT PROPERLY MAY NOT BE CONCLUDED THAT THE EXPENSE OF THEIR TRAVEL FROM THE AIRPORT TO QUARTERS IN RIO DE JANEIRO WAS A TRANSPORTATION EXPENSE NECESSARILY INCURRED IN CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATION AS CONTEMPLATED BY THE PROVISIONS OF SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, AND IMPLEMENTING REGULATIONS ISSUED UNDER THAT ACT. QUESTION B IS ANSWERED IN THE NEGATIVE.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER WILL BE RETAINED HERE.