B-142982, JUN. 27, 1960

B-142982, JUN. 27, 1960

TO LIEUTENANT ERNEST MARES, USN:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 9, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MAY 5, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES DURING THE PERIOD JULY 17 TO 22, 1959.

BY GROUP TRAVEL ORDERS DATED JULY 17, 1959, ISSUED BY THE OFFICER IN CHARGE, UNITED STATES NAVAL GUIDED MISSILE GROUP ONE, CONTINENTAL UNITED STATES DETACHMENT, NAVAL MISSILE CENTER, POINT MUGU, CALIFORNIA, YOU AND TWO OTHER OFFICERS WERE DIRECTED TO PROCEED ON OR ABOUT JULY 18, 1959, TO THE FLEET AIRCRAFT SERVICE SQUADRON NINE, NAVAL AIR STATION, CECIL FIELD, JACKSONVILLE, FLORIDA, FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD OF ABOUT FIVE DAYS IN CONNECTION WITH THE ACCEPTANCE AND FERRYING OF AIRCRAFT. THE ITINERARY OF TRAVEL FILED WITH YOUR CLAIM SHOWS THAT YOU DEPARTED FROM POINT MUGU AT 4 P.M. ON JULY 17, 1959, AND TRAVELED BY GOVERNMENT TRANSPORTATION TO LOS ANGELES, CALIFORNIA. YOU ARRIVED THERE AT 5:30 P.M. AND OBTAINED COMMERCIAL AIR TRANSPORTATION TO JACKSONVILLE, FLORIDA. YOU ARRIVED THERE AT 3 P.M. ON JULY 18, 1959. ON JULY 20, 1959, YOU COMMENCED RETURN TRAVEL VIA GOVERNMENT TRANSPORTATION TO POINT MUGU AND ARRIVED THERE AT 3 P.M. ON JULY 22, 1959, AFTER MAKING STOPOVERS AT NEW ORLEANS, LOUISIANA, AND EL PASO, TEXAS. YOU CERTIFIED THAT GOVERNMENT QUARTERS WERE AVAILABLE AND UTILIZED DURING THE PERIOD INVOLVED EXCEPT FOR JULY 21, 1959, WHEN YOU REMAINED OVERNIGHT AT EL PASO, TEXAS. YOU NOW CLAIM REIMBURSEMENT FOR THE COST OF COMMERCIAL AIR TRANSPORTATION FROM LOS ANGELES, CALIFORNIA, TO JACKSONVILLE, FLORIDA, AND REIMBURSEMENT FOR ALL MEALS PURCHASED DURING THE PERIOD OF YOUR TEMPORARY DUTY.

PARAGRAPH 4100 OF THE JOINT TRAVEL REGULATIONS DEFINES "GROUP TRAVEL" AS A MOVEMENT OF THREE OR MORE MEMBERS TRAVELING IN A GROUP FOR WHICH TRANSPORTATION WILL BE FURNISHED BY GOVERNMENT CONVEYANCE OR TRANSPORTATION REQUEST FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION UNDER ONE ORDER WHICH IS SPECIFICALLY DESIGNATED BY THE ORDER ISSUING AUTHORITY AS A "GROUP TRAVEL ER.' PARAGRAPH 4101-2 OF THE REGULATIONS PROVIDES THAT IN LIEU OF A PER DIEM ALLOWANCE, A MEMBER TRAVELING UNDER GROUP TRAVEL ORDERS WILL BE SUBSISTED EN ROUTE BY MEALS PURCHASED OR FURNISHED BY THE GOVERNMENT, SUCH AS MEAL TICKETS, BOX LUNCHES, OR GOVERNMENT-PREPARED MEALS, INCLUDING FLIGHT RATIONS. IN THE EVENT SHELTERING FACILITIES OR THE ABOVE METHODS FOR SUBSISTING MEMBERS ARE NOT AVAILABLE WHILE EN ROUTE OR AT TEMPORARY DUTY POINTS ON DAYS OF ARRIVAL AT OR DEPARTURE THEREFROM, OR AT POINTS OF DELAY, MEMBERS WILL BE ENTITLED TO A PER DIEM ALLOWANCE AS AUTHORIZED IN PARAGRAPH 4205-3. PARAGRAPH 4205-3 PROVIDES THAT WHEN MEMBERS ARE REQUIRED TO PROCURE MEALS OR QUARTERS, OR BOTH, FROM COMMERCIAL OR NONAPPROPRIATED FUND SOURCES WHILE TRAVELING UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 4101-2 THEY WILL BE ENTITLED TO A PER DIEM ALLOWANCE OBTAINED BY MULTIPLYING THE NUMBER OF MEALS REQUIRED TO BE PROCURED AT PERSONAL EXPENSE BY $1.50, NOT TO EXCEED THREE MEALS FOR EACH CALENDAR DAY, PLUS ACTUAL EXPENSES FOR QUARTERS NOT IN EXCESS OF $7.50, PROVIDED THAT A RECEIPT SUBSTANTIATING SUCH EXPENDITURE FOR QUARTERS IS FILED IN SUPPORT OF THE CLAIM.

THE PER DIEM PAYABLE TO MEMBERS TRAVELING UNDER GROUP TRAVEL ORDERS IS AUTHORIZED FOR THE PURPOSE OF PROVIDING REIMBURSEMENT FOR THE ADDITIONAL SUBSISTENCE EXPENSES THEY INCUR BY REASON OF THEIR TEMPORARY ABSENCE FROM THE NORMAL LIVING ARRANGEMENTS AT THEIR PERMANENT DUTY STATIONS. IT IS NOT INTENDED TO COVER ALL EXPENSES FOR MEALS AND LODGINGS WHILE TRAVELING- -- ONLY THE EXCESS OVER THOSE THAT WOULD HAVE BEEN INCURRED AT THE PERMANENT STATION BUT FOR THE ABSENCE FROM THAT STATION. WITH RESPECT TO OFFICER PERSONNEL, SINCE THEY NORMALLY ARE REQUIRED TO PAY FOR MEALS AT A GOVERNMENT MESS--- AT THEIR REGULAR DUTY STATION OR ELSEWHERE--- AT A RATE WHICH IS COMMENSURATE WITH THE BASIC ALLOWANCE FOR SUBSISTENCE WHICH IS PAYABLE TO THEM AT ALL TIMES, THE CONCLUSION APPEARS REQUIRED THAT THE PER DIEM ALLOWANCE PROVISION IN PARAGRAPH 4205-3 OF THE REGULATIONS CONTEMPLATES A SITUATION WHERE A GOVERNMENT MESS IS UNAVAILABLE AND THEY ARE PUT TO ADDITIONAL EXPENSE FOR THE PURCHASE OF MEALS ELSEWHERE.

YOUR ORDERS OF JULY 17, 1959, DIRECTED YOU AND TWO OTHER OFFICERS TO TRAVEL IN A GROUP BY GOVERNMENT AIRCRAFT OR TRANSPORTATION REQUEST (AIR, RAIL, OR BUS) FROM POINT MUGU, CALIFORNIA, TO JACKSONVILLE, FLORIDA, AND RETURN, AND APPEAR TO HAVE INVOLVED THE GROUP SITUATION CONTEMPLATED BY THE REGULATIONS. THEREFORE, IN THE ABSENCE OF EVIDENCE THAT IN FLIGHT MEALS OR BOX LUNCHES WERE NOT AVAILABLE ON THE GOVERNMENT AIRCRAFT AND THAT GOVERNMENT MESS WAS NOT AVAILABLE AT CECIL FIELD, JACKSONVILLE, FLORIDA, PER DIEM ALLOWANCE IS NOT PAYABLE FOR SUCH PERIODS. HENCE, IT APPEARS YOU ARE ENTITLED TO THE SUM OF $9 ($1.50 TIMES 6) REPRESENTING REIMBURSEMENT FOR ONE MEAL ON JULY 17, 1959, AND TWO MEALS ON JULY 18, 1959, EN ROUTE TO JACKSONVILLE, AND FOR THREE MEALS ON JULY 21, 1959, WHEN YOU REMAINED OVERNIGHT AT EL PASO, TEXAS. NO REIMBURSEMENT MAY BE ALLOWED FOR QUARTERS OBTAINED AT EL PASO, TEXAS, IN THE ABSENCE OF A RECEIPT SUBSTANTIATING SUCH EXPENDITURE FOR QUARTERS. ALSO, SINCE GOVERNMENT TRANSPORTATION APPARENTLY WAS NOT AVAILABLE FOR TRAVEL FROM LOS ANGELES, CALIFORNIA, TO JACKSONVILLE, FLORIDA, AND SINCE THE ORDERS AUTHORIZED COMMERCIAL TRANSPORTATION UNDER SUCH CIRCUMSTANCES, REIMBURSEMENT IS AUTHORIZED IN THE SUM OF $147.55, REPRESENTING THE LOWEST FIRST-CLASS FARE FROM LOS ANGELES, CALIFORNIA, TO JACKSONVILLE, FLORIDA.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE ON THE BASIS INDICATED ABOVE, LESS THE SUM OF $6 PREVIOUSLY ALLOWED FOR PER DIEM ON JULY 19, 1959, WILL ISSUE IN DUE COURSE.