B-143130, AUG. 24, 1960

B-143130: Aug 24, 1960

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HUGHETT: REFERENCE IS MADE TO YOUR SECOND INDORSEMENT OF MAY 3. YOU WERE ALLOWED $204 AS REIMBURSEMENT FOR EXPENSES INVOLVED IN TRAVEL FROM SAIGON. THE AMOUNT ALLOWED WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $816. SUCH ACTION WAS BASED ON AN OFFICIAL REPORT MADE IN YOUR CASE THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL TO THE UNITED STATES VIA THE PACIFIC ROUTE. TRANSPORTATION REPORTS RECEIVED IN CONNECTION WITH OTHER SIMILAR CLAIMS NOW BEFORE US CAST DOUBT ON THE ACCURACY OF THE REPORT FURNISHED IN YOUR CASE AND TEND TO SUBSTANTIATE YOUR CONTENTION THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE TO YOU. YOU WERE RELIEVED FROM ASSIGNMENT WITH THE UNITED STATES ARMY ELEMENT MILITARY ASSISTANCE ADVISORY GROUP.

B-143130, AUG. 24, 1960

TO LIEUTENANT COLONEL RALPH H. HUGHETT:

REFERENCE IS MADE TO YOUR SECOND INDORSEMENT OF MAY 3, 1960, AND ENCLOSURES, FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, ON MAY 27, 1960, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PER DIEM AND MILEAGE FOR TRAVEL PERFORMED BY YOU FROM SAIGON, VIETNAM, TO CARLISLE BARRACKS, PENNSYLVANIA, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS DATED MARCH 25, 1958.

BY OUR SETTLEMENT DATED DECEMBER 3, 1959, YOU WERE ALLOWED $204 AS REIMBURSEMENT FOR EXPENSES INVOLVED IN TRAVEL FROM SAIGON, VIETNAM, TO CARLISLE BARRACKS, PENNSYLVANIA, UNDER ORDERS DATED MARCH 25, 1958. THE AMOUNT ALLOWED WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $816, REPRESENTING AN AMOUNT EXPENDED BY THE GOVERNMENT FOR TRAVEL PERFORMED BY YOU IN RETURNING TO THE UNITED STATES. SUCH ACTION WAS BASED ON AN OFFICIAL REPORT MADE IN YOUR CASE THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL TO THE UNITED STATES VIA THE PACIFIC ROUTE. HOWEVER, TRANSPORTATION REPORTS RECEIVED IN CONNECTION WITH OTHER SIMILAR CLAIMS NOW BEFORE US CAST DOUBT ON THE ACCURACY OF THE REPORT FURNISHED IN YOUR CASE AND TEND TO SUBSTANTIATE YOUR CONTENTION THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE TO YOU.

BY ORDERS DATED MARCH 25, 1958, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE UNITED STATES ARMY ELEMENT MILITARY ASSISTANCE ADVISORY GROUP, SAIGON, VIETNAM, AND DIRECTED TO PROCEED ON OR ABOUT MAY 16, 1958, TO YOUR NEW DUTY STATION, CARLISLE BARRACKS, PENNSYLVANIA. DELAY EN ROUTE CHARGEABLE AS LEAVE WAS AUTHORIZED. THE ORDERS AUTHORIZED TRAVEL TO THE EAST COAST PORT OF EMBARKATION VIA ATLANTIC ROUTE, BUT STATED THAT ALL COSTS IN EXCESS OF NORMAL COSTS VIA PACIFIC ROUTE TO DESTINATION MUST BE BORNE BY OFFICER. PAYMENT OF PER DIEM WAS AUTHORIZED, NOT TO EXCEED THAT AUTHORIZED FOR TRAVEL VIA NORMAL PACIFIC ROUTE. TRAVEL BY MILITARY OR COMMERCIAL AIRCRAFT OR SURFACE CARRIER WAS AUTHORIZED.

THE ITINERARY AND SCHEDULE OF COSTS YOU SUBMITTED SHOWS YOU LEFT SAIGON, VIETNAM, MAY 16, 1958, AND TRAVELED BY COMMERCIAL AIR TO BANGKOK, THAILAND, THENCE TO PARIS, FRANCE. YOU TRAVELED BY RAIL FROM PARIS, FRANCE, TO NAPLES, ITALY, AND BY SURFACE TRANSPORTATION ON A COMMERCIAL VESSEL FROM NAPLES TO NEW YORK, NEW YORK, WHERE YOU ARRIVED ON JULY 2, 1958. YOU TRAVELED FROM THERE BY PRIVATELY OWNED VEHICLE TO YOUR NEW DUTY STATION, CARLISLE BARRACKS, PENNSYLVANIA, WHERE YOU REPORTED ON AUGUST 4, 1958. YOUR CLAIM VOUCHER SHOWS THAT YOU WERE FURNISHED A TRANSPORTATION REQUEST BY THE TRANSPORTATION OFFICER AT SAIGON, VIETNAM, FOR TRAVEL AT GOVERNMENT EXPENSE FROM BANGKOK, THAILAND, TO PARIS, FRANCE, AND FROM NAPLES, ITALY, TO NEW YORK, NEW YORK. THE VOUCHER ALSO LISTS INCIDENTAL EXPENSES FOR TAXI FARES AND BAGGAGE HANDLING CHARGES TOTALING $5.05.

THE RECORD NOW SHOWS THAT YOU WERE PERMITTED TO TRAVEL AT GOVERNMENT EXPENSE TO THE EAST COAST PORT OF ENTRY VIA THE ATLANTIC ROUTE BECAUSE GOVERNMENT AIR AND SURFACE TRANSPORTATION WERE UNAVAILABLE, DURING THE PERIOD OF YOUR TRAVEL, VIA THE PACIFIC ROUTE WHICH IS THE USUALLY TRAVELED ROUTE. IT APPEARS TO BE YOUR VIEW THAT SINCE GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FOR YOUR TRAVEL TO THE UNITED STATES, YOUR CLAIM SHOULD BE SETTLED ON THAT BASIS.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES ON OFFICIAL BUSINESS AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). UNDER THE PROVISIONS OF PARAGRAPH 4159, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED, A MEMBER TRAVELING TO THE UNITED STATES ON PERMANENT CHANGE OF STATION FROM AN OVERSEAS STATION UNDER ORDERS WHICH DID NOT SPECIFY GROUP TRAVEL OR DIRECT A SPECIAL MODE OF TRANSPORTATION WAS REQUIRED TO PERFORM TRANSOCEANIC TRAVEL BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE. IF SUCH TRANSPORTATION WAS NOT AVAILABLE, THEN HE WAS ENTITLED TO GOVERNMENT PROCURED COMMERCIAL TRANSPORTATION OR TO REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE. UNDER THE STATUTE AND REGULATIONS, THE GOVERNMENT'S OBLIGATION IS LIMITED TO FURNISHING A MEMBER TRANSPORTATION OR REIMBURSEMENT THEREFOR FROM HIS OLD TO HIS NEW DUTY STATION.

THE CONSTRUCTIVE COST OF TRAVEL TO YOUR NEW STATION VIA THE PACIFIC ROUTE WOULD HAVE BEEN APPROXIMATELY $1,508.76 COMPUTED AS FOLLOWS: COMMERCIAL AIR TRANSPORTATION FROM SAIGON TO SAN FRANCISCO, CALIFORNIA, $816; SHIPPING 135 POUNDS OF EXCESS BAGGAGE $497.76; MILEAGE FROM SAN FRANCISCO TO CARLISLE BARRACKS, PENNSYLVANIA, $177; AND PER DIEM AT $9 FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME, OR $18. YOU WERE ENTITLED UNDER YOUR ORDERS TO REIMBURSEMENT FOR THE EXPENSES INVOLVED FOR TRAVEL AS ACTUALLY PERFORMED BY YOU NOT TO EXCEED THE COST COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL VIA THE PACIFIC ROUTE.

YOU WERE FURNISHED TRANSPORTATION FROM BANGKOK, THAILAND, TO PARIS, FRANCE, AND FROM NAPLES, ITALY, TO NEW YORK, NEW YORK, AT A COST TO THE GOVERNMENT OF $816. YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL AT PERSONAL EXPENSE FROM SAIGON TO BANGKOK, THAILAND ($44.80), NO AMERICAN FLAG CARRIER BEING AVAILABLE TO YOU FOR SUCH TRAVEL; MILEAGE FROM PARIS, FRANCE, TO NAPLES, ITALY, 1,034 MILES AT 5 CENTS A MILE ($51.70); MILEAGE FROM NEW YORK, NEW YORK, TO CARLISLE BARRACKS, PENNSYLVANIA, 197 MILES AT 6 CENTS A MILE ($11.82); AND FOR BAGGAGE HANDLING CHARGES AND TAXICAB FARES OF $5.05 AS CLAIMED BY YOU. ALSO, YOU ARE ENTITLED TO PER DIEM AT $9 A DAY FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME FROM SAIGON TO SAN FRANCISCO ($18), SINCE YOUR ORDERS OF MARCH 25, 1958, SPECIFICALLY LIMITED PER DIEM TO THAT AUTHORIZED FOR TRAVEL VIA THE PACIFIC ROUTE. THE TOTAL AMOUNT DUE ON YOUR CLAIM IS $131.37. A SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE, AND THE DEBT CHARGED AGAINST YOU IS CANCELLED.