B-145775, JUL. 6, 1961

B-145775: Jul 6, 1961

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YOU WERE DETACHED FROM YOUR DUTY STATION IN HAWAII ON JUNE 25. WHERE YOU WERE TO REPORT UPON EXPIRATION OF LEAVE. ADVISING YOU THAT YOUR WIFE WAS ON THE CRITICAL LIST AT MADIGAN GENERAL HOSPITAL. YOU WERE ADVISED THAT SPACE WAS AVAILABLE FOR YOU ALONE THAT EVENING. PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE IS AVAILABLE BUT MEMBER ELECTS TO PERFORM TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE. WHILE IT MAY BE THAT THERE WOULD HAVE BEEN A DELAY OF ABOUT THREE DAYS IN FURNISHING GOVERNMENT TRANSPORTATION TO YOU AND YOUR CHILDREN. YOU WERE NOT REQUIRED BY YOUR ORDERS TO COMMENCE TRAVEL IMMEDIATELY UPON YOUR DETACHMENT ON JUNE 25TH IN ORDER TO ARRIVE AT YOUR NEW DUTY STATION IN COMPLIANCE WITH YOUR ORDERS.

B-145775, JUL. 6, 1961

TO COMMANDER CHARLES E. MULLIGAN, USN:

BY SECOND ENDORSEMENT DATED APRIL 20, 1961, THE CHIEF OF NAVAL PERSONNEL FORWARDED YOUR LETTER OF APRIL 6, 1961, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 3, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR TRAVEL AND YOUR DEPENDENTS' TRAVEL FROM HONOLULU, HAWAII, TO OLYMPIA, WASHINGTON, DURING THE PERIOD JUNE 25 TO 26, 1960.

BY ORDERS DATED FEBRUARY 8, 1960, AS AMENDED BY ORDERS OF JUNE 25, 1960, YOU WERE DETACHED FROM YOUR DUTY STATION IN HAWAII ON JUNE 25, 1960, AND ASSIGNED TO DUTY AT WASHINGTON, D.C., WHERE YOU WERE TO REPORT UPON EXPIRATION OF LEAVE. THE ORDERS DIRECTED THE USE OF GOVERNMENT TRANSPORTATION, IF AVAILABLE, AND AUTHORIZED CONCURRENT TRAVEL OF DEPENDENTS.

IT APPEARS THAT ON SATURDAY MORNING, JUNE 25, 1960, YOU RECEIVED A LONG DISTANCE TELEPHONE CALL FROM OLYMPIA, WASHINGTON, ADVISING YOU THAT YOUR WIFE WAS ON THE CRITICAL LIST AT MADIGAN GENERAL HOSPITAL, TACOMA, WASHINGTON. ON THE SAME DAY YOU CALLED THE FOURTEENTH NAVAL DISTRICT TRANSPORTATION OFFICE AND REQUESTED AIR TRANSPORTATION AS SOON AS POSSIBLE TO THE UNITED STATES FOR YOU AND YOUR FOUR BOYS. YOU WERE ADVISED THAT SPACE WAS AVAILABLE FOR YOU ALONE THAT EVENING, THE SPACE FOR YOU AND THE BOYS MIGHT BE AVAILABLE THE NEXT DAY, AND THAT DEFINITELY SPACE WOULD BE AVAILABLE FOR YOU AND THE BOYS ON MONDAY JUNE 27, 1960. YOU SAY THAT SINCE YOU COULD NOT AFFORD A DELAY OR LEAVE YOUR CHILDREN BEHIND, YOU AND THE BOYS PERFORMED THE TRAVEL TO TACOMA, WASHINGTON, ON JUNE 25, 1960, VIA COMMERCIAL AIR.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION OR OTHERWISE. PARAGRAPH 4150-2 (2), JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT SECTION, PROVIDES THAT WHERE TRAVEL IS DIRECTED TO BE PERFORMED BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE IS AVAILABLE BUT MEMBER ELECTS TO PERFORM TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, NO REIMBURSEMENT SHALL BE AUTHORIZED FOR MILEAGE OR TRANSPORTATION ALLOWANCE AND PER DIEM.

WHILE IT MAY BE THAT THERE WOULD HAVE BEEN A DELAY OF ABOUT THREE DAYS IN FURNISHING GOVERNMENT TRANSPORTATION TO YOU AND YOUR CHILDREN, YOU WERE NOT REQUIRED BY YOUR ORDERS TO COMMENCE TRAVEL IMMEDIATELY UPON YOUR DETACHMENT ON JUNE 25TH IN ORDER TO ARRIVE AT YOUR NEW DUTY STATION IN COMPLIANCE WITH YOUR ORDERS. THE FACT THAT FOR PERSONAL REASONS YOU DESIRED IMMEDIATE TRANSPORTATION BECAUSE OF THE ILLNESS OF YOUR WIFE WOULD NOT APPEAR TO INCREASE YOUR RIGHTS IN THE MATTER.

SINCE YOUR ORDERS CLEARLY DIRECTED YOU TO TRAVEL BY GOVERNMENT TRANSPORTATION IF AVAILABLE, AND SINCE THE RECORD SHOWS THAT GOVERNMENT AIR TRANSPORTATION WOULD HAVE BEEN AVAILABLE TO YOU WITHIN A REASONABLE TIME AFTER YOUR DETACHMENT ON JUNE 25, 1960, THE APPLICABLE REGULATIONS (PARAGRAPH 4150-2 (2), JOINT TRAVEL REGULATIONS) BAR PAYMENT OF YOUR CLAIM. SEE 31 COMP. GEN. 572.

CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL, SINCE NO ORDERS WERE ISSUED SPECIFICALLY DIRECTING THE USE OF GOVERNMENT TRANSPORTATION BY THEM, IT APPEARS THAT THEY ARE TO BE VIEWED AS HAVING BEEN AUTHORIZED RATHER THAN DIRECTED TO USE GOVERNMENT TRANSPORTATION IF AVAILABLE. SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE BY MILITARY AIR TRANSPORT SERVICE FOR YOUR DEPENDENTS FROM HAWAII TO THE UNITED STATES, WITHIN THE CONTEMPLATION OF PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS, THERE IS NO AUTHORITY FOR REIMBURSEMENT IN THE FULL AMOUNT OF THE COST OF COMMERCIAL AIR TRAVEL BETWEEN THOSE POINTS. HOWEVER, SINCE YOU WERE ENTITLED UNDER THE LAWS AND REGULATIONS TO YOUR DEPENDENTS' TRANSPORTATION IN KIND, IT APPEARS YOU PROPERLY MAY BE REIMBURSED ON THE BASIS OF THE ESTABLISHED MILITARY AIR TRANSPORT SERVICE CHARGE THAT WOULD HAVE BEEN SUSTAINED BY THE NAVY HAD YOUR DEPENDENTS TRAVELED FROM HAWAII TO THE WEST COAST PORT OF ENTRY. SEE 40 COMP. GEN. 482.

ACCORDINGLY, SETTLEMENT FOR THE AMOUNT FOUND DUE YOU FOR YOUR DEPENDENTS' TRAVEL ON THE FOREGOING BASIS WILL ISSUE IN YOUR FAVOR IN DUE COURSE.