B-145845, JUN. 23, 1961

B-145845, JUN. 23, 1961

TO COLONEL JOHN W. MEDUSKY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1961, AND ENCLOSURES, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 5, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM INCIDENT TO TRAVEL BY PRIVATE AUTO FROM THE FIFTH ARMY HEADQUARTERS, CHICAGO, ILLINOIS, TO MADISON, WISCONSIN, AND RETURN TO YOUR HOME IN PARK FOREST (CHICAGO), ILLINOIS, ON NOVEMBER 2 AND 3, 1960. IN ADDITION YOU REQUEST A RULING ON SEVERAL QUESTIONS CONCERNING YOUR ENTITLEMENT TO PER DIEM FOR PERIODS WHILE GOING FROM YOUR RESIDENCE TO O-HARE AIRFIELD AND RETURN IN CONNECTION WITH OFFICIAL TRAVEL FOR THE PERFORMANCE OF DUTY AWAY FROM YOUR PERMANENT DUTY STATION AS EVIDENCED BY THE TWO COPIES OF PAID VOUCHERS ENCLOSED WITH YOUR LETTER. ALSO, HONORABLE AUGUST E. JOHANSEN, HOUSE OF REPRESENTATIVES, HAS ASKED US FOR A REPORT ON YOUR LETTER OF APRIL 26, 1961, TO HIM RELATIVE TO THIS MATTER.

BY ORDERS OF OCTOBER 28, 1960, HEADQUARTERS, FIFTH UNITED STATES ARMY, 1660 EAST HYDE PARK BOULEVARD, CHICAGO, ILLINOIS, YOU WERE DIRECTED TO PROCEED ON OR ABOUT NOVEMBER 3, 1960, FROM CHICAGO, ILLINOIS, TO MADISON, WISCONSIN, AND RETURN, FOR APPROXIMATELY ONE DAY OF TEMPORARY DUTY. THE MODE OF TRANSPORTATION WAS NOT SPECIFIED. PURSUANT TO THESE ORDERS YOU DEPARTED THE FIFTH UNITED STATES ARMY HEADQUARTERS FOR MADISON, WISCONSIN, BY PRIVATE AUTO, AT 1230 HOURS, NOVEMBER 2, 1960, AND RETURNED DIRECTLY TO YOUR HOME IN PARK FOREST, ILLINOIS, AT 1900 HOURS, NOVEMBER 3, 1960. PER DIEM WAS ALLOWED YOU FOR CONSTRUCTIVE TRAVEL BY RAIL FROM CHICAGO TO MADISON AND RETURN TO CHICAGO, YOUR PERMANENT DUTY STATION, PURSUANT TO SCHEDULES WHICH WOULD HAVE PERMITTED YOU TO CARRY OUT THE PURPOSES OF THE TRAVEL ORDERS. YOU CONTEND THAT TIME ALSO SHOULD BE INCLUDED FOR THE LAST PORTION OF THE JOURNEY FROM THE DOWNTOWN CHICAGO TERMINAL OF THE COMMON CARRIER TO YOUR PLACE OF RESIDENCE IN PARK FOREST. THE PRINCIPAL REASON GIVEN IN SUPPORT OF YOUR CONTENTION APPEARS TO BE THAT:

"* * * INASMUCH AS JTR SPECIFICALLY AUTHORIZES PAYMENT OF TRANSPORTATION COSTS TO PLACE OF RESIDENCE, IT WOULD APPEAR THAT THE TIME PERIOD REQUIRED TO ACCRUE THESE COSTS SHOULD LOGICALLY CONSTITUTE A PORTION OF THE TEMPORARY DUTY PERIOD. * * *"

THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO THE STATUTORY AUTHORITY CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4204-5 OF THE REGULATIONS PROVIDES THAT WHEN TRAVEL IS BY PRIVATELY OWNED CONVEYANCE AND THE ORDERS, SUCH AS THOSE DATED OCTOBER 28, 1960, DO NOT CONTAIN A STATEMENT THAT SUCH MODE OF TRAVEL IS MORE ADVANTAGEOUS TO THE GOVERNMENT, THE TOTAL PER DIEM PAYABLE SHALL NOT EXCEED THAT PAYABLE FOR CONSTRUCTIVE TRAVEL BY COMMON CARRIER OVER A USUALLY TRAVELED ROUTE. UNDER THE PROVISIONS OF PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY ACCRUE ONLY WHILE THE MEMBER IS IN A TRAVEL STATUS; AND IT IS PROVIDED THAT A TRAVEL STATUS COMMENCES WITH DEPARTURE FROM THE PERMANENT DUTY STATION AND TERMINATES WITH RETURN TO THE PERMANENT DUTY STATION. THE TERM "PERMANENT DUTY STATION" IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS EXTENDING TO THE LIMITS OF THE CITY OR TOWN IN WHICH A MEMBER IS STATIONED OR, IF NOT STATIONED IN A CITY OR TOWN, TO THE LIMITS OF THE RESERVATION, STATION OR ESTABLISHED AREA. FOR THE PURPOSES OF ENTITLEMENT TO PER DIEM, A MEMBER'S DUTY STATION HAS BEEN HELD TO INCLUDE THE PLACE FROM WHICH HE COMMUTES DAILY TO HIS STATION, 34 COMP. GEN. 549. PARAGRAPH 4401 OF THE REGULATIONS PROVIDES FOR REIMBURSEMENT OF TAXICAB, BUS, STREETCAR, SUBWAY OR OTHER PUBLIC CARRIER FARES BETWEEN PLACES OF ABODE, LODGING, OR PLACE OF DUTY AND STATIONS, WHARVES, AIRPORTS OR OTHER LOCAL TERMINALS OF THE COMMERCIAL MODES OF TRANSPORTATION USED IN PERFORMING THE ORDERED TRAVEL. ALSO, THAT PARAGRAPH PROVIDES THAT, IN LIEU OF REIMBURSEMENT FOR SUCH PUBLIC MEANS OF TRANSPORTATION TO AND FROM THE LOCAL TERMINAL OF THE COMMERCIAL MODE OF TRANSPORTATION USED, THE MEMBER MAY BE REIMBURSED AT THE RATE OF SEVEN CENTS PER MILE FOR THE USE OF A PRIVATELY OWNED CONVEYANCE IN PERFORMING SUCH TRAVEL TO AND FROM THE LOCAL STATION, AIRPORT OR OTHER TERMINAL. IN VIEW OF THE SPECIFIC PROVISIONS OF THE REGULATIONS, HOWEVER, WITH RESPECT TO THE TIME ALLOWABLE IN THE COMPUTATION OF PER DIEM AUTHORIZED FOR TRAVEL BY COMMON CARRIER, WE HAVE NOT CONSIDERED THE ABOVE PROVISIONS AUTHORIZING REIMBURSEMENT FOR TRAVEL TO AND FROM THE LOCAL TERMINAL OF THE COMMERCIAL CARRIER AS AUTHORIZING THE INCLUSION OF THE TIME NECESSARY TO PERFORM SUCH TRAVEL IN THE PER DIEM COMPUTATION. SEE THE ENCLOSED COPY OF DECISION OF JULY 12, 1960, B-141930 (40 COMP. GEN. 7). ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL PER DIEM BY THE SETTLEMENT OF APRIL 5, 1961, WAS CORRECT AND IS SUSTAINED.

THE JURISDICTION OF OUR OFFICE IS SUCH THAT WE MAY NOT RENDER A DECISION AT YOUR REQUEST ON THE QUESTIONS PRESENTED WHICH WERE NOT INVOLVED IN THE SETTLEMENT OF YOUR CLAIM. HOWEVER IT IS BELIEVED THAT OUR DECISION OF JULY 12, 1960, AND OUR DECISION OF DECEMBER 23, 1959, B-126978 (39 ..END :