B-146360, OCT. 6, 1961

B-146360, OCT. 6, 1961

TO MR. BARRY M. BARD:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 10, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED FROM NAVAL AIR STATION, CECIL FIELD, FLORIDA, TO NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, DURING THE PERIOD FEBRUARY 26-27, 1958, INCIDENT TO CHANGE OF STATION ORDERS DATED SEPTEMBER 12, 1957.

BY ORDERS OF SEPTEMBER 12, 1957, YOU WERE DETACHED FROM THE NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, AND DIRECTED TO PROCEED TO THE NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, FOR INSTRUCTION AND FURTHER ASSIGNMENT AFTER COMPLETION OF APPROXIMATELY FIVE MONTHS' TEMPORARY DUTY AT THE NAVAL AIR STATION, CECIL FIELD, JACKSONVILLE, FLORIDA. FOURTEEN DAYS' DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED WITH OCTOBER 3, 1957, BEING DESIGNATED AS THE DATE FOR REPORTING AT CECIL FIELD.

THE ORDERS FURTHER PROVIDED FOR INDIVIDUAL TRAVEL BY COMMERCIAL TRANSPORTATION AND ADVANCE PAYMENT OF MILEAGE BY THE DISBURSING OFFICER WAS AUTHORIZED. NOTATIONS ON THE ORIGINAL ORDERS REFLECT THAT YOU WERE PAID A TRAVEL ADVANCE OF $51.06 AT BAINBRIDGE ON SEPTEMBER 16, 1957; MILEAGE OF $51.36 AT CECIL FIELD ON OCTOBER 17, 1957; AND A TRAVEL ADVANCE OF $68 ON FEBRUARY 25, 1958, ALSO AT CECIL FIELD. THE GREAT LAKES NAVAL TRAINING CENTER DETERMINED THAT YOUR TRAVEL AND THAT OF TWO OTHER MEMBERS TO THAT STATION FROM CECIL FIELD MET THE REQUISITES FOR GROUP TRAVEL STATUS AND IT IS INDICATED THAT AFTER VERIFICATION WITH THE AIR STATION AT CECIL FIELD THE ADVANCE OF $68 FOR INDIVIDUAL TRAVEL FROM CECIL FIELD TO GREAT LAKES WAS ENTERED IN YOUR PAY RECORDS FOR COLLECTION AS AN IMPROPER PAYMENT AND THAT NO FURTHER PAYMENT FOR SUCH TRAVEL HAS BEEN MADE.

YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL WAS DISALLOWED BY SETTLEMENT DATED AUGUST 10, 1960, FOR THE REASON THAT PAYMENT OF TRAVEL ALLOWANCES WAS NOT AUTHORIZED INASMUCH AS THE PROVISIONS OF ARTICLE C 5403A (2) (A), BUREAU OF NAVAL PERSONNEL MANUAL, AS SUPPLEMENTED BY INSTRUCTIONS CONTAINED IN NAVACT 2-57, FEBRUARY 12, 1957, AND NAVACT 6 57, APRIL 11, 1957, REQUIRED THE TRAVEL TO BE PERFORMED ON A GROUP TRAVEL BASIS IN SUCH CIRCUMSTANCES AND SINCE YOUR CLAIM WAS UNSUPPORTED BY ANY ACCEPTABLE EVIDENCE OF ACTUAL EXPENDITURES FOR TRAVEL BY COMMON CARRIER, THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR THE TRAVEL PERFORMED.

YOU CONTEND THAT SINCE YOUR ORDERS PROVIDED FOR 14 DAYS' DELAY ON ROUTE TO COUNT AS LEAVE, INDIVIDUAL ORDERS WERE PROPERLY AUTHORIZED UNDER THE PROVISIONS OF ARTICLE C-5403A (2) (A), BUREAU OF NAVAL PERSONNEL MANUAL, AND REQUEST THAT THE DISALLOWANCE BE SET ASIDE AND YOU BE RELIEVED OF ANY REPAYMENT FOR ADVANCE TRAVEL RECEIVED.

PARAGRAPH (2) (A), ARTICLE C-5403A OF THE BUREAU OF NAVAL PERSONNEL MANUAL, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"WHEN ISSUED TO THREE OR MORE MEMBERS TRAVELING TOGETHER AT THE SAME TIME FROM THE SAME POINT OF ORIGIN TO THE SAME DESTINATION ON EITHER PERMANENT CHANGE OF STATION, TEMPORARY DUTY, OR TEMPORARY ADDITIONAL DUTY, THE ORDER ISSUING AUTHORITY SHALL DESIGNATE THE ORDER AS A "GROUP TRAVEL ORDER" * * * IF MEMBERS ARE GRANTED PERMISSION TO PERFORM TRAVEL AT OWN EXPENSE OR GRANTED DELAY EN ROUTE TO COUNT AS LEAVE, INDIVIDUAL ORDERS SHALL BE ISSUED.'

SUPPLEMENTAL INSTRUCTIONS OF FEBRUARY 12, 1957, NAVACT 2-57, PROVIDES "ALL COMMANDS ISSUING ORDERS TO ENLISTED MEMBERS IN ACCORDANCE WITH ARTICLE C5403A BUPERS MANUAL WILL UTILIZE GROUP TRAVEL TO THE FULLEST EXTENT POSSIBLE.'

FROM THE INFORMATION FURNISHED IT APPEARS THAT YOU AND TWO OTHER MEMBERS PERFORMING TRAVEL AND TEMPORARY DUTY UNDER INDIVIDUAL ORDERS ISSUED AT BAINBRIDGE WERE DIRECTED BY ENDORSEMENT TO THE ORDERS TO PROCEED FROM CECIL FIELD, FLORIDA, ON FEBRUARY 26, 1958, FOR GREAT LAKES, ILLINOIS, WITH NO DELAY EN ROUTE AUTHORIZED. IN CONFORMITY WITH THE INSTRUCTION OF FEBRUARY 12, 1957, PROVIDING THAT GROUP TRAVEL BE UTILIZED TO THE FULLEST EXTENT POSSIBLE, THE ORDER ISSUING AUTHORITY AT BAINBRIDGE SHOULD HAVE DESIGNATED THIS PORTION OF THE TRAVEL TO BE PERFORMED ON A GROUP TRAVEL BASIS AND YOU SHOULD HAVE BEEN PROVIDED WITH THE NECESSARY TRANSPORTATION REQUEST AND MEAL TICKETS FOR THE TRIP. ACCORDINGLY, YOU WERE NOT ENTITLED TO THE ADVANCE PAID AS MILEAGE ALLOWANCE FOR INDIVIDUAL TRAVEL.

YOU WERE ADVISED IN THE SETTLEMENT OF AUGUST 10, 1960, THAT SINCE THE TRAVEL WAS PERFORMED BY OTHER THAN AUTHORIZED MEANS NOT BECAUSE OF YOUR OWN ELECTION BUT BECAUSE OF THE FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUISITE TRANSPORTATION AND SUBSISTENCE IN KIND YOU MAY BE REIMBURSED FOR ACTUAL EXPENDITURES NOT TO EXCEED THE COST OTHERWISE AUTHORIZED, TO THE EXTENT THAT SUCH EXPENSES ARE SUPPORTED BY RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE INCIDENT TO THE TRAVEL PERFORMED. YOU NOW STATE THAT SINCE THE TRAVEL OCCURRED NEARLY FOUR YEARS AGO, YOU DO NOT HAVE ANY RECEIPTS AS EVIDENCE OF THE EXPENDITURES CLAIMED. IN THIS RESPECT YOU ARE ADVISED THAT WE WILL GIVE CONSIDERATION TO ANY OTHER EVIDENCE THAT YOU MAY BE ABLE TO FURNISH SHOWING THAT YOU PERFORMED THE TRAVEL BY COMMON CARRIER AS SHOWN ON NAVCOMPT FORM 2021 AS EXECUTED BY YOU ON JUNE 26, 1960.