B-147810, JAN. 12, 1962

B-147810: Jan 12, 1962

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HOOKS: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. YOU WERE ALLOWED THE SUM OF $453.84 REPRESENTING REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM REDSTONE ARSENAL. YOU WERE RETIRED EFFECTIVE AUGUST 1. GOVERNMENT TRANSPORTATION (MILITARY AIR TRANSPORT SERVICE) WAS AVAILABLE. COULD HAVE BEEN USED BY YOU AND YOUR WIFE FOR TRAVEL BETWEEN TACOMA. PARAGRAPH 4158 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS RETIRED WITH PAY AFTER EIGHT OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT. PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. TRAVEL ALLOWANCES FOR TRAVEL TO AND FROM ALASKA ARE THE SUBJECT OF SPECIAL REGULATORY PROVISIONS.

B-147810, JAN. 12, 1962

TO MR. JOHN A. HOOKS:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7, 1961, CONCERNING YOUR CLAIM FOR TRAVEL ALLOWANCES INCIDENT TO YOUR RETIREMENT FROM THE ARMY.

BY OUR SETTLEMENT DATED OCTOBER 27, 1961, YOU WERE ALLOWED THE SUM OF $453.84 REPRESENTING REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM REDSTONE ARSENAL, ALABAMA, TO SEATTLE, WASHINGTON, AND FROM ANCHORAGE, ALASKA, TO YOUR SELECTED HOME, FAIRBANKS, ALASKA. THE SETTLEMENT ALSO INCLUDED REIMBURSEMENT FOR TRAVEL FROM UNITED STATES PORT OF EMBARKATION, WEST COAST, TO ANCHORAGE, ALASKA, ON THE BASIS OF THE COST TO THE GOVERNMENT BY MILITARY AIR TRANSPORT SERVICE.

BY ORDERS DATED JULY 12, 1961, YOU WERE RETIRED EFFECTIVE AUGUST 1,1961, IN THE GRADE OF CHIEF WARRANT OFFICER, W-2, AFTER MORE THAN 22 YEARS OF ACTIVE FEDERAL SERVICE. YOU AND YOUR WIFE TRAVELED FROM YOUR LAST DUTY STATION IN THE UNITED STATES TO FAIRBANKS, ALASKA, VIA THE ALCAN HIGHWAY BY PRIVATELY OWNED AUTOMOBILE WITHOUT ADVANCE AUTHORIZATION THEREFOR. GOVERNMENT TRANSPORTATION (MILITARY AIR TRANSPORT SERVICE) WAS AVAILABLE, AND UPON PROPER APPLICATION, COULD HAVE BEEN USED BY YOU AND YOUR WIFE FOR TRAVEL BETWEEN TACOMA, WASHINGTON, AND ANCHORAGE, ALASKA.

PARAGRAPH 4158 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS RETIRED WITH PAY AFTER EIGHT OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION IN ACCORDANCE WITH PARAGRAPHS 4151 OR 4159, AS APPLICABLE, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

TRAVEL ALLOWANCES FOR TRAVEL TO AND FROM ALASKA ARE THE SUBJECT OF SPECIAL REGULATORY PROVISIONS. PARAGRAPH 4159-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS SPECIFICALLY AUTHORIZED TO, AND DOES PERFORM, TRAVEL BETWEEN THE UNITED STATES AND POINTS IN ALASKA BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED TO THE TRAVEL ALLOWANCES OTHERWISE PRESCRIBED THEREFOR. UNLESS SUCH TRAVEL IS SPECIFICALLY AUTHORIZED, THE REGULATIONS (PARAGRAPH 4159-1) PROVIDE THAT MILEAGE IS PAYABLE ONLY FOR THE OFFICIAL DISTANCE OF THE LAND TRAVEL INVOLVED FROM THE MEMBER'S LAST DUTY STATION TO THE APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES AND FROM AERIAL OR WATER PORT OF DEBARKATION NEAREST TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES TO DESTINATION. ALSO, PARAGRAPH 4150-4 OF THE REGULATIONS PROVIDES THAT IN THE EVENT A MEMBER TRAVELING UNDER ORDERS ISSUED PURSUANT TO SUCH REGULATIONS PERFORMS THE TRAVEL BY PRIVATELY OWNED VEHICLE, HE WILL NOT BE ENTITLED TO ANY REIMBURSEMENT FOR THE TRAVEL PERFORMED UNLESS THE ORDER- ISSUING AUTHORITY SUBSEQUENTLY APPROVES TRAVEL BY PRIVATELY OWNED VEHICLE. SIMILAR PROVISIONS, IN EFFECT AT THE TIME, ARE CONTAINED IN PARAGRAPH 13 (D), CHANGE 5, ARMY REGULATIONS 310-25, DATED FEBRUARY 6, 1961. IN ADDITION TO THE REGULATIONS CITED ABOVE, THE JOINT TRAVEL REGULATIONS (PARAGRAPH 7002-1) LONG HAVE PROVIDED THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS OF MEMBERS "TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES" GOVERNMENT MEANS OF TRANSPORTATION--- TRANSPORTATION IN KIND, AIRCRAFT OR VESSELS--- WILL BE USED, IF AVAILABLE, EXCEPT IN CERTAIN SPECIFIED INSTANCES INCLUDING "WHEN TRAVEL BETWEEN THE UNITED STATES AND ALASKA * * * IS AUTHORIZED TO BE AND IS PERFORMED BY PRIVATELY OWNED CONVEYANCE.'

SINCE YOU AND YOUR WIFE PROCEEDED TO ALASKA BY PRIVATELY OWNED AUTOMOBILE WITHOUT SPECIFIC ADVANCE AUTHORIZATION THEREFOR, AND SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE AND UPON APPLICATION WOULD HAVE BEEN FURNISHED FOR THAT PART OF THE JOURNEY FROM TACOMA, WASHINGTON, TO ANCHORAGE, ALASKA, THE REGULATIONS PRECLUDE ANY FURTHER PAYMENT ON YOUR CLAIM. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF OCTOBER 27, 1961, IS CORRECT AND MUST BE SUSTAINED.