B-147897, MAY 23, 1962

B-147897: May 23, 1962

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CLARK: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19. YOU WERE RELIEVED OF YOUR ASSIGNMENT WITH THE NORTH ATLANTIC TREATY ORGANIZATION. YOU WERE AUTHORIZED 30 DAYS' DELAY WITHIN THE CONTINENTAL UNITED STATES CHARGEABLE AS LEAVE AND THE ORDERS FURTHER PROVIDED FOR THE CONCURRENT MOVEMENT OF YOUR WIFE AND TWO CHILDREN AND AUTHORIZED LOCAL TRANSPORTATION OFFICERS TO DETERMINE AND FURNISH THE NECESSARY TRANSPORTATION. PURSUANT TO YOUR REQUEST WERE FURNISHED A TRANSPORTATION REQUEST BY THE TRANSPORTATION OFFICER AT FORT HAMILTON FOR TRAVEL OF YOURSELF AND DEPENDENTS BY RAIL FROM NEW YORK CITY TO TACOMA. WHICH YOU SAY YOU WERE ADVISED WAS THE ONLY SPACE AVAILABLE UNTIL AFTER JULY 7. UPON REPORTING AT THE AIRLINE TICKET OFFICE YOU WERE INFORMED THAT THE RESERVATIONS WERE FOR A FLIGHT BY EXTRA FARE JET AIRCRAFT AND WOULD COST AN ADDITIONAL $11 FOR EACH PERSON.

B-147897, MAY 23, 1962

TO LIEUTENANT COLONEL JAMES B. CLARK:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED OCTOBER 18, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AMOUNTS PAID AS EXTRA FARE FOR FIRST CLASS PASSAGE ON A COMMERCIAL JET AIRCRAFT FOR YOURSELF AND FAMILY FROM IDLEWILD AIRPORT, NEW YORK, TO SEATTLE-TACOMA AIRPORT, WASHINGTON, ON JUNE 29, 1960.

BY CHANGE OF PERMANENT STATION ORDERS, LO 4A-28, OF HEADQUARTERS, UNITED STATES ARMY, EUROPE, DATED APRIL 25, 1960, YOU WERE RELIEVED OF YOUR ASSIGNMENT WITH THE NORTH ATLANTIC TREATY ORGANIZATION, ADVANCED WEAPONS DIVISION, AT HEIDELBERG, GERMANY, AND ORDERED TO PROCEED, UPON RECEIPT OF PORT CALL TO THE APPROPRIATE REPLACEMENT STATION FOR PROCESSING AND MOVEMENT TO THE CONTINENTAL UNITED STATES DURING JUNE 1960 FOR ASSIGNMENT TO HEADQUARTERS, 31ST ARTILLERY BRIGADE (AIR DEFENSE), MCCHORD AIR FORCE BASE, WASHINGTON, AND ULTIMATE ASSIGNMENT TO HEADQUARTERS, SEVENTH REGION, UNITED STATES ARMY AIR DEFENSE COMMAND, UPON ACTIVATION. YOU WERE AUTHORIZED 30 DAYS' DELAY WITHIN THE CONTINENTAL UNITED STATES CHARGEABLE AS LEAVE AND THE ORDERS FURTHER PROVIDED FOR THE CONCURRENT MOVEMENT OF YOUR WIFE AND TWO CHILDREN AND AUTHORIZED LOCAL TRANSPORTATION OFFICERS TO DETERMINE AND FURNISH THE NECESSARY TRANSPORTATION. YOU ARRIVED IN NEW YORK CITY, PORT OF DEBARKATION, AT 10:00 A.M., JUNE 27, 1960, AND PURSUANT TO YOUR REQUEST WERE FURNISHED A TRANSPORTATION REQUEST BY THE TRANSPORTATION OFFICER AT FORT HAMILTON FOR TRAVEL OF YOURSELF AND DEPENDENTS BY RAIL FROM NEW YORK CITY TO TACOMA, WASHINGTON. WHEN CONFIRMATION OF PULLMAN SPACE FOR TRAVEL WEST OF CHICAGO HAD NOT BEEN RECEIVED BY 4:00 P.M., JUNE 28, 1960, YOU RESERVED THE NECESSARY SPACE ON A FLIGHT OF THE UNITED AIR LINES SCHEDULED TO LEAVE NEW YORK CITY FOR SEATTLE-TACOMA AIRPORT AT 9:30 A.M., JUNE 29, 1960, WHICH YOU SAY YOU WERE ADVISED WAS THE ONLY SPACE AVAILABLE UNTIL AFTER JULY 7, 1960, DUE TO THE INTERVENING NATIONAL HOLIDAY. AFTER OBTAINING THE RESERVATIONS YOU AGAIN CONTACTED THE TRANSPORTATION OFFICER AT FORT HAMILTON WHO ISSUED YOU A NEW TRANSPORTATION REQUEST FOR REGULAR FIRST CLASS AIR TRAVEL. UPON REPORTING AT THE AIRLINE TICKET OFFICE YOU WERE INFORMED THAT THE RESERVATIONS WERE FOR A FLIGHT BY EXTRA FARE JET AIRCRAFT AND WOULD COST AN ADDITIONAL $11 FOR EACH PERSON, OR A TOTAL OF $44, WHICH YOU PAID FROM YOUR PERSONAL FUNDS.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS" INCLUDING TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION AND DELAY INCIDENT TO THE MODE OF TRAVEL, SUCH AS NECESSARY DELAY WHILE AWAITING FURTHER TRANSPORTATION AFTER TRAVEL STATUS HAS COMMENCED. PARAGRAPH 3003 OF THE REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS IS THE DATE OF THE MEMBER'S RELIEF (DETACHMENT) FROM THE OLD STATION EXCEPT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELIEF (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE. INASMUCH AS UPON ARRIVAL IN THE CONTINENTAL UNITED STATES YOU WERE AUTHORIZED 30 DAYS' DELAY CHARGEABLE AS LEAVE, YOUR DEPARTURE FROM NEW YORK AT THE TIME INVOLVED WAS NOT NECESSARY IN ORDER TO REPORT AT YOUR NEW DUTY STATION ON THE REQUIRED DATE AND THERE IS NO SHOWING THAT STANDARD FIRST CLASS ACCOMMODATIONS WOULD NOT HAVE BEEN AVAILABLE AT THE TIME YOU WOULD HAVE BEEN REQUIRED TO PERFORM THE TRAVEL.

CONCERNING THE USE OF EXTRA FARE AIRCRAFT AND ACCOMMODATIONS WHICH ARE AUTHORIZED AT GOVERNMENT EXPENSE, PARAGRAPH 2000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT UNLESS OTHERWISE PROVIDED IN THOSE REGULATIONS, THE USE AND PROCUREMENT OF TRANSPORTATION FACILITIES, ISSUANCE AND USE OF TRANSPORTATION REQUESTS, AND ALLEGED ACCOMMODATIONS FOR VARIOUS CLASSES OF PERSONNEL SHALL BE GOVERNED BY REGULATIONS OF THE RESPECTIVE SERVICES, EXCEPT THAT THE UTILIZATION OF TRANSPORTATION REQUESTS SHALL PRECLUDE REIMBURSEMENT ON A MILEAGE BASIS. PARAGRAPH 305002, MILITARY TRAFFIC MANAGEMENT REGULATION, ARMY REGULATIONS NO. 55-355, STATES THAT MEMBERS WILL BE PROVIDED FIRST CLASS AIR TRANSPORTATION WHICH IS OFFERED TO THE GENERAL PUBLIC AS FIRST CLASS, AND WHEN IT HAS BEEN DETERMINED BY THE AUTHORITY DIRECTING THE TRAVEL THAT THE USE OF EXTRA FARE AIRCRAFT IS IN THE BEST INTEREST OF THE GOVERNMENT, THE ORDERS MUST CONTAIN SPECIFIC AUTHORITY FOR SUCH USE. THE TRANSPORTATION REQUEST WILL BE ANNOTATED TO INCLUDE "EXTRA FARE AIRCRAFT" AND WILL INDICATE POINTS BETWEEN WHICH SUCH SERVICE IS AUTHORIZED. PARAGRAPH 307006, ARMY REGULATIONS NO. 55-355, AUTHORIZES TRAVEL FOR DEPENDENTS BY THE CLASS OF AIR TRANSPORTATION OFFERED TO THE PUBLIC AS FIRST CLASS, AND PARAGRAPH 307007 OF THE REGULATIONS PROVIDES THAT WHEN DEPENDENTS DESIRE TRANSPORTATION COSTING MORE THAN THAT AUTHORIZED, SUCH ADDITIONAL COST PLUS TAX MUST BE PAID BY THE DEPENDENTS OR SPONSOR AT THE TIME THE TRANSPORTATION REQUEST IS EXCHANGED FOR THE TICKETS. PARAGRAPH 37, ARMY REGULATIONS NO. 55-21, ALSO PROVIDES THAT TRANSPORTATION OF DEPENDENTS BY EXTRA FARE AIRCRAFT IS NOT AUTHORIZED.

YOUR ORDERS DID NOT SPECIFY THE MODE OF TRANSPORTATION TO BE USED BY YOU AND YOUR DEPENDENTS, BUT LEFT THAT DETERMINATION WITHIN THE DISCRETION OF LOCAL TRANSPORTATION OFFICERS. YOU STATE IN YOUR CLAIM THAT YOU UNDERSTAND THAT HAD YOU KNOWN AND INFORMED THE TRANSPORTATION OFFICER THAT EXTRA FARE JET AIRCRAFT WAS THE ONLY AVAILABLE MEANS OF TRAVEL, THE TRANSPORTATION REQUEST COULD HAVE BEEN MADE OUT TO AUTHORIZE SUCH MEANS OF TRAVEL. IT IS NOTED, HOWEVER, THAT THE FILE DOES NOT CONTAIN A STATEMENT BY THE TRANSPORTATION OFFICER AT FORT HAMILTON THAT UNDER THE PREVAILING CONDITIONS HE WOULD HAVE ANNOTATED THE TRANSPORTATION REQUEST TO AUTHORIZE EXTRA FARE AIRCRAFT FOR THE TRAVEL IF HE HAD BEEN REQUESTED TO DO SO, NOR DID THE DEPARTMENT OF THE ARMY ADMINISTRATIVELY APPROVE YOUR CLAIM ON THE BASIS THAT THE USE OF THE EXTRA FARE AIRCRAFT WAS IN THE BEST INTEREST OF THE GOVERNMENT.

ACCORDINGLY, ON THE PRESENT RECORD AND IN VIEW OF THE ABOVE REGULATIONS RESTRICTING THE USE OF EXTRA FARE AIRCRAFT, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT OF OCTOBER 18, 1961, WAS CORRECT AND IS SUSTAINED.