B-148316, APRIL 3, 1962, 41 COMP. GEN. 637

B-148316, APRIL 3, 1962, 41 COMP. GEN. 637

MILEAGE - MILITARY PERSONNEL - AS BEING IN LIEU OF ALL OTHER EXPENSES - FERRY FARES A MEMBER OF THE UNIFORMED SERVICES WHO, AFTER RECEIVING PAYMENT ON A MILEAGE BASIS FOR TRAVEL INCIDENT TO A PERMANENT CHANGE OF STATION FROM THE UNITED STATES TO NEWFOUNDLAND, CLAIMS REIMBURSEMENT FOR THE COST OF FERRY TRAVEL BETWEEN NOVA SCOTIA AND NEWFOUNDLAND MAY NOT HAVE THE FERRY TRAVEL REGARDED AS "TRANSOCEANIC TRAVEL" IN VIEW OF THE SPECIFIC EXCLUSION IN THE DEFINITION OF "TRANSOCEANIC TRAVEL" OF TRAVEL BETWEEN THE UNITED STATES AND THE ISLAND PORTION OF EWFOUNDLAND; THEREFORE, THE MEMBER HAVING RECEIVED PAYMENT FOR HIS TRAVEL AND HIS DEPENDENTS BY PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS PURSUANT TO PARAGRAPHS 4159-3 AND 7003-3C OF THE JOINT TRAVEL REGULATIONS, WHICH PAYMENT IS A COMMUTATION OF ALL TRANSPORTATION EXPENSES, INCLUDING FERRY FARES, NO ADDITIONAL PAYMENT FOR FERRY COSTS IS AUTHORIZED.

TO MAJOR S. B. BUSH, JR., DEPARTMENT OF THE AIR FORCE, APRIL 3, 1962:

BY FIRST ENDORSEMENT DATED MARCH 1, 1962, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER DATED DECEMBER 21, 1961, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT TO LIEUTENANT COLONEL KENNETH H. GOETZKE, 5839A, USAF, AS REIMBURSEMENT FOR FERRY FARES FOR HIMSELF AND HIS DEPENDENTS FOR THEIR TRAVEL BETWEEN NORTH SYDNEY, NOVA SCOTIA, AND PORT AUX-BASQUES, NEWFOUNDLAND, INCIDENT TO A PERMANENT CHANGE OF STATION FROM LOCKBOURNE AIR FORCE BASE, OHIO, TO ERNEST HARMON AIR FORCE BASE, NEWFOUNDLAND. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62 6.

THE RECORD SHOWS THAT BY PARAGRAPH 3, SPECIAL ORDERS A-410, HEADQUARTERS, 801ST AIR DIVISION ( SAC), USAF, LOCKBOURNE AIR FORCE BASE, OHIO, DATED JUNE 13, 1961, COLONEL GOETZKE WAS RELIEVED FROM ASSIGNMENT AT THAT HEADQUARTERS AND ASSIGNED TO HEADQUARTERS, 4081ST STRATEGIC WING, SAC, APO 864, NEW YORK, NEW YORK. THE OFFICER WAS AUTHORIZED CONCURRENT TRAVEL OF HIS DEPENDENTS BY PRIVATELY OWNED VEHICLE AND WAS DIRECTED TO REPORT TO HIS NEW DUTY STATION NOT LATER THAN AUGUST 15, 1961. TRAVEL BY PRIVATELY OWNED VEHICLE WAS PERFORMED TO ERNEST HARMON AIR FORCE BASE, NEWFOUNDLAND, AND THE OFFICER WAS PAID FOR HIS TRAVEL AND THAT OF HIS DEPENDENTS IN ACCORDANCE WITH PARAGRAPHS 4159-3 AND 7003-3C, JOINT TRAVEL REGULATIONS. HE NOW CLAIMS REIMBURSEMENT FOR THE FERRY FARES AND COST OF CABIN FOR HIMSELF AND HIS DEPENDENTS COVERING THE FERRY TRIP BETWEEN NORTH SYDNEY, NOVA SCOTIA, AND PORT-AUX-BASQUES, NEWFOUNDLAND, EN ROUTE TO HIS NEW DUTY STATION, PRESUMABLY BASING HIS ENTITLEMENT ON OUR DECISION OF MARCH 8, 1961, 40 COMP. GEN. 497.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, 37 U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO A MEMBER OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM HIS POST OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED. PARAGRAPH 4159-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SUCH AUTHORITY, PROVIDES GENERALLY, EXCEPT AS PROVIDED IN SUBPARAGRAPHS 2 AND 3, THAT A MEMBER TRAVELING UNDER CHANGE OF STATION ORDERS TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES WILL BE ENTITLED TO THE ALLOWANCES PRESCRIBED IN PARAGRAPH 4150 (MILEAGE AT SIX CENTS A MILE OR TRANSPORTATION IN KIND AND A PER DIEM), OR THE ALLOWANCES PRESCRIBED IN PARAGRAPH 4154 FOR MIXED TRAVEL, AS APPLICABLE, FOR THE TRAVEL TO AND FROM THE PORTS INVOLVED. IN ADDITION THE MEMBER IS ENTITLED TO GOVERNMENT TRANSPORTATION OR REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE FOR THE TRANSOCEAN TRAVEL.

TRANSOCEANIC TRAVEL IS DEFINED IN PARAGRAPH 1150.14, JOINT TRAVEL REGULATIONS, AS FOLLOWS:

TRANSOCEANIC TRAVEL, AS USED IN THESE REGULATIONS IS ALL TRAVEL WHICH, IF PERFORMED BY SURFACE MEANS OF COMMERCIAL TRANSPORTATION OVER A USUALLY TRAVELED ROUTE, WOULD REQUIRE THE USE OF OCEAN-GOING VESSELS. (FOR SPECIAL PROVISIONS RELATIVE TO TRAVEL BETWEEN THE UNITED STATES AND NEWFOUNDLAND OR ALASKA, SEE PARS. 4159-3 AND 7002-1B, ITEM 6.)

PARAGRAPH 4159-3, JOINT TRAVEL REGULATIONS, PROVIDES IN PERTINENT PART THAT A MEMBER WHO IS AUTHORIZED TO AND PERFORMS TRAVEL BY PRIVATELY OWNED CONVEYANCE UNDER PERMANENT CHANGE OF STATION ORDERS BETWEEN A POINT IN THE UNITED STATES AND A POINT IN THE ISLAND PORTION OF NEWFOUNDLAND, WILL BE ENTITLED TO THE ALLOWANCES PRESCRIBED IN PARAGRAPH 4150 OR PARAGRAPH 4154, AS APPLICABLE, FOR THE OFFICIAL DISTANCE BETWEEN THE STATIONS VIA BOSTON, MASSACHUSETTS. PARAGRAPH 7002-1B, ITEM 6, REFERS TO PARAGRAPH 7003-3C WHICH PROVIDES THAT WHEN TRAVEL OF DEPENDENTS BETWEEN THE UNITED STATES AND THE ISLAND PORTION OF NEWFOUNDLAND IS AUTHORIZED AND PERFORMED BY PRIVATELY OWNED CONVEYANCE, THE MEMBER WILL BE ENTITLED TO MONETARY ALLOWANCES IN LIEU OF TRANSPORTATION FOR THE OFFICIAL DISTANCE FROM THE OLD TO THE NEW STATION, SUCH DISTANCES TO BE COMPUTED VIA BOSTON.

WE HAVE HELD GENERALLY THAT UNDER STATUTES AUTHORIZING REIMBURSEMENT FOR OFFICIAL TRAVEL ON A MILEAGE BASIS, SUCH MILEAGE ALLOWANCE CONSTITUTES A COMMUTATION OF ALL TRANSPORTATION EXPENSES INCLUDING FERRY FARES, IN THE ABSENCE OF ANY EXPRESS PROVISION TO THE CONTRARY. IN DECISION OF MARCH 8, 1961, 40 COMP. GEN. 497, WE HELD WITH RESPECT TO TRAVEL ACROSS THE ENGLISH CHANNEL AS FOLLOWS, QUOTING FROM THE SYLLABUS:

TRAVEL ON FERRIES ACROSS THE ENGLISH CHANNEL BY MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS UNDER ORDERS WHICH AUTHORIZE TRAVEL ON A MILEAGE BASIS MAY BE REGARDED AS TRANSOCEANIC TRAVEL FOR REIMBURSEMENT TO THE MEMBERS FOR THE COST OF FERRY FARES, IN ADDITION TO THE PAYMENT OF MILEAGE, IN VIEW OF THE BROAD AUTHORITY OF THE SECRETARIES TO PRESCRIBE TRANSPORTATION ALLOWANCES AND THE PROVISION IN THE REGULATIONS FOR PAYMENT OF TRANSOCEANIC TRAVEL IN ADDITION TO MILEAGE, PROVIDED THAT WHEN FOREIGN VESSELS OR AIRCRAFT ARE USED THE CLAIMS FOR REIMBURSEMENT ARE SUPPORTED BY EVIDENCE OF THE ADMINISTRATIVE DETERMINATION REQUIRED UNDER PARAGRAPH 2150 OF THE JOINT TRAVEL REGULATIONS. B-140560, OCTOBER 12, 1959, MODIFIED.

IN THAT CASE IT WAS ADMINISTRATIVELY REPORTED THAT THE DEFINITION OF "TRANSOCEANIC TRAVEL" HAD BEEN AMENDED WITH THE INTENTION OF INCLUDING TRAVEL BY LONG DISTANCE OCEAN-GOING FERRIES AND THAT THE OFFICIAL TABLE OF DISTANCES (FOREIGN) HAD BEEN CHANGED TO EXCLUDE DISTANCES INVOLVING OCEAN- GOING FERRIES FROM OVERALL DISTANCES. IN VIEW OF THE BROAD AUTHORITY OF THE SECRETARIES TO PRESCRIBE REGULATIONS AND THE PROVISIONS OF PARAGRAPH 4150-1 OF THE REGULATIONS FOR REIMBURSEMENT FOR TRANSOCEANIC TRAVEL IN ADDITION TO THE PAYMENT OF MILEAGE FOR THE LAND TRAVEL TO AND FROM THE PORTS INVOLVED, IT WAS CONCLUDED THAT TRAVEL ACROSS THE ENGLISH CHANNEL WHERE MILITARY PERSONNEL ARE CONCERNED, IS PROPERLY TO BE REGARDED AS TRANSOCEANIC TRAVEL. THAT DECISION IS NOT APPLICABLE IN THE PRESENT CASE, HOWEVER, SINCE THE DEFINITION OF TRANSOCEANIC TRAVEL QUOTED ABOVE SPECIFICALLY EXCEPTS FROM ITS SCOPE TRAVEL BETWEEN POINTS IN THE UNITED STATES AND THE ISLAND PORTION OF NEWFOUNDLAND, AND REGULATIONS PERTAINING TO SUCH TRAVEL SPECIFICALLY PROVIDE THAT FOR TRAVEL TO OR FROM SUCH LOCATIONS REIMBURSEMENT SHALL BE ON A MILEAGE BASIS FOR THE OFFICIAL DISTANCE FROM THE OLD TO THE NEW STATION VIA BOSTON, MASSACHUSETTS. THEREFORE, THE PAYMENT TO COLONEL GOETZKE FOR HIS TRAVEL AND THAT OF HIS DEPENDENTS IN ACCORDANCE WITH PARAGRAPHS 4159-3 AND 7003-3C, JOINT TRAVEL REGULATIONS, ON A MILEAGE BASIS AS AUTHORIZED BY THOSE REGULATIONS WAS A COMMUTATION OF ALL TRANSPORTATION EXPENSES, INCLUDING THE FERRY FARE INCURRED IN THE TRAVEL FROM NORTH SYDNEY, NOVA SCOTIA, TO PORT-AUX- BASQUES, WHILE EN ROUTE TO HIS NEW DUTY STATION. HENCE, THE OFFICER IS NOT ENTITLED TO ANY FURTHER REIMBURSEMENT OF COSTS FOR THE FERRY TRAVEL AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH WILL BE RETAINED HERE.