B-148651, JUN 22, 1962

B-148651, JUN 22, 1962

TO MR. JAMES WATSON DOWE, III:

REFERENCE IS MADE TO LETTERS OF MARCH 30 AND JUNE 11, 1962, WRITTEN IN YOUR BEHALF BY F. B. LLOYD, JR., ATTORNEY AT LAW, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL AIR TRAVEL INCURRED BY YOU IN TRAVEL FROM LOS ANGELES, CALIFORNIA, TO CORPUS CHRISTI, TEXAS, UNDER ACTIVE DUTY FOR TRAINING ORDERS DATED AUGUST 1, 1961, AS SN, USNR, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 5, 1962.

THE RECORDS SHOW THAT BY ORDERS DATED AUGUST 1, 1961, ADDRESSED TO YOU AT FALFURRIAS, TEXAS, YOU WERE ORDERED TO PROCEED AND REPORT AUGUST 20, 1961, TO THE COMMANDING OFFICER, USNAS, RECEIVING STATION, SAN DIEGO, CALIFORNIA, FOR FURTHER TRANSFER TO THE U.S.S. BENNINGTON (CVS-20) FOR 14 DAYS' TRAINING DUTY. THE ORDERS DIRECTED TRAVEL BY COMMERCIAL TRANSPORTATION AND THE FURNISHING OF TRANSPORTATION REQUESTS FOR SUCH TRAVEL, AND ENDORSEMENT ON THE ORDERS SHOW THAT TRANSPORTATION REQUESTS WERE ISSUED FOR THE ROUND TRIP FROM HOME TO CORPUS CHRISTI, TEXAS, TO SAN DIEGO, CALIFORNIA, BY COMMERCIAL AIR. IT IS INDICATED THAT THE COST TO THE GOVERNMENT FOR THE COMMERCIAL AIR TRANSPORTATION OBTAINED ON THE TRANSPORTATION REQUEST SO ISSUED WAS $172.25. FURTHER ENDORSEMENTS ON THE ORDERS SHOW THAT YOU TRAVELED ON AUGUST 20, 1961, BY BUS AND COMMERCIAL AIR FROM FALFURRIAS TO SAN DIEGO REPORTING THE SAME DAY ABOARD THE U.S.S. BENNINGTON, AND THAT YOU WERE DETACHED FROM THAT VESSEL SEPTEMBER 2, 1961, AND RETURNED TO YOUR HOME SEPTEMBER 3, 1961, TRAVELING BY COMMERCIAL AIR AND BUS.

THE FILE CONTAINS A LETTER DATED SEPTEMBER 18, 1961, FROM THE COMMANDING OFFICER, NAVAL RESERVE ELECTRONICS DIVISION 8-11, NAVAL AUXILIARY AIR STATION, KINGSVILLE, TEXAS, STATING THAT WHEN YOU REPORTED AUGUST 20, 1961, ABOARD THE U.S.S. BENNINGTON, YOU TURNED IN TO THE PERSONNEL OFFICE YOUR SERVICE, HEALTH, PAY RECORD AND ORDERS, TOGETHER WITH AN ENVELOPE WHICH CONTAINED THE RETURN PLANE TICKET FOR TRAVEL FROM SAN DIEGO TO CORPUS CHRISTI, OBTAINED THROUGH THE TRANSPORTATION REQUESTS FURNISHED YOU. THE LETTER STATED FURTHER THAT THE TICKET WAS LOST BY THE PERSONNEL OFFICE OF THE U.S.S. BENNINGTON, THAT THE AIRLINE COMPANY REFUSED TO ISSUE A DUPLICATE TICKET, AND THAT YOU WERE FINALLY ADVISED BY OFFICERS AT HEADQUARTERS, 11TH NAVAL DISTRICT, TO PURCHASE A RETURN TRIP TICKET AND FILE A CLAIM FOR REIMBURSEMENT. ALSO, IT WAS STATED THAT YOU WERE REQUIRED TO TRAVEL TO LOS ANGELES, CALIFORNIA, TO SECURE FUNDS FROM RELATIVES FOR THE FARE AND THAT YOU TRAVELED BY COMMERCIAL AIR AT YOUR OWN EXPENSE FROM LOS ANGELES TO CORPUS CHRISTI. HOWEVER, A REPORT FROM THE COMMANDING OFFICER, U.S.S. BENNINGTON, DATED MARCH 23, 1962, CONCERNING YOUR CLAIM STATES THAT ALL MATERIAL OTHER THAN RECORDS AND ORDERS IS RETURNED TO THE INDIVIDUAL FOR RETENTION AT THE TIME OF REPORTING FOR DUTY ABOARD THE BENNINGTON AND THAT THE LOSS OF MATERIAL SUCH AS AN AIRLINE TICKET, ALTHOUGH POSSIBLE, IS REMOTE. THE REPORT STATES FURTHER THAT A THOROUGH SEARCH HAS BEEN CONDUCTED FOR THE MISSING TICKET WITHOUT SUCCESS.

PARAGRAPH 4203-3D, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN TRAVEL ORDERS SPECIFICALLY DIRECT (AS DISTINGUISHED FROM AUTHORIZE) THE ISSUANCE OF TRANSPORTATION REQUESTS VIA SPECIFIC MODES OF TRANSPORTATION, BUT THE MEMBER PERFORMS TRAVEL AT PERSONAL EXPENSE, PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PROHIBITED UNLESS THE APPROPRIATE AUTHORITY RESPONSIBLE FOR FURNISHING SUCH TRANSPORTATION REQUESTS CERTIFIES THAT TRANSPORTATION REQUESTS WERE NOT AVAILABLE OR THE MODE OF TRANSPORTATION DIRECTED WAS NOT AVAILABLE AT THE TIME AND PLACE REQUIRED IN TIME TO COMPLY WITH THE ORDERS. SINCE YOUR ORDERS SPECIFICALLY DIRECTED THE ISSUANCE OF TRANSPORTATION REQUESTS FOR TRAVEL BY COMMERCIAL TRANSPORTATION, AND TRANSPORTATION REQUESTS WERE ISSUED AND A TICKET FOR THE NECESSARY AIR TRAVEL FROM CORPUS CHRISTI TO SAN DIEGO AND RETURN WAS PURCHASED FOR YOU AT GOVERNMENT EXPENSE THROUGH THE USE OF ONE OF SUCH REQUESTS, AND INASMUCH AS THERE APPEARS TO BE NO QUESTION BUT THAT THE MODE OF TRANSPORTATION DIRECTED WOULD HAVE BEEN AVAILABLE BY THE USE OF THE TICKET FURNISHED YOU, THERE WOULD APPEAR TO BE NO BASIS FOR THE PAYMENT OF YOUR CLAIM UNLESS IT MIGHT BE CONSIDERED THAT THE GOVERNMENT WAS RESPONSIBLE FOR THE LOSS OF YOUR TICKET AND THAT BECAUSE OF THE LOSS THE MODE OF TRANSPORTATION DIRECTED WAS NOT IN FACT AVAILABLE TO YOU.

IN VIEW OF THE INFORMATION FURNISHED BY THE COMMANDING OFFICER OF THE U.S.S. BENNINGTON IN HIS LETTER OF MARCH 23, 1962, IT APPEARS THAT THE PROCEDURES FOLLOWED IN CONNECTION WITH MEMBERS REPORTING ABOARD UNDER CIRCUMSTANCES SUCH AS INVOLVED IN YOUR CASE NEITHER CONTEMPLATE NOR REQUIRE THAT TICKETS FOR RETURN TRANSPORTATION, OR ANY OTHER VALUABLE POSSESSIONS OF THE MEMBER, BE SURRENDERED FOR SAFEKEEPING. UNDER SUCH CIRCUMSTANCE, WE ARE OF THE OPINION THAT THE GOVERNMENT COULD NOT PROPERLY BE CONSIDERED RESPONSIBLE FOR THE LOSS OF YOUR TICKET EVEN IF IT COULD BE ESTABLISHED THAT SUCH TICKET WAS IN FACT TAKEN OVER BY THE OFFICERS OF THE SHIP, EITHER INADVERTENTLY OR AS A CONVENIENCE TO YOU, AND LOST WHILE IN THEIR CUSTODY. IT IS CONSIDERED THEREFORE THAT THERE IS NO BASIS UPON WHICH WE MAY ALLOW YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT ..END :