B-149359, AUG. 27, 1962

B-149359: Aug 27, 1962

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YOU WERE AUTHORIZED TO PROCEED FROM HAWAII TO RIO PIEDRAS. YOU WERE ALLOWED THE SUM OF $203.46. IN YOUR PRESENT LETTER YOU SAY THAT PAYMENT FOR YOUR DAUGHTER'S TRAVEL IS CORRECT BUT THAT YOU AND YOUR WIFE PERFORMED THE CIRCUITOUS TRAVEL ON A SPACE AVAILABLE BASIS WHICH IS AUTHORIZED FOR RETIRED MEMBERS AND ACCOMPANYING DEPENDENTS ON A FREE BASIS AND THEREFORE THE CHARGE MADE IN THE SETTLEMENT FOR SPACE REQUIRED TRANSPORTATION WAS ERRONEOUS. ESTABLISHES THE TARIFF RATES APPLICABLE TO TRANSPORTATION PROVIDED FOR GOVERNMENT AND QUASI-GOVERNMENT AGENCIES WHICH ARE ENTITLED TO COMMON USER RATES AS AUTHORIZED IN AIR FORCE REGULATION 76 15. PARAGRAPH 3I IS AS FOLLOWS: "I. AFTER SPACE REQUIREMENTS OF SHIPPING AGENCIES HAVE BEEN FULFILLED WITHOUT FULL UTILIZATION OF CABIN CAPACITY.

B-149359, AUG. 27, 1962

TO COLONEL ROY L. BODINE, JR., USA, RETIRED:

YOUR LETTER OF JUNE 22, 1962, WITH ENCLOSURES, REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR WIFE FROM FORT SHAFTER, HAWAII, TO SAN JUAN, PUERTO RICO, DURING THE PERIOD APRIL 9 TO AUGUST 26, 1961, INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES ARMY. ALSO THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 10, 1962.

BY ORDERS DATED SEPTEMBER 26, 1961, YOU WERE AUTHORIZED TO PROCEED FROM HAWAII TO RIO PIEDRAS, PUERTO RICO, FOR THE PURPOSE OF ESTABLISHING A RESIDENCE UPON RETIREMENT FROM THE MILITARY SERVICE. THE RECORD SHOWS THAT YOU AND MRS. BODINE TRAVELED TO SAN JUAN AFTER VISITING GUAM, MANILA, SAIGON, BANGKOK, TRIPOLI, ROME, PARIS AND BARCELONA. YOUR DAUGHTER TRAVELED FROM PALO ALTO, CALIFORNIA, TO SAN JUAN AND UTILIZED GOVERNMENT TRANSPORTATION FROM CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, TO RAMEY AIR FORCE BASE, PUERTO RICO.

BY SETTLEMENT DATED APRIL 24, 1962, YOU WERE ALLOWED THE SUM OF $203.46, REPRESENTING REIMBURSEMENT FOR PERSONAL AND DEPENDENT TRAVEL BASED ON DIRECT ROUTE TO PUERTO RICO LESS THE COST OF GOVERNMENT TRANSPORTATION FOR YOU AND YOUR WIFE ON A SPACE REQUIRED BASIS FOR CIRCUITOUS TRAVEL.

IN YOUR PRESENT LETTER YOU SAY THAT PAYMENT FOR YOUR DAUGHTER'S TRAVEL IS CORRECT BUT THAT YOU AND YOUR WIFE PERFORMED THE CIRCUITOUS TRAVEL ON A SPACE AVAILABLE BASIS WHICH IS AUTHORIZED FOR RETIRED MEMBERS AND ACCOMPANYING DEPENDENTS ON A FREE BASIS AND THEREFORE THE CHARGE MADE IN THE SETTLEMENT FOR SPACE REQUIRED TRANSPORTATION WAS ERRONEOUS.

AIR FORCE REGULATION 76-11 DATED FEBRUARY 24, 1961, IN EFFECT AT THE TIME, ESTABLISHES THE TARIFF RATES APPLICABLE TO TRANSPORTATION PROVIDED FOR GOVERNMENT AND QUASI-GOVERNMENT AGENCIES WHICH ARE ENTITLED TO COMMON USER RATES AS AUTHORIZED IN AIR FORCE REGULATION 76 15. PARAGRAPH 3I IS AS FOLLOWS:

"I. SPACE AVAILABLE PASSENGER. AFTER SPACE REQUIREMENTS OF SHIPPING AGENCIES HAVE BEEN FULFILLED WITHOUT FULL UTILIZATION OF CABIN CAPACITY, CERTAIN PASSENGERS AS SPECIFIED IN AFR 76-15/AR 96 25/OPNAV INST 4630.12/NAVMC 2536, MAY BE MOVED IN THE SURPLUS SPACE AVAILABLE. PASSENGERS TRAVELING ON THIS BASIS WILL BE CHARGED OUT OF POCKET COSTS INCURRED BY MATS FOR BENEFIT OF THE PASSENGER (I.E., MEALS, ETC.), THE COST OF WHICH WOULD NOT OTHERWISE HAVE BEEN INCURRED BY MATS.'

PARAGRAPH 5B (11) AIR FORCE REGULATION 76-15, DATED NOVEMBER 5, 1959, IS AS FOLLOWS:

"RETIRED REGULAR PERSONNEL * * * AND THEIR ACCOMPANYING DEPENDENTS MAY TRAVEL TO AND FROM THE U.S. AND OVERSEA AREAS OR WITHIN AND/OR BETWEEN OVERSEA AREAS WHEN TRAVEL IS NOT FOR PERSONAL GAIN. THIS TRAVEL IS AUTHORIZED ONLY WHEN THEATER OR INTERNATIONAL RESTRICTIONS DO NOT PROHIBIT SUCH TRAVEL.'

UNDER THE REGULATIONS QUOTED ABOVE, IT APPEARS THAT YOU AND YOUR WIFE WERE ELIGIBLE TO TRAVEL OVERSEAS ON A SPACE AVAILABLE BASIS. HOWEVER, THE ADMINISTRATIVE REPORT WITH RESPECT TO YOUR CLAIM DOES NOT SHOW THAT YOU AND YOUR WIFE WERE SPACE AVAILABLE PASSENGERS AND SINCE WE ARE WITHOUT AUTHORITY TO CERTIFY A CLAIM FOR PAYMENT IN ABSENCE OF EVIDENCE ESTABLISHING ITS VALIDITY WE WILL HAVE TO DEVELOP THE MATTER FURTHER TO VERIFY YOUR CLAIM. THEREFORE, WE HAVE TODAY ISSUED INSTRUCTIONS TO OUR CLAIMS DIVISION TO REQUEST VERIFICATION OF THIS MATTER FROM THE APPROPRIATE AUTHORITIES. IF IT IS REPORTED THAT YOU AND YOUR WIFE TRAVELED ON MATS ON A SPACE AVAILABLE BASIS FOR WHICH NO AMOUNT IS CHARGEABLE, A SETTLEMENT WILL ISSUE FOR THE ADDITIONAL AMOUNT FOUND TO BE DUE.

THE CHECK RECEIVED WITH YOUR LETTER IS RETURNED AND MAY BE NEGOTIATED WITHOUT JEOPARDIZING YOUR RIGHTS IN THE MATTER.