B-149853, OCT. 19, 1962

B-149853, OCT. 19, 1962

TO SERGEANT ROLANDO ANTONGIORGI, RA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 3, 1962, WITH ENCLOSURES, ADDRESSED TO SETTLEMENTS OPERATIONS, U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, AND REFERRED HERE AS A CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM PUERTO NUEVO, PUERTO RICO, TO FORT BRAGG, NORTH CAROLINA, DURING THE PERIOD JANUARY 22 TO 23, 1959. SINCE A SIMILAR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 16, 1959, YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR RECONSIDERATION OF OUR PRIOR ACTION.

BY LETTER ORDERS 12-1352, HEADQUARTERS XVIII AIRBORNE CORPS AND FORT BRAGG, FORT BRAGG, NORTH CAROLINA, DATED DECEMBER 6, 1958, YOU WERE GRANTED 30 DAYS' REENLISTMENT LEAVE OF ABSENCE EFFECTIVE DECEMBER 7, 1958, WITH PERMISSION TO VISIT PUERTO RICO. THE ORDERS PROVIDED FURTHER THAT PURSUANT TO THE AUTHORITY CONTAINED IN PARAGRAPH 15, ARMY REGULATIONS 630- 5, DATED NOVEMBER 5, 1957, TRAVEL TO AND FROM PUERTO RICO AND DELAYS AT PORTS OF DEBARKATION AND EMBARKATION WOULD BE IN A TEMPORARY DUTY STATUS. THE RECORD SHOWS THAT YOU TRAVELED WITH YOUR DEPENDENTS BY BUS FROM FORT BRAGG TO NEW YORK, NEW YORK, ON DECEMBER 7 AND 8, 1958, AND BY GOVERNMENT VESSEL FROM NEW YORK TO SAN JUAN, PUERTO RICO, FROM DECEMBER 9 TO 13, 1958.

IT APPEARS THAT WHILE YOU WERE ON LEAVE YOU RECEIVED A LETTER DATED DECEMBER 31, 1958, FROM HEADQUARTERS, U.S. ARMY PERSONNEL CENTER, FORT BUCHANAN, PUERTO RICO, WHICH ADVISED YOU THAT EFFECTIVE DECEMBER 3, 1958, THE PROVISIONS OF ARMY REGULATIONS 630-5, INSOFAR AS THEY PERTAINED TO THE AUTHORIZATION OF TEMPORARY DUTY STATUS WHILE ON COMPASSIONATE AND REENLISTMENT LEAVE WERE DISCONTINUED. THE LETTER STATED FURTHER THAT LEAVE, WHEN GRANTED FOR SUCH REASONS, WOULD BEGIN UPON DEPARTURE AND TERMINATE UPON RETURN TO THE ORGANIZATION TO WHICH ASSIGNED, AND ADVISED YOU TO REPORT BACK TO YOUR UNIT OF ASSIGNMENT NOT LATER THAN JANUARY 12, 1959. THIS LETTER WAS SUPPLEMENTED BY A MESSAGE STATING THAT SUCH LETTER WAS NOT TO BE INTERPRETED AS APPLYING TO MEMBERS PRESENTLY EN ROUTE OR ON REENLISTMENT OR COMPASSIONATE LEAVE IN A TEMPORARY DUTY TRAVEL BASIS. THUS, IT DID NOT AFFECT YOUR TRAVEL. IN YOUR LETTER DATED AUGUST 12, 1959, YOU STATED THAT WHEN YOU REPORTED AT THE EMBARKATION PORT IN PUERTO RICO YOU WERE ADVISED THAT YOU WOULD NOT BE FURNISHED MILITARY TRANSPORTATION BACK TO THE UNITED STATES AND AS A RESULT YOU SECURED COMMERCIAL AIR TRANSPORTATION FOR YOURSELF AND YOUR DEPENDENTS TO THE UNITED STATES. YOU THEREFORE REQUESTED REIMBURSEMENT FOR YOUR TRAVEL EXPENSES FROM PUERTO RICO TO NEW YORK. HOWEVER, YOUR CLAIM AS TRANSMITTED TO THIS OFFICE, WAS FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL AS WELL AS YOUR OWN TRAVEL FROM FORT BRAGG, NORTH CAROLINA, TO NEW YORK, NEW YORK, AND RETURN, AND FROM SAN JUAN, PUERTO RICO, TO NEW YORK. BY SETTLEMENT DATED DECEMBER 16, 1959, YOUR CLAIM WAS DISALLOWED FOR THE REASONS THAT PARAGRAPH 15G, ARMY REGULATIONS 630-5, DATED NOVEMBER 5, 1957, PROVIDED THAT WHEN THE LEAVE ADDRESS IS OUTSIDE THE CONTINENTAL UNITED STATES, TRAVEL IN THE UNITED STATES WILL BE AT THE TRAVELER'S EXPENSE OR ON A SPACE AVAILABLE BASIS IN MILITARY AIRCRAFT. THEREFORE, YOU WERE ADVISED THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR YOUR TRAVEL FROM FORT BRAGG TO NEW YORK AND RETURN, AND SINCE MILITARY AIR TRANSPORT SERVICE OPERATED REGULARLY SCHEDULED AIR FLIGHTS FROM RAMEY AIR FORCE BASE, PUERTO RICO, TO CHARLESTON, SOUTH CAROLINA, GOVERNMENT AIR WOULD HAVE BEEN AVAILABLE TO YOU ON A SPACE AVAILABLE BASIS FOR YOUR RETURN TRAVEL FROM PUERTO RICO. ALSO, THE SETTLEMENT STATED THAT THE REGULATIONS MADE NO PROVISION FOR REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS INCIDENT TO REENLISTMENT LEAVE. IN YOUR LETTER OF APRIL 3, 1962, YOU REQUEST REIMBURSEMENT FOR YOUR TRAVEL AND THAT OF YOUR CAROLINA.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCE FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, THAT IS, FOR TRAVEL ON PUBLIC BUSINESS. SECTION 303 (C), 37 U.S.C. 253 (C), PROVIDES THAT WHEN SUCH MEMBERS ARE ORDERED TO MAKE A CHANGE OF PERMANENT STATION THEY SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. PARAGRAPH 3050 -1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT ACT, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES WHILE ACTUALLY IN A "TRAVEL STATUS" AND THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL ON PUBLIC BUSINESS PURSUANT TO COMPETENT ORDERS. PARAGRAPH 6454 OF THE REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

PARAGRAPH 15, ARMY REGULATIONS 630-5 IN EFFECT AT THE TIME YOUR LEAVE TRAVEL WAS PERFORMED, PROVIDED IN PERTINENT PART THAT WHERE THE HOME OF RECORD IS SHOWN TO BE IN A TERRITORY OR POSSESSION OF THE UNITED STATES AND THE PERSON AUTHORIZED LEAVE IS ON DUTY IN AN AREA OTHER THAN HIS HOME OF RECORD, HIS LEAVE WILL BE EFFECTIVE UPON HIS DEPARTURE FROM THE WATER OR AERIAL PORT OF DEBARKATION IN THE HOME AREA AND WILL TERMINATE UPON RETURN TO SUCH PORT. WHEN THE LEAVE ADDRESS IS OUTSIDE THE CONTINENTAL UNITED STATES, TRAVEL IN THE UNITED STATES IN CONNECTION WITH REENLISTMENT LEAVE WILL BE AT THE TRAVELER'S EXPENSE OR ON A SPACE AVAILABLE BASIS IN MILITARY AIRCRAFT. THE PURPOSE OF SUCH REGULATION WAS TO AUTHORIZE TRAVEL TO THE PORT OF DEBARKATION IN A TEMPORARY DUTY STATUS RATHER THAN IN A LEAVE STATUS. IT PROVIDED NO AUTHORITY FOR REIMBURSING A MEMBER FOR EXPENSES HE MIGHT INCUR FOR SUCH TRAVEL, EITHER FOR HIMSELF OR HIS DEPENDENTS, IF PERFORMED BY OTHER THAN GOVERNMENT TRANSPORTATION FACILITIES.

IT HAS BEEN HELD THAT TRAVEL PERFORMED BY A MEMBER WHILE ON LEAVE IS NOT TRAVEL ON PUBLIC BUSINESS AND SUCH TRAVEL MUST BE AT THE MEMBER'S OWN EXPENSE. 36 COMP. GEN. 257; B-129214, OCTOBER 12, 1956, AND B-143799, SEPTEMBER 23, 1960. THE CHANGE IN PARAGRAPH 15, ARMY REGULATIONS 630-5, STATED IN THE LETTER OF DECEMBER 31, 1958, TO BE EFFECTIVE DECEMBER 3, 1958, AND SUPPLEMENTED BY THE MESSAGE, PERTAINS TO THE TEMPORARY DUTY STATUS OF MEMBERS TRAVELING ON LEAVE AND AFFECTS ONLY THE CHARGING OF LEAVE FOR TRAVEL TIME AND DOES NOT CHANGE THE REQUIREMENT THAT TRAVEL ON LEAVE WAS TO BE AT THE MEMBER'S OWN EXPENSE OR ON A SPACE AVAILABLE BASIS IN MILITARY AIRCRAFT. THERE IS NO PROVISION FOR REIMBURSEMENT FOR A MEMBER'S LEAVE TRAVEL WHEN COMMERCIAL AIR IS USED, NOR IS THERE ANY PROVISION IN THE REGULATIONS FOR THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE WHEN ACCOMPANYING A MEMBER ON LEAVE. ACCORDINGLY, THERE IS NOT AUTHORITY FOR REIMBURSEMENT OF ANY OF THE EXPENSES INCURRED BY YOU IN THE TRAVEL BY YOU AND YOUR DEPENDENTS FROM PUERTO NUEVO, PUERTO RICO, TO FORT BRAGG, NORTH CAROLINA, DURING THE PERIOD JANUARY 22 TO JANUARY 23, 1959. FURTHER, THE SETTLEMENT OF DECEMBER 16, 1959, COVERING ADDITIONAL TRAVEL WAS CORRECT AND IS SUSTAINED.