B-150518, FEB. 11, 1963

B-150518, FEB. 11, 1963

TO MR. DONALD M. STRUNK:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1962, IN EFFECT REQUESTING A REVIEW OF OUR SETTLEMENT OF DECEMBER 3, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED ON JULY 8, 1962, VIA COMMERCIAL AIR FROM TEHRAN, IRAN, TO FRANKFURT, GERMANY.

BY LETTER OF HEADQUARTERS, 64TH ENGINEER BATTALION (BASE TOPOGRAPHIC) ARMY MAP SERVICE SPECIAL FOREIGN ACTIVITY, APO 231, NEW YORK, NEW YORK, DATED JULY 7, 1962, YOU WERE GRANTED 30 DAYS' EMERGENCY LEAVE EFFECTIVE ON OR ABOUT JULY 8, 1962, WITH AUTHORITY TO VISIT SPOONER, WISCONSIN. THE LETTER INDICATED THAT YOU WERE ON DUTY AT TEHRAN, IRAN, AND CITED PARAGRAPH 10, ARMY REGULATIONS 630-5, AS AUTHORITY FOR GRANTING SUCH LEAVE. THE RECORD SHOWS THAT YOU DEPARTED TEHRAN, IRAN, BY COMMERCIAL AIR JULY 8, 1962, ARRIVING AT FRANKFURT, GERMANY, THE SAME DAY AND THAT YOU DEPARTED FRANKFURT THAT DAY, ARRIVING AT MCGUIRE AIR FORCE BASE, NEW JERSEY, JULY 9, 1962. PURSUANT TO PARAGRAPH 5, SPECIAL ORDERS NO. 179, DATED SEPTEMBER 4, 1962, HEADQUARTERS, FORT SHERIDAN, FORT SHERIDAN, ILLINOIS, YOU WERE RELEASED FROM ACTIVE DUTY THAT DAY. YOU INDICATE THAT ALL TRANSPORTATION INVOLVED IN YOUR RETURN TO THE CONTINENTAL UNITED STATES WAS AT GOVERNMENT EXPENSE EXCEPT THAT FROM TEHRAN TO FRANKFURT. YOUR CLAIM IS FOR REIMBURSEMENT OF $271.60 PAID BY YOU FOR TRANSPORTATION BETWEEN THOSE POINTS. IT APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD BE PAID SUCH AMOUNT SINCE THE GOVERNMENT IS OBLIGATED TO RETURN MEMBERS FROM OVERSEAS DUTY ASSIGNMENTS AND THAT OBLIGATION OTHERWISE WOULD NOT BE MET IN YOUR CASE INASMUCH AS YOU DID NOT RETURN TO TEHRAN AFTER TRAVELING TO THE UNITED STATES INCIDENT TO THE AUTHORIZED LEAVE OF ABSENCE.

PARAGRAPH 3050/1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, 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. PARAGRAPH 6454 OF THESE REGULATIONS PROVIDES FURTHER THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

IT HAS CONSISTENTLY BEEN HELD THAT ALLOWANCES ARE NOT PAYABLE FOR TRAVEL PERFORMED SOLELY FOR LEAVE PURPOSES, THE TRAVEL BEING CONSIDERED AS MADE FOR PERSONAL REASONS AND NOT AS HAVING BEEN PERFORMED ON PUBLIC BUSINESS. PERRIMOND V. UNITED STATES, 19 CT.CL. 509; DAY V. UNITED STATES, 123 CT.CLS. 10, 18. SEE ALSO 30 COMP. GEN. 22. PARAGRAPH 20, ARMY REGULATIONS 630-5, IMPLEMENTING THE JOINT TRAVEL REGULATIONS, PROVIDES THAT TRAVEL PERFORMED IN CONNECTION WITH LEAVE WILL BE AT THE EXPENSE OF THE INDIVIDUAL MEMBER, EXCEPT THAT IN CONNECTION WITH EMERGENCY LEAVE, TRAVEL BY GOVERNMENT TRANSPORTATION IS AUTHORIZED ONLY FROM THE OVERSEAS PORT OF EMBARKATION TO THE CONTINENTAL UNITED STATES PORT OF DEBARKATION OR BETWEEN CERTAIN DEFINED AREAS OF DUTY AND EMERGENCY LEAVE ADDRESSES, AS SET FORTH IN PARAGRAPH 10 OF THOSE REGULATIONS. COMMERCIAL TRAVEL AT GOVERNMENT EXPENSE IS SPECIFICALLY PROHIBITED BY SUCH REGULATIONS FOR ANY PORTION OF TRAVEL AUTHORIZED IN CONNECTION WITH EMERGENCY LEAVE.

SINCE THE TRAVEL IN QUESTION WAS PERFORMED SOLELY IN CONNECTION WITH AUTHORIZED EMERGENCY LEAVE, IT MUST BE CONSIDERED AS TRAVEL FOR PERSONAL REASONS RATHER THAN ON PUBLIC BUSINESS. CONSEQUENTLY, NO AUTHORITY EXISTS UNDER THE CITED LAW AND REGULATIONS FOR REIMBURSEMENT OF YOUR EXPENSE FOR THE TRAVEL FROM TEHRAN TO FRANKFURT EVEN THOUGH GOVERNMENT TRANSPORTATION OTHERWISE WAS NOT AVAILABLE TO YOU. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 3, 1962, WAS CORRECT AND IS SUSTAINED.