B-150618, SEP. 13, 1965

B-150618, SEP. 13, 1965

TO MR. LAMBERT E. GOOD, U.S. ARMY ENGINEER DISTRICT, GULF CORPS OF ENGINEERS:

THIS REFERS TO YOUR LETTER OF AUGUST 2, 1965, CONCERNING THE REIMBURSEMENT FOR THE COST OF TRAVEL OF CIVILIAN EMPLOYEES FOR MEDICAL TREATMENT BETWEEN FRANKFURT, GERMANY, AND TEHRAN, IRAN.

YOU SAY THAT CERTAIN EMPLOYEES RECEIVED REIMBURSEMENT FOR SUCH TRAVEL BETWEEN THE POINTS INVOLVED BUT YOU WERE NOT REIMBURSED. WE HAVE NO EVIDENCE INDICATING A LACK OF GOOD FAITH BY THE ADMINISTRATIVE OFFICIALS WHO AUTHORIZED CERTAIN CIVILIAN EMPLOYEES TO TRAVEL AT GOVERNMENT EXPENSE. THE EMPLOYEES TRAVELED PURSUANT TO TRAVEL ORDERS AND HAVE BEEN REIMBURSED. MOREOVER, NO SPECIFIC STATUTORY OR REGULATORY PROVISION IS SHOWN TO HAVE BEEN VIOLATED. THE REPORT FROM THE ADMINISTRATIVE OFFICE COVERING THIS SITUATION IS AS FOLLOWS:

"1. A UNITED STATES ARMY HOSPITAL, ASSIGNED TO THIS COMMAND, IS MAINTAINED IN TEHRAN, IRAN. THE FACILITIES AND STAFFING OF THIS HOSPITAL ARE LIMITED, AND PATIENTS REQUIRING CARE BEYOND ITS CAPABILITIES ARE TRANSFERRED TO THE U.S. ARMY HOSPITAL, LANDSTUHL, GERMANY, FOR FURTHER TREATMENT. LOCAL CIVILIAN HOSPITALS ARE NOT USED.

"2. ARMY REGULATION AR 37-102 FINANCIAL ADMINISTRATION, ARMY FISCAL CODE, DATED JUN 1957 AS AMENDED BY CHANGE 26 DATED 26 SEP 1962 LISTS ON PAGE 4- 231 AN OPEN ALLOTMENT ACCOUNT CLASSIFICATION (2132020 06-903 P2420-21 S99- 999) WITH THE FOLLOWING DESCRIPTION:

" "FOR TEMPORARY DUTY TRAVEL OF PATIENTS (EXCLUDING DEPENDENT PATIENTS EXCEPT BY GOVERNMENT TRANSPORTATION ONLY) TO, FROM, OR BETWEEN HOSPITALS IN CONNECTION WITH INPATIENT CARE, (APPLICABLE ONLY TO FUNCTIONAL CODE 2420.12, CH. 12, SECTION II, AR 1-11-3.) THIS ALLOTMENT IS NOT APPLICABLE FOR TRAVEL OF PATIENTS IN CONNECTION WITH OUTPATIENT MEDICAL AND DENTAL CARE. TRAVEL TO, FROM, OR BETWEEN MEDICAL TREATMENT FACILITIES BY MILITARY PERSONNEL FOR OUTPATIENT MEDICAL AND DENTAL CARE WHEN NO ADEQUATE MEDICAL FACILITIES (INCLUDING CIVILIAN FACILITIES) ARE AVAILABLE IS CHARGEABLE TO FUNDS AVAILABLE AT THE STATION AUTHORIZING THE TRAVEL FOR THIS PURPOSE.'

"3. IT IS RECOGNIZED THAT THE DEPARTMENT OF THE ARMY HAS A RESPONSIBILITY FOR THE HEALTH OF ITS CIVILIAN EMPLOYEES--- ESPECIALLY OVERSEAS WHERE ADEQUATE CIVILIAN MEDICAL FACILITIES ARE NOT AVAILABLE IN THE AREA. PROVIDE REQUIRED MEDICAL SERVICE BEYOND THE CAPABILITY OF THE LOCAL U.S. ARMY HOSPITAL, DA CIVILIAN EMPLOYEES WERE TRANSPORTED TO THE HOSPITAL IN GERMANY BY MILITARY AIRCRAFT AS "SPACE REQUIRED" PASSENGERS. THE SCHEDULE FOR MILITARY AIRCRAFT SERVICING IRAN IS SUCH THAT PATIENTS WERE OFTEN REQUIRED TO WAIT FOR LONG PERIODS OF TIME AND TO CHANGE PLANES SEVERAL TIMES ENROUTE BACK TO THEIR HOME STATION AFTER RELEASE FROM THE U.S. ARMY HOSPITAL IN GERMANY. THIS COMMAND WAS DESIROUS OF FINDING A METHOD OF AUTHORIZING RETURN BY COMMERCIAL MEANS WHERE IT WAS BOTH DESIRABLE AND ECONOMICAL TO RETURN THE EMPLOYEE TO THE JOB AS SOON AS PRACTICAL.

"4. ON 19 DEC. 1961 THIS COMMAND INITIATED A REQUEST TO HQ EUCOM, THE NEXT HIGHER COMMAND, CONCERNING THE APPLICABILITY OF THE OPEN ALLOTMENT CITED IN PARAGRAPH 2 ABOVE TO DAC EMPLOYEES * * *. BASED ON THE AFFIRMATIVE REPLY TO THIS INQUIRY * * * TEMPORARY DUTY ORDERS WERE ISSUED CITING THE OPEN ALLOTMENT AND CONTAINING INSTRUCTIONS AS TO WHEN COMMERCIAL TRANSPORTATION COULD BE USED. THE TEMPORARY DUTY ORDER COVERING THE TRAVEL OF MR. PERCY W. SHANLEY IS ATTACHED * * *. THIS IS AN EXAMPLE OF ORDERS ISSUED AND PROBABLY PERTAINS TO ONE OF THE EMPLOYEES REFERRED TO BY MR. GOOD. MRS. ETHELYN B. RIPPY, GS-10, WAS ISSUED SIMILAR ORDERS 17 DEC 1962.

"5. IN VIEW OF THE INTERPRETATION OF THE COMPTROLLER GENERAL ON THIS MATTER THIS COMMAND HAS SUSPENDED AUTHORIZING TRAVEL BY COMMERCIAL MEANS FOR DAC EMPLOYEES TRAVELING BETWEEN HOSPITALS ON AN INPATIENT BASIS.'

YOU WILL NOTE THAT THE TRAVEL IN THOSE CASES WAS PERFORMED AFTER THE FAVORABLE ADMINISTRATIVE DETERMINATION AND PRIOR TO OUR 1963 DECISION IN THIS AREA QUESTIONING THE PRACTICE. IN THE PARTICULAR CIRCUMSTANCES WE CONCLUDED THAT A REFUND OF THE PAYMENTS SO MADE WAS NOT REQUIRED.

IN YOUR CASE, HOWEVER, THE TRAVEL ORDER LO 8-26 DATED AUGUST 22, 1961, ONLY AUTHORIZED YOU TO TRAVEL BY GOVERNMENT AIRCRAFT WHEN SPACE WAS AVAILABLE. THE TRAVEL ORDER SPECIFICALLY PROVIDED ,NO TVL COSTS CHG TO US GOVT.' MOREOVER, THE TRAVEL WAS PERFORMED PRIOR TO THE ADMINISTRATIVELY APPROVED PROCEDURES. THEREFORE, NO BASIS EXISTS FOR US TO PAY THE COST OF YOUR COMMERCIAL TRAVEL.