B-150644, MARCH 28, 1963, 42 COMP. GEN. 544

B-150644: Mar 28, 1963

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SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TERMINAL TO HEADQUARTERS OFFICERS WHO ARE ASSIGNED TO THE ARMED FORCES COURIER SERVICE LOCATED IN THE PENTAGON FROM WHERE THEY DEPART WITH THE CLASSIFIED MATERIAL THEY ARE ESCORTING FOR THE NATIONAL AIRPORT VIA GOVERNMENT VEHICLE AND RETURN FROM THE FRIENDSHIP INTERNATIONAL AIRPORT BY AIR CARRIER TRUCKING SERVICE. IN VIEW OF THE FACT THAT THE PENTAGON IS NOT A TERMINAL OF THE CARRIER INCIDENT TO EITHER THE DEPARTURE OR RETURN TRAVEL OF THE OFFICERS AND. THERE IS NO AUTHORITY TO REIMBURSE THE OFFICERS FOR TRAVEL NORMALLY REQUIRED BETWEEN HOME AND PLACE OF DUTY. IN THE COMPUTATION OF PER DIEM MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO A COURIER SERVICE LOCATED IN THE PENTAGON WHO INCIDENT TO ESCORTING CLASSIFIED MATERIAL RETURN TO THEIR DUTY STATION FROM THE FRIENDSHIP INTERNATIONAL AIRPORT BY TRUCKING SERVICES AVAILABLE ONLY TO THE COURIER SERVICE ARE ENTITLED TO HAVE INCLUDED THE TIME NECESSARY FOR THE RETURN TRAVEL FROM FRIENDSHIP TO THE PENTAGON.

B-150644, MARCH 28, 1963, 42 COMP. GEN. 544

TRAVEL EXPENSES - MILITARY PERSONNEL - BETWEEN RESIDENCE AND HEADQUARTERS. SUBSISTENCE - PER DIEM - MILITARY PERSONNEL - TERMINAL TO HEADQUARTERS OFFICERS WHO ARE ASSIGNED TO THE ARMED FORCES COURIER SERVICE LOCATED IN THE PENTAGON FROM WHERE THEY DEPART WITH THE CLASSIFIED MATERIAL THEY ARE ESCORTING FOR THE NATIONAL AIRPORT VIA GOVERNMENT VEHICLE AND RETURN FROM THE FRIENDSHIP INTERNATIONAL AIRPORT BY AIR CARRIER TRUCKING SERVICE--- A SPECIAL DELIVERY SERVICE AND NOT A REGULARLY SCHEDULED LIMOUSINE SERVICE FOR THE CONVENIENCE OF ALL AIRLINE PASSENGERS--- MAY NOT BE REIMBURSED THE TRANSPORTATION EXPENSE INVOLVED FOR ROUND-TRIP TRAVEL BETWEEN THE PENTAGON AND THEIR RESIDENCES, IN VIEW OF THE FACT THAT THE PENTAGON IS NOT A TERMINAL OF THE CARRIER INCIDENT TO EITHER THE DEPARTURE OR RETURN TRAVEL OF THE OFFICERS AND, THEREFORE, THERE IS NO AUTHORITY TO REIMBURSE THE OFFICERS FOR TRAVEL NORMALLY REQUIRED BETWEEN HOME AND PLACE OF DUTY. IN THE COMPUTATION OF PER DIEM MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO A COURIER SERVICE LOCATED IN THE PENTAGON WHO INCIDENT TO ESCORTING CLASSIFIED MATERIAL RETURN TO THEIR DUTY STATION FROM THE FRIENDSHIP INTERNATIONAL AIRPORT BY TRUCKING SERVICES AVAILABLE ONLY TO THE COURIER SERVICE ARE ENTITLED TO HAVE INCLUDED THE TIME NECESSARY FOR THE RETURN TRAVEL FROM FRIENDSHIP TO THE PENTAGON, THE REQUIREMENT OF PARAGRAPH 4204- 3 OF THE JOINT TRAVEL REGULATIONS FOR COMPUTATION OF PER DIEM ALLOWANCES ON THE BASIS OF COMMON CARRIERS' SCHEDULES PERTAINING ONLY WHERE THE TERMINALS OF THE CARRIERS ARE SITUATED WITHIN THE DEFINED LIMITS OF MEMBERS' DUTY STATIONS OR IN A NEARBY AREA READILY AND EASILY ACCESSIBLE BY PUBLIC CARRIER; THEREFORE, THE FRIENDSHIP INTERNATIONAL AIRPORT BEING OUTSIDE OF WHAT MAY REASONABLY BE CONSIDERED THE DUTY STATION OF THE MEMBERS, THEY WERE IN A TRAVEL STATUS, AND ARE ENTITLED TO PER DIEM FROM THE TIME OF DEPARTURE FROM THE NATIONAL AIRPORT TO THEIR RETURN TO THE PENTAGON.

TO COLONEL J. WILSON, DEPARTMENT OF THE ARMY, MARCH 28, 1963:

BY SECOND INDORSEMENT DATED JANUARY 15, 1963, THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF NOVEMBER 7, 1962, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHERS IN FAVOR OF SECOND LIEUTENANTS RICHARD H. MILTON AND DONALD H. SANDERS, ADJUTANT GENERAL'S CORPS, FOR REIMBURSEMENT OF TRAVEL EXPENSES AND FRACTIONAL PER DIEM UNDER THE CIRCUMSTANCES STATED BELOW. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 63-1.

IN CONNECTION WITH THE ACTIVITIES OF THE ARMED FORCES COURIER SERVICE, LIEUTENANTS MILTON AND SANDERS WERE DESIGNATED TOP SECRET COURIERS FOR THE FISCAL YEAR 1963, AND BY INDIVIDUAL BLANKET TRAVEL ORDERS DATED JUNE 13, 1962, DIRECTED TO PROCEED DURING THAT PERIOD FROM THEIR ASSIGNED COURIER TRANSFER STATION, LOCATED IN THE PENTAGON, TO SUCH PLACES AND AT SUCH TIMES AS REQUIRED, WITH RETURN TO THEIR STATION UPON COMPLETION OF EACH TRIP. IT APPEARS THAT ON JULY 20, 1962, LIEUTENANT MILTON PROCEEDED BY COMMERCIAL BUS FROM HIS RESIDENCE TO THE PENTAGON FROM WHICH HE DEPARTED BY GOVERNMENT TRUCK AT 6:50 A.M. (EST), FOR WASHINGTON NATIONAL AIRPORT ON A COURIER ASSIGNMENT TO CINCINNATI, OHIO, AND RETURN, AS ESCORT FOR CLASSIFIED MATERIAL. HE LEFT WASHINGTON NATIONAL AIRPORT AT 8:20 A.M., BY COMMERCIAL PLANE AND ON THE RETURN TRIP, ALSO BY COMMERCIAL PLANE, ARRIVED AT FRIENDSHIP INTERNATIONAL AIRPORT, MARYLAND, AT 4:40 P.M. THE OFFICER DEPARTED FRIENDSHIP INTERNATIONAL AIRPORT ABOARD A COMMERCIAL TRUCK PROVIDED BY THE COMMERCIAL AIR CARRIER FOR THE CONVEYANCE OF CLASSIFIED MATERIAL, AND ACCOMPANYING COURIERS, BETWEEN THE AIRPORT AND THE PENTAGON ON A SCHEDULE PREPARED BY THE ARMED FORCES COURIER SERVICE. IT APPEARS FROM THE FILE THAT THE CHARGES FOR THE TRUCK ARE BORNE BY THE AIR CARRIER IN PURSUANCE OF A POLICY THAT FRIENDSHIP INTERNATIONAL AIRPORT AND WASHINGTON NATIONAL AIRPORT ARE TO BE CONSIDERED AS ONE AIRPORT IN DETERMINING AIR CARGO RATES. LIEUTENANT MILTON ARRIVED AT THE PENTAGON AT 7:00 P.M., AND THEREAFTER PROCEEDED TO HIS HOME BY COMMERCIAL BUS. THE OFFICER'S CLAIM IS FOR REIMBURSEMENT OF 50 CENTS EXPENDED FOR THE TWO BUS FARES PLUS SIX DOLLARS FOR 3/4 DAY'S PER DIEM. ON AUGUST 31, 1962, LIEUTENANT SANDERS PERFORMED A SIMILAR TRIP EXCEPT THE TRAVEL FROM HIS RESIDENCE TO THE PENTAGON AND RETURN WAS BY PRIVATELY OWNED VEHICLE, AND HIS DEPARTURE FROM AND RETURN TO THE PENTAGON WERE AT 7:20 A.M. AND 7:10 P.M., RESPECTIVELY. LIEUTENANT SANDERS' CLAIM IS FOR 98 CENTS AS REIMBURSEMENT AT SEVEN CENTS A MILE FOR FOURTEEN MILES TRAVELED BY PRIVATE CONVEYANCE ON THE ROUND TRIP BETWEEN HIS HOME AND THE PENTAGON PLUS SIX DOLLARS FOR 3/4 DAY'S PER DIEM.

YOU POINT OUT THAT, BASED ON THE COMMON CARRIER SCHEDULES, BOTH OFFICERS COMPLETED A ROUND TRIP WITHIN A 10-HOUR PERIOD OF ONE CALENDAR DAY. HOWEVER, IN VIEW OF OUR DECISION OF DECEMBER 31, 1956, 36 COMP. GEN. 476, WHICH AUTHORIZED REIMBURSEMENT FOR TAXI FARE FROM RESIDENCE TO OFFICE BECAUSE THE EMPLOYEE'S OFFICE WAS CONSIDERED AS AN "OTHER TERMINAL," YOU ASK IF THE PENTAGON SIMILARLY MAY BE CONSIDERED AS AN OTHER TERMINAL IN THE TWO CASES AT HAND.

WE HELD IN 36 COMP. GEN. 476, QUOTING FROM THE SYLLABUS:

AN EMPLOYEE WHO USED A TAXICAB FROM RESIDENCE TO OFFICE BECAUSE SHE WAS REQUIRED TO TAKE A SUITCASE IN PREPARATION FOR A FIVE-DAY TRAVEL STATUS TO BEGIN FROM THE OFFICE INCIDENT TO A CIVIL DEFENSE EXERCISE MAY HAVE THE OFFICE CONSIDERED AS A TERMINAL SO AS TO BE ENTITLED TO REIMBURSEMENT FOR THE TAXI FARE.

THE ABOVE-CITED DECISION DEALT WITH REIMBURSEMENT FOR A TAXICAB FARE UNDER PARAGRAPH 8A (NOW SECTION 3.1B) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH PROVIDES THAT THE USUAL TAXICAB FARES FROM STATION, WHARF, OR OTHER TERMINAL TO EITHER PLACE OF ABODE OR PLACE OF BUSINESS AND FROM EITHER PLACE OF ABODE OR PLACE OF BUSINESS TO STATION, WHARF, OR OTHER TERMINAL WILL BE ALLOWED. THE HOLDING WAS PREMISED ON THE VIEW THAT THE PHRASE "STATION, WHARF, OR OTHER ERMINAL" WAS EMPLOYED IN THAT PROVISION IN A DESCRIPTIVE RATHER THAN A RESTRICTIVE SENSE. HENCE, THE EMPLOYEE'S OFFICE WAS HELD TO BE A "TERMINAL" WITHIN THE PURVIEW OF THE TERM AS USED IN PARAGRAPH 8A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS IT WAS THE POINT OF DEPARTURE ON TEMPORARY DUTY TRAVEL BY PRIVATELY OWNED AUTOMOBILE, THE MODE OF TRANSPORTATION EMPLOYED FOR THE TRAVEL INVOLVED. SUCH DECISION COULD NOT BE CONSIDERED TO HAVE POSSIBLE APPLICATION IN THE PRESENT CASE IF, IN THE CIRCUMSTANCES INVOLVED, IT COULD NOT BE CONSIDERED THAT THE PENTAGON WAS IN FACT THE POINT OF THE OFFICERS' DEPARTURE BY THE MODE OF TRANSPORTATION USED IN THEIR TRAVEL.

THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO THE STATUTORY CONTAINED IN SECTION 404, TITLE 37, U.S. CODE, AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS. IN CONNECTION WITH THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY, PARAGRAPH 4401 OF THOSE REGULATIONS PROVIDES FOR REIMBURSEMENT OF TAXICAB, BUS, STREETCAR, SUBWAY, OR OTHER PUBLIC CARRIER FARES BETWEEN PLACES OF ABODE, LODGING, OR PLACE OF DUTY, AND STATIONS, WHARVES, AIRPORTS, OR OTHER LOCAL TERMINALS OF THE MODE OF COMMERCIAL OR GOVERNMENT TRANSPORTATION USED IN THE TRAVEL, OR, IN LIEU THEREOF, REIMBURSEMENT FOR THE USE OF A PRIVATELY OWNED CONVEYANCE. CIRCUMSTANCES WHERE THE AIRPORT OF THE AIRLINE USED IS SITUATED OUTSIDE THE AREA OF THE DUTY STATION, DEFINED IN PARAGRAPH 1150-10 AS EXTENDING TO THE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER IS STATIONED OR, IF NOT STATIONED IN A CITY OR TOWN, TO THE LIMITS OF THE RESERVATION, STATION OR ESTABLISHED AREA, AND REGULARLY SCHEDULED LIMOUSINE SERVICE IS PROVIDED FOR THE CONVENIENCE OF THE PASSENGERS OF THE AIRLINE TO AN ESTABLISHED TERMINAL WITHIN THE DUTY STATION AREA, THERE HAS BEEN RECOGNIZED A RIGHT TO TRANSPORTATION AND TRAVEL ALLOWANCES ON THE BASIS THAT SUCH LIMOUSINE TERMINAL IS TO BE CONSIDERED THE CARRIER'S TERMINAL RATHER THAN THE AIRPORT FOR THOSE ACTUALLY USING THE LIMOUSINE SERVICES. 35 COMP. GEN. 650; 40 COMP. GEN. 7.

WHILE THE OFFICERS HERE CONCERNED DEPARTED THE PENTAGON ABOARD A GOVERNMENT TRUCK USED TO TRANSPORT THE CLASSIFIED MATERIAL TO WASHINGTON NATIONAL AIRPORT, IT IS REPRESENTED THAT THEY WERE FURNISHED TRANSPORTATION FROM FRIENDSHIP AIRPORT TO THE PENTAGON INCIDENT TO THEIR RETURN JOURNEYS FROM CINCINNATI ON A COMMERCIAL TRUCK PROVIDED BY THE AIR CARRIER ON A REGULARLY SCHEDULED BASIS. IT APPEARS FROM THE RECORD PRESENTED THAT SUCH TRUCKING SERVICE IS PROVIDED PRINCIPALLY AS A MEANS FOR DELIVERY FOR COURIER MATERIAL AND ACCOMPANYING COURIERS AND THAT THE TRUCK SCHEDULE IS ONE PREPARED BY THE ARMED FORCES COURIER SERVICE FOR THAT PURPOSE RATHER THAN ONE PROVIDED GENERALLY FOR THE USE AND CONVENIENCE OF ALL PASSENGERS OF THE AIRLINE. SINCE THE SERVICE IS ONE SET UP FOR THE COURIER SERVICE AND APPARENTLY AVAILABLE ONLY TO THAT SERVICE, SUCH ARRANGEMENT IS MORE IN THE NATURE OF AN AGREEMENT BETWEEN THE AIRLINE AND THE COURIER SERVICE FOR SPECIAL DELIVERY SERVICE THAN A PROVISION FOR A TERMINAL SUCH AS THE LIMOUSINE TERMINALS DESCRIBED ABOVE WHICH ARE ESTABLISHED FOR THE CONVENIENCE OF ALL AIRLINE PASSENGERS.

IT IS CONCLUDED, IN THE CIRCUMSTANCES, THAT THE PENTAGON MAY NOT BE CONSIDERED A TERMINAL OF THE CARRIER INVOLVED INCIDENT TO EITHER THE DEPARTURE OR THE RETURN TRAVEL PROVIDED TO THE OFFICERS CONCERNED AND CONSEQUENTLY THAT THERE IS NO AUTHORITY FOR REIMBURSEMENT OF THE TRANSPORTATION EXPENSES CLAIMED FOR THE TRAVEL BETWEEN THE PENTAGON AND THE OFFICERS' RESIDENCES, SUCH TRAVEL BEING ONLY THAT NORMALLY REQUIRED BETWEEN HOME AND PLACE OF DUTY. SEE PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

SECTION 404, TITLE 37, U.S. CODE, SUPRA, AUTHORIZES, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES, THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS WHILE TRAVELING AWAY FROM THEIR DESIGNATED POSTS OF DUTY. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THAT STATUTORY AUTHORITY, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES, AS AUTHORIZED UNDER EXISTING REGULATIONS, ONLY FOR PERIODS WHILE ACTUALLY IN A TRAVEL STATUS, SUCH STATUS COMMENCING WITH DEPARTURE FROM THEIR PERMANENT DUTY STATION AND TERMINATING WITH RETURN TO THAT STATION. FOR THE PURPOSES OF ENTITLEMENT TO PER DIEM, A MEMBER'S DUTY STATION HAS BEEN HELD TO INCLUDE THE PLACE FROM WHICH HE COMMUTES DAILY TO HIS STATION (34 COMP. GEN. 549), AS WELL AS COMMON CARRIER TERMINALS OUTSIDE THE DEFINED BOUNDARIES OF HIS DUTY STATION WHEN SITUATED IN A NEARBY AREA READILY AND EASILY ACCESSIBLE BY PUBLIC CARRIER. 40 COMP. GEN. 7, SUPRA. WE DO NOT BELIEVE, HOWEVER, THAT THE MEMBERS' DUTY STATION MAY REASONABLY BE VIEWED AS EXTENDING TO FRIENDSHIP INTERNATIONAL AIRPORT WHICH IS SITUATED AT A CONSIDERABLE DISTANCE FROM THE WASHINGTON, D.C., METROPOLITAN AREA AND IS NOT NORMALLY SERVICED BY LOCAL BUS AND TAXI FACILITIES SERVING THE WASHINGTON, D.C., METROPOLITAN AREA.

THE JOINT TRAVEL REGULATIONS PROVIDE IN PARAGRAPH 4204-3 THAT WHEN TRAVEL IS PERFORMED BY COMMON CARRIER THE PORTION OF THE PER DIEM ALLOWANCES PAYABLE FOR TRAVEL BETWEEN DUTY POINTS WILL BE BASED ON ACTUAL AND NECESSARY SCHEDULES BY THE CARRIER USED, WITH THE FURTHER PROVISION THAT, WITH EXCEPTIONS FOR DEPARTURES AND ARRIVALS BETWEEN MIDNIGHT AND 6:00 A.M., THE ACTUAL AND NECESSARY SCHEDULES WILL BE INTERPRETED AS THOSE WHICH MOST NEARLY COINCIDE WITH THE POSSIBLE TIME OF DEPARTURE AND ARRIVAL REQUIRED TO CARRY OUT THE PURPOSES OF THE TRAVEL ORDERS. SINCE THE BASIC STATUTORY PROVISION CONTEMPLATES THE PAYMENT OF TRAVEL ALLOWANCES TO MEMBERS WHILE TRAVELING AWAY FROM THEIR DUTY STATIONS, THE REQUIREMENTS OF PARAGRAPH 4204-3 FOR COMPUTATION OF PER DIEM ALLOWANCES ON THE BASIS OF COMMON CARRIERS' SCHEDULES ARE VIEWED AS PERTAINING TO ONLY THOSE SITUATIONS WHERE THE TERMINALS OF THE COMMON CARRIER USED IN THE TRAVEL ARE SITUATED WITHIN THE DEFINED LIMITS OF THE MEMBERS' DUTY STATION OR IN A NEARBY AREA READILY AND EASILY ACCESSIBLE BY PUBLIC CARRIER. IT IS CONCLUDED IN THE CIRCUMSTANCES, THEREFORE, THAT INASMUCH AS THE MEMBERS' TRAVEL BY COMMON CARRIER TERMINATED AT FRIENDSHIP INTERNATIONAL AIRPORT, MARYLAND, OUTSIDE WHAT MAY REASONABLY BE CONSIDERED AS THE MEMBERS' DUTY STATION, THE OFFICERS ARE ENTITLED TO HAVE INCLUDED IN THE COMPUTATION OF PER DIEM FOR THEIR JOURNEYS THE TIME NECESSARY FOR THE RETURN TRAVEL FROM FRIENDSHIP INTERNATIONAL AIRPORT TO THEIR DUTY STATION AT THE PENTAGON.

ACCORDINGLY, SINCE LIEUTENANTS MILTON AND SANDERS ARE VIEWED AS BEING ABSENT FROM THEIR DUTY STATION IN A TRAVEL STATUS FROM 8:20 A.M., WHEN THEY DEPARTED WASHINGTON NATIONAL AIRPORT, UNTIL THEIR RETURN TO THE PENTAGON AT 7:00 P.M., JULY 20, 1962, AND 7:10 P.M., AUGUST 31, 1962, RESPECTIVELY, PAYMENT FOR 3/4 DAY'S PER DIEM MAY BE MADE TO THE OFFICERS ON THE PRESENTED VOUCHERS WHICH ARE RETURNED HEREWITH.