B-150842, JUL. 17, 1963

B-150842: Jul 17, 1963

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MOLLY: FURTHER REFERENCE IS MADE TO YOUR LETTER IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 4. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN. THE PURPOSE OF THE TRIP WAS TO PERFORM WEATHER RECONNAISSANCE OUT OF THE AZORES FOR THE REST OF THE MONTH. AT NO TIME WERE THE MISSIONS SCHEDULED TO COME WITHIN 100 MILES OF THE EUROPEAN OR AFRICAN COAST. YOU SAY THAT AFTER ARRIVING AT LAGES YOU WERE BILLETED IN THE VISITING OFFICERS QUARTERS AND DEPOSITED YOUR BELONGINGS THERE. THE FLYING MISSIONS WERE TO HAVE BEEN HELD UPON SHORT NOTICE AND IT WOULD HAVE BEEN IMPRACTICAL TO REPACK YOUR BELONGINGS FOR EACH AND EVERY TRIP. THE FIRST MISSION WAS ON THE MORNING OF THE 6TH.

B-150842, JUL. 17, 1963

TO FIRST LIEUTENANT KENNETH R. MOLLY:

FURTHER REFERENCE IS MADE TO YOUR LETTER IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 4, 1963, WHICH DISALLOWED YOUR CLAIM FOR $55.36, REPRESENTING THE COST OF CIVILIAN CLOTHING PURCHASED BY YOU AT LISBON, PORTUGAL, ON AUGUST 6, 1962.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN. IN YOUR LETTER YOU STATE THAT ON OR ABOUT AUGUST 4, 1962, YOUR CREW DEPARTED THE UNITED STATES AND ARRIVED AT LAGES AIR TRANSPORT STATION, AZORES, PORTUGAL. THE PURPOSE OF THE TRIP WAS TO PERFORM WEATHER RECONNAISSANCE OUT OF THE AZORES FOR THE REST OF THE MONTH. EACH CREW MEMBER HAD ON BOARD THE AIRCRAFT SUFFICIENT UNIFORMS AND CIVILIAN CLOTHING FOR A 30-DAY STAY. THE WEATHER RECONNAISSANCE MISSIONS WOULD ENTAIL FLYING OUT OF THE AZORES IN VARIOUS DIRECTIONS FOR APPROXIMATELY 600 MILES, RETURNING TO LAGES AIR TRANSPORT STATION. AT NO TIME WERE THE MISSIONS SCHEDULED TO COME WITHIN 100 MILES OF THE EUROPEAN OR AFRICAN COAST.

YOU SAY THAT AFTER ARRIVING AT LAGES YOU WERE BILLETED IN THE VISITING OFFICERS QUARTERS AND DEPOSITED YOUR BELONGINGS THERE. THE FLYING MISSIONS WERE TO HAVE BEEN HELD UPON SHORT NOTICE AND IT WOULD HAVE BEEN IMPRACTICAL TO REPACK YOUR BELONGINGS FOR EACH AND EVERY TRIP. THE FIRST MISSION WAS ON THE MORNING OF THE 6TH. IT WAS DURING THIS MISSION THAT THE PLANE LOST AN ENGINE MAKING IS NECESSARY TO LAND AT LISBON INTERNATIONAL AIRPORT. AFTER LANDING AT LISBON IT WAS SOON APPARENT THAT IT WOULD BE NECESSARY TO REMAIN THERE FOR AT LEAST A WEEK. YOU SAY THAT SINCE IT WAS NECESSARY TO BE QUARTERED IN DOWNTOWN LISBON IT WAS EVIDENT THAT YOU WOULD NEED CIVILIAN CLOTHING. YOU FURTHER SAY THAT UPON YOUR RETURN TO SHAW AIR FORCE BASE YOU WERE INFORMED YOU COULD BE REIMBURSED FOR THE EXPENDITURE SINCE IT WAS INCURRED DUE TO AN UNFORESEEN EMERGENCY AND WAS NECESSARY FOR THE ACCOMPLISHMENT OF YOUR MILITARY DUTIES.

AIR FORCE REGULATIONS RELATING TO THE PURCHASE OF CIVILIAN CLOTHING REQUIRED FOR THE PERFORMANCE OF TEMPORARY DUTY MAKE NO PROVISION FOR REIMBURSEMENT FOR SUCH PURCHASE BY AN OFFICER. HOWEVER, IN THE PRESENT CASE THE CLOTHING WAS NOT REQUIRED FOR ORDERED TEMPORARY DUTY BUT IS CLAIMED AS AN UNFORESEEN ITEM OF TRAVEL EXPENSE. AS TO TRAVEL AND TRANSPORTATION ALLOWANCES, THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS AND THAT THOSE ALLOWANCES FOR EACH KIND OF TRAVEL SHALL BE TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN THE PLACE OF TRANSPORTATION, PLUS A PER DIEM IN PLACE OF SUBSISTENCE. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO MAKE NO PROVISION FOR REIMBURSEMENT FOR CIVILIAN CLOTHING PURCHASED BY A MEMBER AND CLAIMED AS AN ITEM OF TRAVEL EXPENSE. THUS, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

IT IS REGRETTED THAT YOU WERE ERRONEOUSLY ADVISED BY PERSONNEL AT SHAW AIR FORCE BASE THAT YOU COULD BE REIMBURSED FOR THE CIVILIAN CLOTHING PURCHASED AT LISBON. SUCH ADVISE, HOWEVER, DOES NOT AFFORD A BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JUNE 4, 1963, IS SUSTAINED.