B-151140, MAY 3, 1963

B-151140: May 3, 1963

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USAF: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. YOU WERE RELIEVED FROM DUTY WITH DETACHMENT 13. CONCURRENT TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED. TRAVEL WAS DIRECTED BY COMMERCIAL VESSEL FROM LA-GUAIRA. A-181 WAS AMENDED TO PROVIDE FOR TRAVEL BY COMMERCIAL AIR FROM CARACAS. ALL SURFACE TRANSPORTATION WAS CANCELLED UNTIL FURTHER NOTICE. YOU CLAIMED REIMBURSEMENT FOR SUCH PAYMENT AND ADDITIONAL MILEAGE FOR THE TRAVEL REQUIRED FROM NEW YORK TO YOUR DUTY STATION ON THE BASIS THAT THE MARITIME STRIKE PREVENTED UTILIZATION OF SURFACE TRANSPORTATION WITHIN A REASONABLE TIME AND YOU WERE REQUIRED TO PICK UP YOUR PRIVATELY OWNED VEHICLE WHICH HAD BEEN SHIPPED TO NEW YORK. IN THE EVENT YOUR CLAIM WAS NOT ALLOWED BY THE AIR FORCE.

B-151140, MAY 3, 1963

TO LIEUTENANT COLONEL GEORGE E. TALBOT, USAF:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED MAY 3, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $182 REPRESENTING THE ADDITIONAL COST OF TRAVEL BY COMMERCIAL AIR TO NEW YORK, NEW YORK, RATHER THAN TO MIAMI, FLORIDA, AND THE DIFFERENCE IN TRAVEL ALLOWANCE BETWEEN THAT COMPUTED ON THE DISTANCE FROM NEW YORK, NEW YORK, TO SHEPPARD AIR FORCE BASE, TEXAS, AND MIAMI, FLORIDA, TO SHEPPARD AIR FORCE BASE, INCIDENT TO YOUR TRANSFER FROM CARACAS, VENEZUELA, TO SHEPPARD AIR FORCE BASE, TEXAS, UNDER ORDERS OF APRIL 26, 1961, AS AMENDED.

BY PARAGRAPH 3, SPECIAL ORDERS NO. A-181, DATED APRIL 26, 1961, HEADQUARTERS CARIBBEAN AIR COMMAND, UNITED STATES AIR FORCE, ALBROOK AIR FORCE BASE, CANAL ZONE, YOU WERE RELIEVED FROM DUTY WITH DETACHMENT 13, UNITED STATES AIR FORCE MISSION TO VENEZUELA, CARACAS, VENEZUELA, AND ASSIGNED TO SHEPPARD TECHNICAL TRAINING CENTER, AIR TRAINING COMMAND, SHEPPARD AIR FORCE BASE, TEXAS, TO REPORT NOT LATER THAN 37 DAYS AFTER ARRIVAL AT THE UNITED STATES PORT OF ENTRY. CONCURRENT TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED. TRAVEL WAS DIRECTED BY COMMERCIAL VESSEL FROM LA-GUAIRA, VENEZUELA, TO NEW YORK, NEW YORK. BY SPECIAL ORDERS NO. A-354, SAME COMMAND, DATED JULY 3, 1961, PARAGRAPH 3, SPECIAL ORDERS NO. A-181 WAS AMENDED TO PROVIDE FOR TRAVEL BY COMMERCIAL AIR FROM CARACAS, VENEZUELA, TO MIAMI, FLORIDA.

IN YOUR LETTER OF OCTOBER 6, 1961, YOU STATED THAT AFTER RECEIPT OF SPECIAL ORDERS NO. A-181, YOU DELIVERED YOUR PRIVATELY OWNED VEHICLE TO THE PORT AUTHORITIES ON JUNE 16, 1961, FOR SHIPMENT TO NEW YORK CITY. YOU STATED FURTHER THAT DUE TO A MARITIME STRIKE IN THE UNITED STATES WHICH STARTED JUNE 19, 1961, ALL SURFACE TRANSPORTATION WAS CANCELLED UNTIL FURTHER NOTICE. SUBSEQUENTLY, YOU REQUESTED ORDERS TO PROVIDE FOR COMMERCIAL AIR TRAVEL TO NEW YORK, BUT SPECIAL ORDERS NO. A-354, DATED JULY 3, 1961, PROVIDED FOR AIR TRAVEL TO MIAMI, FLORIDA, ONLY. YOU AND YOUR DEPENDENTS TRAVELED BY COMMERCIAL AIR JULY 7 AND 8, 1961, NONSTOP TO IDLEWILD, NEW YORK, UTILIZING A TRANSPORTATION REQUEST ISSUED FOR TRAVEL TO MIAMI AND YOU PAID THE DIFFERENCE OF $182 FOR THE FARE TO NEW YORK. YOU CLAIMED REIMBURSEMENT FOR SUCH PAYMENT AND ADDITIONAL MILEAGE FOR THE TRAVEL REQUIRED FROM NEW YORK TO YOUR DUTY STATION ON THE BASIS THAT THE MARITIME STRIKE PREVENTED UTILIZATION OF SURFACE TRANSPORTATION WITHIN A REASONABLE TIME AND YOU WERE REQUIRED TO PICK UP YOUR PRIVATELY OWNED VEHICLE WHICH HAD BEEN SHIPPED TO NEW YORK. IN THE EVENT YOUR CLAIM WAS NOT ALLOWED BY THE AIR FORCE, YOU REQUESTED FURTHER THAT IT PRESENT A CLAIM IN THE AMOUNT OF $182 UNDER THE PROVISIONS OF ARTICLE 16, AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA, DATED JANUARY 16, 1953 (4 U.S. TREATIES AND OTHER INTERNATIONAL AGREEMENTS 102, AS AMENDED BY 10 ID. 2114), AND THAT YOU BE PAID A LIKE AMOUNT.

ON NOVEMBER 29, 1961, HEADQUARTERS, AIR TRAINING COMMAND, RANDOLPH AIR FORCE BASE, TEXAS, ADMINISTRATIVELY REFUSED TO FORWARD YOUR CLAIM TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER, STATING THAT YOU HAD BEEN PROPERLY PAID FROM THE AERIAL PORT OF DEBARKATION TO YOUR NEW PERMANENT STATION AND THAT YOU COULD HAVE REQUESTED TRANSHIPMENT OF YOUR PRIVATELY OWNED VEHICLE FROM NEW YORK TO NEW ORLEANS, LOUISIANA. BY LETTER OF DECEMBER 19, 1961, YOU TRANSMITTED THE CLAIM TO OUR OFFICE FOR SETTLEMENT, STATING THAT ARMY AND NAVY MISSION PERSONNEL RETURNING TO THE UNITED STATES FROM VENEZUELA, WITH FEW EXCEPTIONS, UTILIZE NEW YORK CITY AS THEIR PORT OF ENTRY WITHOUT REGARD TO GEOGRAPHICAL LOCATION OF STATION OF ASSIGNMENT. ALSO YOU SAID THAT THE GOVERNMENT OF VENEZUELA PAYS THE COST OF TRANSPORTATION OF THE MISSION MEMBER AND HIS FAMILY FROM VENEZUELA TO THE PORT OF ENTRY IN THE UNITED STATES AND THAT IT WOULD NOT HAVE BEEN FEASIBLE FOR YOU TO WAIT IN NEW ORLEANS FOR TRANSHIPMENT OF YOUR PRIVATELY OWNED VEHICLE FROM NEW YORK. YOUR CLAIM WAS DISALLOWED MAY 3, 1962, BY OUR OFFICE FOR THE REASONS THERE STATED.

IN YOUR LETTER OF MARCH 14, 1963, REQUESTING REVIEW OF OUR SETTLEMENT, YOU STATED THAT YOU DID NOT PROCEED IN A LEAVE STATUS AS INDICATED IN OUR SETTLEMENT FROM MIAMI, FLORIDA, TO NEW YORK, AS THE FLIGHT WAS NONSTOP FROM VENEZUELA TO IDLEWILD, NEW YORK, AND THE PORT OF ENTRY WAS NEW YORK. YOU STATED FURTHER THAT BECAUSE OF THE SHIPPING STRIKE WHICH OCCURRED AFTER RECEIPT OF THE ORIGINAL SET OF ORDERS AND AFTER SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE TO NEW YORK, THE GOVERNMENT HAD A MORAL AND ACTUAL RESPONSIBILITY TO MAKE GOOD ON THE ORIGINAL ORDERS.

UNDER THE PROVISIONS OF PARAGRAPH 4159-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, A MEMBER TRAVELING UNDER PERMANENT CHANGE OF STATION ORDERS FROM A POINT OUTSIDE THE UNITED STATES, WHICH ORDERS DO NOT DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, IS ENTITLED TO TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, OTHERWISE BY GOVERNMENT PROCURED TRANSPORTATION IF GOVERNMENT TRANSPORTATION REQUESTS ARE AVAILABLE AND TO TRANSPORTATION ALLOWANCES SPECIFIED THEREIN FOR THE OFFICIAL DISTANCE BETWEEN THE APPROPRIATE AERIAL PORT OF DEBARKATION SERVING THE NEW STATION AND THE NEW PERMANENT STATION. WHEN HIS DEPENDENTS ACCOMPANY HIM, HE IS ALSO ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 7003-3B (3) OF THE JOINT TRAVEL REGULATIONS, TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL OF HIS DEPENDENTS FROM THE AERIAL PORT OF DEBARKATION ACTUALLY USED TO THE NEW DUTY STATION. HOWEVER, IF INDIRECT ROUTES ARE USED FOR PERSONAL CONVENIENCE, THE AMOUNT PAYABLE MAY NOT EXCEED THAT PAYABLE FOR DIRECT TRAVEL BY THE MODE OF TRANSPORTATION ACTUALLY USED. WITH RESPECT TO TRANSPORTATION OF PRIVATELY OWNED VEHICLES FROM OVERSEAS STATIONS, PARAGRAPH 5816F, AIR FORCE MANUAL 75-4, PROVIDES THAT WHEN THE SPONSOR'S ORDERS ARE AMENDED PRIOR TO HIS RECEIPT OF THE VEHICLE AT THE CONTINENTAL UNITED STATES ARMY TERMINAL, TRANSHIPMENT OF THE VEHICLE TO THE TERMINAL NEAREST THE NEW DUTY STATION IS AUTHORIZED.

THE ORDERS OF APRIL 26, 1961, AUTHORIZED TRANSOCEANIC TRAVEL BY COMMERCIAL VESSEL TO NEW YORK, NEW YORK, THE WATER PORT OF DEBARKATION IN THE UNITED STATES FROM VENEZUELA, SERVING YOUR NEW DUTY STATION, SHEPPARD AIR FORCE BASE, TEXAS. HOWEVER, UNDER THE AMENDED ORDERS OF JULY 3, 1961, YOU WERE AUTHORIZED TO TRAVEL BY COMMERCIAL AIR FROM VENEZUELA TO MIAMI, FLORIDA, AN APPROPRIATE AERIAL PORT OF DEBARKATION IN THE UNITED STATES SERVING YOUR NEW DUTY STATION. WHILE YOU REQUESTED AIR TRANSPORTATION TO NEW YORK, THERE WAS NO OFFICIAL NECESSITY FOR SUCH TRAVEL AND THE ORDERS OF JULY 3, 1961, APPEAR TO HAVE PROPERLY DESIGNATED MIAMI, FLORIDA, AS THE TERMINAL PORT TO WHICH COMMERCIAL AIR WAS AUTHORIZED AND YOU WERE PROPERLY FURNISHED A TRANSPORTATION REQUEST WHICH PROVIDED GOVERNMENT PROCURED AIR TRAVEL FOR YOU AND YOUR DEPENDENTS TO THAT DESTINATION. FURTHERMORE THE AIR FORCE REGULATION REFERRED TO ABOVE, MAKES PROVISION FOR THE TRANSHIPMENT OF YOUR PRIVATELY OWNED VEHICLE TO THE PORT NEAREST YOUR DUTY STATION UPON AMENDMENT OF ORDERS AND YOU COULD HAVE MADE ARRANGEMENTS FOR THE VEHICLE TO BE SHIPPED TO NEW ORLEANS, LOUISIANA. FOR THAT REASON, THERE WAS NO REQUIREMENT OR AUTHORITY FOR YOU TO TRAVEL TO NEW YORK FOR THE PURPOSE OF ACCEPTING THE VEHICLE. CONSEQUENTLY THE PORTION OF THE AIR TRAVEL BY YOU AND YOUR DEPENDENTS TO NEW YORK, NEW YORK, WHICH EXCEEDED THE DISTANCE TO MIAMI, FLORIDA, MUST BE CONSIDERED AS TRAVEL BY AN INDIRECT ROUTE TO YOUR NEW DUTY STATION PERFORMED BY YOU FOR PERSONAL CONVENIENCE. THEREFORE, PAYMENT OF THE EXTRA COSTS AND ADDITIONAL MILEAGE AND TRANSPORTATION ALLOWANCES ARE NOT AUTHORIZED.

WITH RESPECT TO YOUR REQUEST THAT IF THE CLAIM IS NOT ALLOWED IT BE CLAIMED BY THE GOVERNMENT UNDER THE PROVISIONS OF ARTICLE 16, AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA, MILITARY MISSION PERSONNEL MOVING UNDER ORDERS, BUT TRAVELING PURSUANT TO AN AGREEMENT BETWEEN THE UNITED STATES AND A FOREIGN GOVERNMENT UNDER WHICH THE UNITED STATES IS TO BE REIMBURSED FOR THE COST OF THE TRANSPORTATION, ARE GOVERNED BY THE SAME REGULATIONS AND ARE SUBJECT TO THE SAME RESTRICTIONS AS THOSE PERFORMING SIMILAR TRAVEL AT THE EXPENSE OF THE UNITED STATES. SEE DECISION DATED MARCH 12, 1958, B- 132858, COPY ENCLOSED. SINCE UNDER APPLICABLE REGULATIONS YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR THE EXTRA COST BY COMMERCIAL AIR, WE MAY NOT COMPLY WITH YOUR REQUEST.