B-154784, OCT. 14, 1964

B-154784: Oct 14, 1964

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REEVES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 7. YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 2004TH COMMUNICATIONS SQUADRON (AFCS). YOU WERE ADVISED THAT THE 252ND COMMUNICATIONS GROUP HAD BEEN TRANSFERRED TO THE F-37 NIKE SITE. YOU SAY THAT YOUR CLAIM WAS ADMINISTRATIVELY APPROVED. FROM YOUR DUTY STATION TO THE ACTUAL PLACE WHERE DUTY WAS PERFORMED. A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. PROVIDES THAT MEMBERS ARE ENTITLED TO AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS. ENTITLEMENT TO TRAVEL OR TRANSPORTATION ALLOWANCES EITHER FOR TRAVEL AWAY FROM THE DESIGNATED POST OF DUTY OR WITHIN THE LIMITS OF THE STATION EXISTS ONLY IF THE MEMBER IS ENGAGED IN THE PERFORMANCE OF PUBLIC BUSINESS.

B-154784, OCT. 14, 1964

TO MASTER SERGEANT WILLIAM L. REEVES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1964, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED JUNE 29, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BETWEEN SPOKANE AND FOUR LAKES, WASHINGTON, DURING THE PERIOD OCTOBER 8, 1962, TO JUNE 28, 1963, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE.

BY SPECIAL ORDER A-5 DATED AUGUST 28, 1962, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 2004TH COMMUNICATIONS SQUADRON (AFCS), UNITED STATES AIR FORCE, APO 121, NEW YORK, NEW YORK, AND ASSIGNED TO HEADQUARTERS, CONTINENTAL SYSTEMS REGION (AFCS), TINKER AIR FORCE BASE, OKLAHOMA, WITH PERMANENT DUTY STATION AT 252ND COMMUNICATIONS GROUP (ANG/AFRES) (AFCS), SPOKANE INTERNATIONAL AIRPORT, SPOKANE, WASHINGTON, TO REPORT NOT LATER THAN OCTOBER 15, 1962. WHEN YOU REPORTED FOR DUTY AT THE SPOKANE INTERNATIONAL AIRPORT ON SEPTEMBER 23, 1962, YOU WERE ADVISED THAT THE 252ND COMMUNICATIONS GROUP HAD BEEN TRANSFERRED TO THE F-37 NIKE SITE, FOUR LAKES, WASHINGTON. YOU SAY THAT YOUR CLAIM WAS ADMINISTRATIVELY APPROVED, NOT FOR TRAVEL FROM RESIDENCE TO DUTY STATION, BUT FROM YOUR DUTY STATION TO THE ACTUAL PLACE WHERE DUTY WAS PERFORMED.

SECTION 404 OF TITLE 37, U.S.C. 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 UNDER COMPETENT ORDERS WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS ARE ENTITLED TO AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. SECTION 408 OF TITLE 37, UNITED STATES CODE, PROVIDES, IN ADDITION TO THAT AUTHORITY, THAT A MEMBER OF A UNIFORMED SERVICE MAY BE DIRECTED, BY ADMINISTRATIVE REGULATIONS, TO PROCURE TRANSPORTATION ,NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES WITHIN THE LIMITS OF HIS TION," SUBJECT TO REIMBURSEMENT FROM PUBLIC FUNDS. THUS, ENTITLEMENT TO TRAVEL OR TRANSPORTATION ALLOWANCES EITHER FOR TRAVEL AWAY FROM THE DESIGNATED POST OF DUTY OR WITHIN THE LIMITS OF THE STATION EXISTS ONLY IF THE MEMBER IS ENGAGED IN THE PERFORMANCE OF PUBLIC BUSINESS. IT HAS LONG BEEN RECOGNIZED THAT THE EXPENSE OF TRAVEL NORMALLY REQUIRED BETWEEN HOME OR LODINGS AND PLACE OF DUTY IS A PERSONAL OBLIGATION RATHER THAN A MATTER OF PUBLIC BUSINESS AND NOT REIMBURSABLE FROM PUBLIC FUNDS. SEE PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

A MEMBER'S DESIGNATED POST OF DUTY IS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS FOR PERFORMANCE. WHILE YOU REFER TO SPOKANE INTERNATIONAL AIRPORT AS YOUR DUTY STATION, IT IS ADMINISTRATIVELY REPORTED THAT YOUR PERMANENT DUTY STATION WAS AT THE FOUR LAKES COMMUNICATIONS STATION, AND THAT THE TRAVEL IN QUESTION WAS BETWEEN YOUR RESIDENCE AND PLACE OF DUTY. THERE IS NOTHING IN THE RECORD TO INDICATE A NEED FOR YOUR TRAVEL TO SPOKANE INTERNATIONAL AIRPORT ON PUBLIC BUSINESS DURING THE PERIOD INVOLVED OR THAT SUCH TRAVEL WAS PERFORMED OTHER THAN IN CONNECTION WITH YOUR RETURN TO LODGINGS. THEREFORE, ON THE BASIS OF THE PRESENT RECORD, NO PROPER BASIS EXISTS FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JUNE 29, 1964, WAS CORRECT AND IS SUSTAINED.