B-154951, NOV. 13, 1964

B-154951, NOV. 13, 1964

TO STAFF SERGEANT GLENN R. TULLY, AF:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR $51.36, REPRESENTING ADDITIONAL MILEAGE FROM CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, TO NELLIS AIR FORCE BASE, NEVADA, VIA PHILADELPHIA, PENNSYLVANIA, PAYMENT PREVIOUSLY HAVING BEEN MADE TO YOU ON THE BASIS OF TRAVEL BY THE DIRECT ROUTE BETWEEN THE TWO BASES INCIDENT TO PERMANENT CHANGE-OF STATION ORDERS.

BY SPECIAL ORDER NO. A-1286, DATED OCTOBER 16, 1963, HEADQUARTERS, 36TH TACTICAL FIGHTER WING (UNITED STATES AIR FORCES IN EUROPE), YOU WERE RELIEVED FROM ASSIGNMENT WITH THEIR 36TH CONSOLIDATED AIRCRAFT MAINTENANCE SQUADRON AND REASSIGNED TO THE 4520TH COMBAT CREW TRAINING WING, TACTICAL AIR COMMAND, NELLIS AIR FORCE BASE, NEVADA. BY SPECIAL ORDER A-1342, DATED OCTOBER 25, 1963, OF THE SAME COMMAND, YOU WERE DIRECTED TO REPORT TO RHEIN MAIN AIR BASE, GERMANY, ON DECEMBER 30, 1963, FOR FLIGHT G-822 DEPARTING THAT DATE. IN A LETTER OF MARCH 3, 1964, ADDRESSED TO YOUR SQUADRON REQUESTING APPROVAL OF AN AMENDMENT TO SPECIAL ORDERS NO. A-1286, YOU ADVISED THAT IN ACCORDANCE WITH THE ORDERS YOUR PRIVATELY OWNED AUTOMOBILE WAS SHIPPED TO PHILADELPHIA, PENNSYLVANIA, AND THAT WHEN YOU REPORTED TO THE AIRCRAFT RESERVATION DESK AT 8 A.M. ON DECEMBER 30, 1963, YOU WERE INFORMED THAT YOUR RESERVATION ON FLIGHT G-822 TO MCGUIRE AIR FORCE BASE, NEW JERSEY, HAD BEEN CANCELLED AND GIVEN TO EMERGENCY LEAVE PERSONNEL BECAUSE YOUR RESERVATION CARD DID NOT SHOW THAT YOU HAD SHIPPED A PRIVATELY OWNED AUTOMOBILE TO THE CONTINENTAL UNITED STATES. YOU ALSO SAID IN THAT LETTER THAT AFTER INFORMING THE SERGEANT IN CHARGE THAT AN AUTOMOBILE HAD BEEN SHIPPED AND THAT YOU HAD TO GO TO MCGUIRE AIR FORCE BASE TO OBTAIN IT, YOU WERE REQUESTED TO TAKE THE ALTERNATIVE RESERVATION HE HAD MADE FOR YOU AND YOUR DEPENDENTS ON FLIGHT G-882 TO CHARLESTON AIR FORCE BASE OR AWAIT "SPACE AVAILABLE"--- ENTAILING A 3 TO 4 DAYS' WAIT -- FOR A FLIGHT TO MCGUIRE AIR FORCE BASE. YOU FURTHER RELATED THAT YOU TOOK THE FLIGHT TO CHARLESTON AIR FORCE BASE AND AFTER ARRIVAL YOU AND YOUR DEPENDENTS TOOK A TAXI TO THE RAILROAD STATION AT A COST OF $6.25 AND TRAVELED BY COMMERCIAL RAIL TO PHILADELPHIA AT A COST OF $55. AFTER ARRIVAL IN PHILADELPHIA ON DECEMBER 31, 1963, YOU OBTAINED YOUR AUTOMOBILE AND DROVE TO NELLIS AIR FORCE BASE.

THE AIR FORCE ALLOWED YOU MILEAGE AT 6 CENTS PER MILE FOR 2,307 MILES FROM CHARLESTON AIR FORCE BASE TO NELLIS AIR FORCE BASE AND WHEN YOUR REQUEST FOR AN AMENDMENT OF THE TRAVEL ORDERS TO PROVIDE FOR TRAVEL VIA PHILADELPHIA WAS DENIED YOU EXECUTED A CLAIM FOR PRESENTATION TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER PURSUANT TO PARAGRAPH 40320, AFM 177- 103. THAT CENTER REFERRED THE CLAIM HERE FOR CONSIDERATION AS A MERITORIOUS CLAIM TO BE SUBMITTED TO THE CONGRESS UNDER THE PROVISIONS OF 31 U.S.C. 236.

SECTION 2634 OF TITLE 10, U.S.C. PROVIDES AS FOLLOWS:

"MOTOR VEHICLES: FOR MEMBERS ON PERMANENT CHANGE OF STATION.

WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE MAY BE TRANSPORTED TO HIS NEW STATION AT THE EXPENSE OF THE UNITED STATES---

(1) ON A VESSEL OWNED BY THE UNITED STATES; OR

(2) BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES.'

THE AIR FORCE IMPLEMENTING REGULATIONS, PARAGRAPH 5804, AFM. 75-4C, DATED MAY 10, 1963, PROVIDE THAT SHIPMENT OF PRIVATELY OWNED AUTOMOBILES AT GOVERNMENT EXPENSE IS LIMITED TO SHIPMENTS INVOLVING OVER-WATER MOVEMENTS TO, FROM AND/OR BETWEEN MILITARY TERMINALS SERVING OVERSEAS DUTY STATIONS INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS OR DEPENDENT TRAVEL AUTHORIZATIONS.

UNDER THE ABOVE LAW AND REGULATIONS A MEMBER MAY HAVE HIS PRIVATELY OWNED AUTOMOBILE MOVED AT GOVERNMENT EXPENSE TO AND FROM HIS OVERSEAS STATION UPON A PERMANENT CHANGE OF STATION, BUT HE IS NOT ENTITLED TO PAYMENT OR REIMBURSEMENT FOR ANY EXPENSES THAT MAY BE INCURRED BY HIM IN THE DELIVERY TO OR PICK-UP OF THE AUTOMOBILE FROM THE WATER TERMINAL. HENCE, IF YOU HAD TAKEN FLIGHT G-822 TO MCGUIRE AIR FORCE BASE YOU WOULD HAVE BEEN REQUIRED TO BEAR ANY ADDITIONAL COST FOR YOUR TRANSPORTATION TO THE PORT OF PHILADELPHIA TO OBTAIN YOUR AUTOMOBILE WHICH PREVIOUSLY HAD BEEN MOVED AT GOVERNMENT EXPENSE TO THAT PORT. IN SUCH CIRCUMSTANCE, YOU WOULD HAVE BEEN ENTITLED ONLY TO MILEAGE COMPUTED ON THE BASIS OF THE DISTANCE DIRECTLY BETWEEN THE PLACE OF DEBARKATION (MCGUIRE AIR FORCE BASE) AND YOUR NEW STATION (NELLIS AIR FORCE BASE). IF THROUGH ADMINISTRATIVE OVERSIGHT OR BY REASON OF ADMINISTRATIVE NECESSITY OR EXPEDIENCY YOU WERE REQUIRED TO TAKE A FLIGHT TO A PORT OF ENTRY OTHER THAN THE ONE FOR WHICH YOUR RESERVATIONS ORIGINALLY WERE MADE AND WHICH WAS MORE DISTANT FROM THE PORT TO WHICH YOUR AUTOMOBILE WAS SHIPPED, SUCH FACT CANNOT SERVE TO CREATE AN OBLIGATION ON THE PART OF THE GOVERNMENT TO PAY YOU FOR THE ADDITIONAL TRAVEL TO SUCH PORT.

FURTHERMORE, SINCE YOUR TRAVEL FROM CHARLESTON TO PHILADELPHIA BY COMMERCIAL RAIL WAS FOR THE SOLE PURPOSE OF OBTAINING YOUR PRIVATELY OWNED AUTOMOBILE IN ORDER THAT YOU AND YOUR DEPENDENTS COULD PROCEED DIRECTLY TO NELLIS AIR FORCE BASE, IT CANNOT BE SAID THAT SUCH CIRCUITOUS TRAVEL WAS PERFORMED ON "PUBLIC BUSINESS" WITHIN THE MEANING OF PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS. THAT PARAGRAPH, PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 404, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO THE MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.

WHILE IT IS UNFORTUNATE THAT YOU WERE REQUIRED TO BEAR AN ADDITIONAL EXPENSE ON ACCOUNT OF INDIRECT TRAVEL OCCASIONED BY AN UNANTICIPATED CHANGE IN YOUR FLIGHT DESTINATION, YOUR CLAIM DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT THE REPORTING OF IT TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928. ACCORDINGLY, NO AUTHORITY EXISTS FOR THIS OFFICE TO ALLOW YOU THE ADDITIONAL AMOUNT CLAIMED AND NO ACTION WILL BE TAKEN TO REPORT THE CLAIM TO THE CONGRESS FOR ITS CONSIDERATION.