B-155801, FEB. 23, 1965

B-155801: Feb 23, 1965

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PREYSS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3. BY THOSE ORDERS YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY FROM YOUR DUTY STATION. THAT YOU WERE REQUIRED TO LAND AT SEWART AIR FORCE BASE. YOU STATE THAT YOU ATTEMPTED TO OBTAIN THE NECESSARY TRANSPORTATION REQUEST AT SEWART AIR FORCE BASE BUT CALLED THE WRONG NUMBER AND PERSONNEL ON DUTY THERE WERE UNABLE TO DIRECT YOU TO THE APPROPRIATE OFFICE. YOUR CLAIM FOR REIMBURSEMENT OF THE AMOUNT PAID FOR TRANSPORTATION WAS DISALLOWED BY THE SETTLEMENT OF JULY 17. PROVIDES THAT REIMBURSEMENT FOR ACTUAL COST OF A MEMBER'S TRANSPORTATION OF MORE THAN $15 (PLUS FEDERAL TRANSPORTATION TAX) CANNOT BE MADE WITHOUT A CERTIFICATE FROM THE COMMANDER OR HIS DESIGNEE THAT FACILITIES FOR ISSUING TRANSPORTATION REQUESTS WERE NOT AVAILABLE AT THE TIME AND PLACE REQUIRED.

B-155801, FEB. 23, 1965

TO CAPTAIN ALBERT E. PREYSS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3, 1964, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JULY 17, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF AIRLINE PASSAGE FROM NASHVILLE, TENNESSEE, TO DENVER, COLORADO, INCIDENT TO TEMPORARY DUTY PERFORMED UNDER ORDERS OF APRIL 2 AND MAY 25, 1964.

BY THOSE ORDERS YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY FROM YOUR DUTY STATION, HEADQUARTERS, UNITED STATES AIR FORCE ACADEMY, COLORADO, TO MACDILL AIR FORCE BASE AND TIERRA VERDE, FLORIDA, AND UPON COMPLETION TO RETURN TO YOUR PERMANENT DUTY STATION. THE RECORD FURNISHED WITH YOUR CLAIM SHOWS THAT UPON COMPLETION OF YOUR TEMPORARY DUTY YOU LEFT MACDILL AIR FORCE BASE, FLORIDA, BY GOVERNMENT AIRCRAFT ON MAY 1, 1964; THAT YOU WERE REQUIRED TO LAND AT SEWART AIR FORCE BASE, TENNESSEE, DUE TO MALFUNCTION OF THE AIRCRAFT; AND THAT YOU FAILED TO OBTAIN A TRANSPORTATION REQUEST FROM SEWART AIR FORCE BASE TRANSPORTATION PERSONNEL BUT PURCHASED A TICKET IN THE SUM OF $90.20 WITH PERSONAL FUNDS FOR COMMERCIAL AIR TRANSPORTATION FROM NASHVILLE, TENNESSEE, TO DENVER, COLORADO. YOU STATE THAT YOU ATTEMPTED TO OBTAIN THE NECESSARY TRANSPORTATION REQUEST AT SEWART AIR FORCE BASE BUT CALLED THE WRONG NUMBER AND PERSONNEL ON DUTY THERE WERE UNABLE TO DIRECT YOU TO THE APPROPRIATE OFFICE.

YOUR CLAIM FOR REIMBURSEMENT OF THE AMOUNT PAID FOR TRANSPORTATION WAS DISALLOWED BY THE SETTLEMENT OF JULY 17, 1964, FOR THE REASON THAT THE RECORD SHOWED THAT SEWART AIR FORCE BASE MAINTAINED THE CAPABILITY TO ISSUE TRANSPORTATION REQUESTS ON A 24-HOUR PER DAY 7-DAY PER WEEK BASIS AND PARAGRAPH 40117G, AIR FORCE MANUAL 177-103, PROVIDES THAT REIMBURSEMENT FOR ACTUAL COST OF A MEMBER'S TRANSPORTATION OF MORE THAN $15 (PLUS FEDERAL TRANSPORTATION TAX) CANNOT BE MADE WITHOUT A CERTIFICATE FROM THE COMMANDER OR HIS DESIGNEE THAT FACILITIES FOR ISSUING TRANSPORTATION REQUESTS WERE NOT AVAILABLE AT THE TIME AND PLACE REQUIRED. SEE ALSO PARAGRAPH 4203-2, JOINT TRAVEL REGULATIONS.

WHILE THE APPLICABLE REGULATION APPEARS TO PLACE RESPONSIBILITY UPON THE MEMBER DEPARTING FROM A MILITARY INSTALLATION TO OBTAIN A TRANSPORTATION REQUEST WHEN AVAILABLE, IN VIEW OF YOUR EXPLANATION OF THE CIRCUMSTANCES INVOLVED, AND RECOGNIZING THE GOVERNMENT'S OBLIGATION GENERALLY TO PROVIDE THE MEANS TO OBTAIN TRANSPORTATION NECESSARY IN THE PERFORMANCE OF OFFICIAL BUSINESS, WE WILL CONSIDER THAT YOU ARE PROPERLY ENTITLED TO REIMBURSEMENT FOR THE EXPENSES ACTUALLY INCURRED FOR THE TRANSPORTATION IN QUESTION, NOT TO EXCEED THE COST THAT WOULD HAVE BEEN INVOLVED HAD A TRANSPORTATION REQUEST BEEN OBTAINED UNDER THE PRESCRIBED PROCEDURES.

SETTLEMENT WILL ISSUE IN DUE COURSE FOR THE CORRECT AMOUNT FOUND TO BE DUE.