B-156275, APR. 28, 1965

B-156275: Apr 28, 1965

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INFANTRY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 7. YOU WERE REASSIGNED TO STUDENT DETACHMENT. THIS WAS DESIGNATED AS A PERMANENT CHANGE OF STATION AND CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. TEN DAYS' DELAY TO BE COUNTED AS LEAVE WAS ALSO AUTHORIZED. THE RECORD INDICATES THAT TRANSPORTATION REQUESTS WERE ISSUED FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM FRANKFURT. VIA NEW YORK AND THAT YOU WERE PAID PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES IN THE AMOUNT OF $32.95. YOU WERE ALSO PAID BUS FARE FOR YOURSELF AND MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS FROM KANSAS CITY TO FORT LEAVENWORTH. YOU BASE YOUR CLAIM ON THE FACT THAT YOU HAD A 3-MONTH OLD BABY AND YOUR WIFE WAS NOT WELL WHICH MADE IT MANDATORY TO TAKE ADEQUATE RESTS BEFORE CONTINUING THE JOURNEY TO KANSAS CITY AND THAT THE TAXI TRIP FOR THE FAMILY FROM KANSAS CITY TO FORT LEAVENWORTH WAS REQUIRED BECAUSE IT WAS IMPOSSIBLE TO HAVE YOUR FAMILY USE A BUS.

B-156275, APR. 28, 1965

TO MAJOR MALCOLM A. SUSSEL, INFANTRY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 7, 1965, REQUESTING REVIEW OF THE SETTLEMENT BY OUR OFFICE DATED JANUARY 12, 1965, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM AND REIMBURSEMENT OF EXPENSES IN CONNECTION WITH TRAVEL PERFORMED FROM FRANKFURT, GERMANY, TO FORT LEAVENWORTH, KANSAS, PURSUANT TO ORDERS OF JULY 17, 1964.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 132, HEADQUARTERS V CORPS, APO 79, UNITED STATES FORCES, DATED JULY 17, 1964, YOU WERE REASSIGNED TO STUDENT DETACHMENT, UNITED STATES ARMY COMMAND AND GENERAL STAFF SCHOOL, FORT LEAVENWORTH, KANSAS, AND DIRECTED TO REPORT AT FRANKFURT, GERMANY, FOR TRANSPORTATION NOT LATER THAN AUGUST 7, 1964. THIS WAS DESIGNATED AS A PERMANENT CHANGE OF STATION AND CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. TEN DAYS' DELAY TO BE COUNTED AS LEAVE WAS ALSO AUTHORIZED.

THE RECORD INDICATES THAT TRANSPORTATION REQUESTS WERE ISSUED FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM FRANKFURT, GERMANY, TO KANSAS CITY, MISSOURI, VIA NEW YORK AND THAT YOU WERE PAID PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES IN THE AMOUNT OF $32.95, FOR THE TRAVEL PERFORMED UNDER THE TRANSPORTATION REQUESTS. YOU WERE ALSO PAID BUS FARE FOR YOURSELF AND MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS FROM KANSAS CITY TO FORT LEAVENWORTH, KANSAS. YOU CLAIM ADDITIONAL PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES INCURRED EN ROUTE BECAUSE OF AN OVERNIGHT STAY AT A HOTEL IN PHILADELPHIA, PENNSYLVANIA, INCLUDING TIPS, TAXI FARE TO AND FROM THE HOTEL AND HOTEL EXPENSES, TOGETHER WITH SIMILAR EXPENSES INCURRED BECAUSE OF AN OVERNIGHT STAY AT A HOTEL IN KANSAS CITY, MISSOURI. YOU ALSO CLAIM REIMBURSEMENT FOR TAXI FARE FOR YOU AND YOUR FAMILY FROM KANSAS CITY TO FORT LEAVENWORTH, KANSAS. YOU BASE YOUR CLAIM ON THE FACT THAT YOU HAD A 3-MONTH OLD BABY AND YOUR WIFE WAS NOT WELL WHICH MADE IT MANDATORY TO TAKE ADEQUATE RESTS BEFORE CONTINUING THE JOURNEY TO KANSAS CITY AND THAT THE TAXI TRIP FOR THE FAMILY FROM KANSAS CITY TO FORT LEAVENWORTH WAS REQUIRED BECAUSE IT WAS IMPOSSIBLE TO HAVE YOUR FAMILY USE A BUS, CONSIDERING YOUR SICK WIFE, SMALL BABY AND LARGE AMOUNT OF LUGGAGE.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 12, 1965, FOR THE REASONS STATED THEREIN. BY LETTER DATED FEBRUARY 7, 1965, YOU REQUESTED A REVIEW OF YOUR CLAIM STATING THAT THE DISALLOWANCE FAILED TO RECOGNIZE YOUR PROBLEM AND FAILED TO ADDRESS THE PERTINENT FACTS OUTLINED IN YOUR CLAIM.

PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE PROVISIONS OF 37 U.S.C. 404 AND 411, 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 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 TRAVEL FROM ONE PERMANENT DUTY STATION TO ANOTHER PERMANENT DUTY STATION AND DELAY INCIDENT TO THE MODE OF TRAVEL, SUCH AS NECESSARY DELAY WHILE AWAITING FURTHER TRANSPORTATION AFTER TRAVEL STATUS HAS COMMENCED. PARAGRAPH 4152 OF THE REGULATIONS PROVIDES THAT WHERE TRANSPORTATION IS FURNISHED BY THE GOVERNMENT BY COMMON CARRIER ON PERMANENT CHANGE OF STATION TRAVEL, A PER DIEM ALLOWANCE IS PAYABLE FOR THE TIME REQUIRED TO TRAVEL BETWEEN PERMANENT STATIONS, INCLUDING NECESSARY DELAYS OR TEMPORARY DUTY EN ROUTE. PARAGRAPH 7002-1A PROVIDES FOR TRANSPORTATION IN KIND FOR DEPENDENTS OF A MEMBER, REGARDLESS OF THE NUMBER OF DEPENDENTS, WHILE PARAGRAPH 7003 OF THE REGULATIONS PROVIDES FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL PERFORMED BY DEPENDENTS AT PERSONAL EXPENSE. PARAGRAPH 4401, JOINT TRAVEL REGULATIONS, PROVIDES FOR REIMBURSEMENT FOR TRANSPORTATION EXPENSES, INCLUDING TAXICAB FARES TO AND FROM CARRIER TERMINALS TO THE PLACE OF DUTY OR ABODE AT THE PERMANENT DUTY STATION OR BETWEEN CARRIER TERMINALS WHEN NECESSITATED BY A CHANGE IN THE MODE OF TRANSPORTATION AND FREE TRANSFERS ARE NOT AVAILABLE. ALSO, REIMBURSEMENT IS AUTHORIZED FOR TRANSPORTATION FROM CARRIER TERMINALS TO LODGING AND RETURN WHEN REQUIRED BY TRANSPORTATION DELAYS EN ROUTE WHICH ARE BEYOND THE CONTROL OF THE MEMBER. HOWEVER, THERE IS NO AUTHORITY FOR REIMBURSEMENT FOR THE USE OF A TAXICAB FOR PERSONAL CONVENIENCE FOR A PORTION OF THE TRAVEL BETWEEN PERMANENT DUTY STATIONS WHEN SUCH TRAVEL COULD HAVE BEEN PERFORMED BY COMMON CARRIER.

THE TRAVEL ALLOWANCES AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES ARE FOR THE PURPOSE OF REIMBURSING THE MEMBERS FOR THE EXPENSES INCURRED IN COMPLYING WITH THE TRAVEL REQUIREMENTS IMPOSED UPON THEM BY THE NEEDS OF THE SERVICE OVER WHICH THEY HAVE NO CONTROL, NOT FOR EXPENSES OF TRAVEL INDUCED BY PERSONAL REASONS. SEE 42 COMP. GEN. 27. IT MAY BE SEEN FROM YOUR STATEMENTS THAT ALTHOUGH YOU WERE IN A TRAVEL STATUS TO FORT LEAVENWORTH UNDER COMPETENT ORDERS, THE DELAYS INVOLVED IN YOUR STAY IN PHILADELPHIA AND KANSAS CITY WERE NOT CAUSED AS A RESULT OF THE NEEDS OF THE SERVICE OR WHILE AWAITING FURTHER TRANSPORTATION BUT RATHER BECAUSE OF PERSONAL CIRCUMSTANCES DUE TO YOUR WIFE'S ILLNESS AND THE NEEDS OF YOUR CHILDREN. THEREFORE, THE EXTRA TRAVEL AND TRANSPORTATION EXPENSES INCURRED BECAUSE OF SUCH DELAYS WERE NOT NECESSARY DELAYS UPON PUBLIC BUSINESS WITHIN THE MEANING OF PARAGRAPHS 3050-1 AND 4152 OF THE JOINT TRAVEL REGULATIONS AND ARE NOT REIMBURSABLE, NOR ARE YOU ENTITLED TO PER DIEM FOR THE TIME INVOLVED IN SUCH DELAYS.

AS TO YOUR CLAIM FOR TAXICAB FARE REIMBURSEMENT FOR THE TRAVEL PERFORMED FROM KANSAS CITY, MISSOURI, TO FORT LEAVENWORTH, KANSAS, THE RECORD INDICATES THAT A COMMON CARRIER WAS AVAILABLE FOR THE TRAVEL BETWEEN THE TWO CITIES AND THAT A TAXICAB WAS USED FOR PERSONAL REASONS. UNDER THE PROVISIONS OF PARAGRAPH 4150 AND 7003 OF THE JOINT TRAVEL REGULATIONS, YOU WERE REIMBURSED FOR BUS FARE FOR YOUR TRAVEL AND PAID MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL OF YOUR DEPENDENTS. THEREFORE, REIMBURSEMENT FOR THE TAXICAB FARE IS NOT AUTHORIZED.

ACCORDINGLY, THE DISALLOWANCE OF JANUARY 12, 1965, WAS CORRECT AND IS SUSTAINED.