B-158895, MAY 11, 1966

B-158895: May 11, 1966

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RET.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 28. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 2. YOU WERE RETIRED SEPTEMBER 1. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT PARAGRAPHS M4203- 5 AND M7000-13 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT WHERE TRANSPORTATION IS AVAILABLE TO A MEMBER AND HIS DEPENDENTS BY A FOREIGN GOVERNMENT AT NO COST TO THE UNITED STATES OR THE MEMBER UNDER THE TERMS OF A CONTRACT OR AGREEMENT WITH THE UNITED STATES. BOTH REIMBURSEMENT OF THE COST OF TRANSPORTATION AND PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION ARE PROHIBITED. YOU WERE FURTHER ADVISED THAT SINCE THE RECORD SHOWS THAT WHEN THE TRAVEL WAS PERFORMED BY YOU AND YOUR DEPENDENT THE GERMAN GOVERNMENT WAS FURNISHING TRANSPORTATION FOR UNIFORMED MEMBERS AND THEIR DEPENDENTS BETWEEN FRANKFURT AND BREMERHAVEN.

B-158895, MAY 11, 1966

TO STAFF SERGEANT PRESTON L. COX, RET.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 28, 1966, RELATIVE TO YOUR CLAIM FOR MILEAGE FOR PERSONAL AND DEPENDENT TRAVEL FROM FRANKFURT TO BREMERHAVEN, GERMANY, INCIDENT TO YOUR RETIREMENT, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 2, 1966.

BY PARAGRAPH 300, SPECIAL ORDERS NO. 114, DATED APRIL 28, 1965, YOU WERE RETIRED SEPTEMBER 1, 1965, AT FRANKFURT, GERMANY, AFTER 20 YEARS' SERVICE. ON SEPTEMBER 6, 1965, YOU AND YOUR WIFE TRAVELED FROM FRANKFURT TO BREMERHAVEN, GERMANY, BY PRIVATELY OWNED VEHICLE, HAVING SELECTED ESCHWEGE, GERMANY, AS YOUR HOME UPON RETIREMENT.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT PARAGRAPHS M4203- 5 AND M7000-13 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT WHERE TRANSPORTATION IS AVAILABLE TO A MEMBER AND HIS DEPENDENTS BY A FOREIGN GOVERNMENT AT NO COST TO THE UNITED STATES OR THE MEMBER UNDER THE TERMS OF A CONTRACT OR AGREEMENT WITH THE UNITED STATES, AND THE MEMBER AND HIS DEPENDENTS TRAVEL AT PERSONAL EXPENSE, BOTH REIMBURSEMENT OF THE COST OF TRANSPORTATION AND PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION ARE PROHIBITED. YOU WERE FURTHER ADVISED THAT SINCE THE RECORD SHOWS THAT WHEN THE TRAVEL WAS PERFORMED BY YOU AND YOUR DEPENDENT THE GERMAN GOVERNMENT WAS FURNISHING TRANSPORTATION FOR UNIFORMED MEMBERS AND THEIR DEPENDENTS BETWEEN FRANKFURT AND BREMERHAVEN, GERMANY, WITHOUT CHARGE, THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR PAYMENT OF YOUR CLAIM.

IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU RETIRED YOU WERE GIVEN DA PAMPHLET 600-5, DATED MARCH 1965; THAT PARAGRAPH 79 OF THE PAMPHLET STATES THAT A MEMBER IS ENTITLED TO TRAVEL ALLOWANCES TO HOME OF SELECTION UPON RETIREMENT AND THAT THE PAMPHLET MAKES NO MENTION OF TRANSPORTATION AVAILABLE BY A FOREIGN GOVERNMENT. ALSO YOU SAY THAT YOU HAVE NEVER HAD OCCASION TO REFER TO THE JOINT TRAVEL REGULATIONS, AND THAT WHEN YOU CONTACTED THE TRANSPORTATION OFFICE IN FRANKFURT WITH RESPECT TO SUCH REGULATIONS SUBSEQUENT TO THE TRAVEL YOU WERE INFORMED BY PERSONNEL IN THAT OFFICE THAT THEY HAD NO PRIOR EXPERIENCE WITH A CASE SUCH AS YOURS. THEREFORE YOU APPARENTLY BELIEVE THEY COULD NOT HAVE FURNISHED PROPER ADVICE PRIOR TO YOUR TRAVEL. ALSO YOU ASK WHETHER THE GERMAN GOVERNMENT WOULD HAVE TRANSPORTED YOUR CAR FROM FRANKFURT TO BREMERHAVEN HAD YOU KNOWN ABOUT THE PERTINENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS.

THE TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS UPON CHANGE OF STATION INCLUDING THE CHANGE FROM LAST STATION TO HOME UPON RETIREMENT ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO STATUTORY AUTHORITY CONTAINED IN 37 U.S.C. 404 AND 406. WHILE THOSE REGULATIONS AUTHORIZE TRAVEL OF A MEMBER AND HIS DEPENDENTS FROM LAST STATION TO HOME OF SELECTION UPON RETIREMENT FOLLOWING AT LEAST 8 YEARS' CONTINUOUS DUTY, THEY FURTHER SPECIFICALLY PROHIBIT PAYMENT TO A MEMBER FOR HIS TRAVEL AND TRAVEL OF HIS DEPENDENTS (PARAGRAPHS M4203 5 AND M7000-13) WHERE TRANSPORTATION IS AVAILABLE TO THE MEMBER AND HIS DEPENDENTS BY A FOREIGN GOVERNMENT AT NO COST TO THE UNITED STATES OR THE MEMBER UNDER THE TERMS OF A CONTRACT OR AGREEMENT WITH THE UNITED STATES, AND THE MEMBER AND HIS DEPENDENTS TRAVEL AT PERSONAL EXPENSE. SINCE THE RECORD SHOWS THAT AT THE TIME HERE INVOLVED THE GERMAN GOVERNMENT WAS FURNISHING TRANSPORTATION FOR UNIFORMED MEMBERS AND THEIR DEPENDENTS BETWEEN FRANKFURT AND BREMERHAVEN, GERMANY, WITHOUT CHARGE, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM NOTWITHSTANDING THAT YOU WERE NOT FAMILIAR WITH THE REGULATIONS AND DOUBT WHETHER YOU WOULD HAVE RECEIVED PROPER ADVICE FROM THE TRANSPORTATION OFFICE AT FRANKFURT HAD YOU INQUIRED PRIOR TO PERFORMING THE TRAVEL. ALSO WHILE MEMBERS ARE PERMITTED TO HAVE PRIVATELY OWNED CONVEYANCES OVERSEAS, THIS IS PRIMARILY A MATTER OF PERSONAL CONVENIENCE TO THE MEMBER AND MOVEMENT OF THE AUTOMOBILE BETWEEN POINTS WHERE FOREIGN GOVERNMENT TRANSPORTATION IS AVAILABLE FOR TRAVEL OF THE MEMBER AND HIS DEPENDENTS AT NO COST IS THE RESPONSIBILITY OF THE MEMBER AND AFFORDS NO BASIS FOR PAYMENT OF TRAVEL BY PRIVATELY OWNED CONVEYANCE UNLESS TRAVEL IS AUTHORIZED UNDER ORDERS DIRECTING TRAVEL BY THAT MEANS AS MORE ADVANTAGEOUS TO THE GOVERNMENT. YOUR ORDERS DID NOT CONTAIN SUCH AN AUTHORIZATION.

SINCE THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF MARCH 2, 1966, IS SUSTAINED.