B-160547, JAN. 11, 1967

B-160547: Jan 11, 1967

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF RECENT DATE ADDRESSED TO FINANCE CENTER. YOU WERE RELEASED FROM ACTIVE DUTY AT ALGIERS. THE TRAVEL WAS BY A CIRCUITOUS ROUTE. IT HAVING BEEN REPORTED TO US THAT THE AUTHORIZED ROUTING BY COMMERCIAL AIR BETWEEN ALGIERS AND FORT LAUDERDALE IS FROM ALGIERS TO RABAT AND FROM RABAT TO ORLANDO. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED A TOTAL OF $293.76. REIMBURSEMENT FOR TRAVEL BY AIRCRAFT OF FOREIGN REGISTRY WAS DENIED FOR THE REASON THAT THE REGULATIONS REQUIRE THE USE OF AIRCRAFT OF AMERICAN REGISTRY UNLESS IT IS DETERMINED BY THE TRANSPORTATION OFFICER THAT SUCH AIRCRAFT IS NOT AVAILABLE. IN YOUR PRESENT LETTER YOU CONTEND THAT AT THE TIME OF YOUR RETIREMENT THE ONLY FLIGHTS DEPARTING ALGIERS WERE AIR ALGERIA AND AIR FRANCE AND.

B-160547, JAN. 11, 1967

TO CWO ROBERT L. PROCTOR, USAR, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF RECENT DATE ADDRESSED TO FINANCE CENTER, U.S. ARMY, REQUESTING REVIEW OF THIS PART OF THE SETTLEMENT OF JULY 19, 1966, WHICH DISALLOWED REIMBURSEMENT FOR YOUR TRAVEL FROM ALGIERS, ALGERIA, TO PARIS, FRANCE, AND FOR YOUR WIFE'S TRAVEL FROM ALGIERS, ALGERIA, TO MADRID, SPAIN.

BY PARAGRAPH 159, SPECIAL ORDERS NO. 156, DATED JUNE 11, 1965, YOU WERE RELEASED FROM ACTIVE DUTY AT ALGIERS, ALGERIA, AND PLACED ON THE RETIRED LIST EFFECTIVE JULY 1, 1965. YOU AND YOUR WIFE DEPARTED ALGIERS, ALGERIA, ON AUGUST 15, 1965, AND ARRIVED AT YOUR HOME OF SELECTION, FORT LAUDERDALE, FLORIDA, ON DECEMBER 26, 1965. YOU AND YOUR WIFE TRAVELED FROM ALGIERS TO PARIS, FRANCE, VIA AIR FRANCE, AN AIRLINE NOT REGISTERED UNDER THE LAWS OF THE UNITED STATES. YOU TRAVELED FROM PARIS TO NEW YORK, NEW YORK, ON THE SAME AIRLINE. YOUR WIFE TRAVELED FROM PARIS TO MADRID, SPAIN, VIA LUFTHANSA AIR LINES, AN AIRLINE NOT REGISTERED UNDER THE LAWS OF THE UNITED STATES, AND FROM MADRID TO NEW YORK, NEW YORK, VIA TRANS WORLD AIRLINES. THE TRAVEL WAS BY A CIRCUITOUS ROUTE, IT HAVING BEEN REPORTED TO US THAT THE AUTHORIZED ROUTING BY COMMERCIAL AIR BETWEEN ALGIERS AND FORT LAUDERDALE IS FROM ALGIERS TO RABAT AND FROM RABAT TO ORLANDO.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED A TOTAL OF $293.76, REPRESENTING YOUR MILEAGE FROM NEW YORK, NEW YORK, TO FORT LAUDERDALE, FLORIDA ($79.44), AND REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM MADRID TO FORT LAUDERDALE NOT TO EXCEED THE COST TO THE GOVERNMENT OF COMMERCIAL TRAVEL BY AIRLINES OF UNITED STATES REGISTRY FROM RABAT, MOROCCO, TO ORLANDO, FLORIDA ($199.80) PLUS MILEAGE FROM ORLANDO TO FORT LAUDERDALE ($14.52). REIMBURSEMENT FOR TRAVEL BY AIRCRAFT OF FOREIGN REGISTRY WAS DENIED FOR THE REASON THAT THE REGULATIONS REQUIRE THE USE OF AIRCRAFT OF AMERICAN REGISTRY UNLESS IT IS DETERMINED BY THE TRANSPORTATION OFFICER THAT SUCH AIRCRAFT IS NOT AVAILABLE.

IN YOUR PRESENT LETTER YOU CONTEND THAT AT THE TIME OF YOUR RETIREMENT THE ONLY FLIGHTS DEPARTING ALGIERS WERE AIR ALGERIA AND AIR FRANCE AND, THEREFORE, THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR TRAVEL FROM ALGIERS TO PARIS AND FOR YOUR WIFE'S TRAVEL FROM ALGIERS TO MADRID.

IT LONG HAS BEEN THE ESTABLISHED RULE THAT TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS, FOR REIMBURSEMENT PURPOSES, IS REQUIRED TO BE COMPUTED ON THE BASIS OF THE MOST DIRECT, USUALLY TRAVELED ROUTE BETWEEN THE POINTS INVOLVED AND ADDITIONAL EXPENSES MAY NOT BE AUTHORIZED FOR CIRCUITOUS TRAVEL. IN THIS REGARD PARAGRAPH M4158 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ENTITLED TO SELECT A HOME UPON RETIREMENT WILL BE ENTITLED TO TRAVEL ALLOWANCES UNDER PARAGRAPH M4151 OR M4159 OF THE REGULATIONS AS APPLICABLE. PARAGRAPH M4159, APPLICABLE WHEN TRAVEL IS FROM AN OVERSEAS STATION, LIMITS THE ENTITLEMENT TO THE DISTANCE FROM THE OLD STATION TO THE APPROPRIATE AERIAL OR WATER PORT OF EMBARKATION SERVING THAT STATION. RABAT IS REPORTED TO BE THE APPROPRIATE AERIAL PORT OF EMBARKATION SERVING ALGIERS. THEREFORE, REIMBURSEMENT MAY NOT BE AUTHORIZED ON THE BASIS OF TRAVEL OVER THE ROUTE TAKEN BY YOU AND YOUR WIFE.

IT NOW APPEARS, HOWEVER, THAT HAD YOU REQUESTED THAT TRANSPORTATION BE FURNISHED FOR YOURSELF AND YOUR WIFE AT GOVERNMENT EXPENSE, IT WOULD HAVE BEEN PROVIDED FROM ALGIERS TO RABAT BY AIRCRAFT OF FOREIGN REGISTRY, THERE BEING NO SERVICE BETWEEN THOSE POINTS BY AIRCRAFT OF AMERICAN REGISTRY, AT A COST OF $51 PER PERSON. ACCORDINGLY, A SUPPLEMENTARY SETTLEMENT FOR $102 WILL ISSUE TO YOU IN DUE COURSE.