B-161920, SEP. 1, 1967

B-161920: Sep 1, 1967

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SERVICEMAN WHO TRAVELED TO TEMPORARY DUTY AT PERSONAL EXPENSE BECAUSE HE WAS MISINFORMED AS TO THE NECESSITY TO OBTAIN TRANSPORTATION REQUESTS AS DIRECTED IN THE ORDERS IS ENTITLED TO REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED NOT TO EXCEED COST TO THE GOVERNMENT HAD THE TRANSPORTATION REQUEST BEEN OBTAINED. THE AMOUNT AUTHORIZED IS MAXIMUM BY LAW ALLOWABLE AND ANY ADDITIONAL AMOUNT CLAIMED DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT THE REPORTING TO CONGRESS AS A MERITORIOUS CLAIM. AF 1683 5713: REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL PERFORMED FROM RANDOLPH AIR FORCE BASE. YOU WERE DIRECTED TO PROCEED FROM RANDOLPH AIR FORCE BASE.

B-161920, SEP. 1, 1967

TRAVEL EXPENSES - MILITARY PERSONNEL - FAILURE TO USE TRANSPORTATION REQUEST DECISION TO AIRMAN 2D CLASS RE EXPENSES OF TRAVEL FROM RANDOLPH AIR FORCE BASE TO TEMPORARY DUTY. SERVICEMAN WHO TRAVELED TO TEMPORARY DUTY AT PERSONAL EXPENSE BECAUSE HE WAS MISINFORMED AS TO THE NECESSITY TO OBTAIN TRANSPORTATION REQUESTS AS DIRECTED IN THE ORDERS IS ENTITLED TO REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED NOT TO EXCEED COST TO THE GOVERNMENT HAD THE TRANSPORTATION REQUEST BEEN OBTAINED. WITH REGARD TO RECOMMENDATION OF AIR FORCE THAT CLAIM BE CONSIDERED UNDER MERITORIOUS CLAIMS ACT, THE AMOUNT AUTHORIZED IS MAXIMUM BY LAW ALLOWABLE AND ANY ADDITIONAL AMOUNT CLAIMED DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT THE REPORTING TO CONGRESS AS A MERITORIOUS CLAIM.

TO AIRMAN SECOND CLASS RICHARD A. GRENKE, AF 1683 5713:

REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL PERFORMED FROM RANDOLPH AIR FORCE BASE, TEXAS, TO WASHINGTON, D.C., DURING THE PERIOD DECEMBER 20, 1966, TO JANUARY 3, 1967.

BY SPECIAL ORDER NO. TA-4711, DATED DECEMBER 16, 1966, EFFECTIVE ON OR ABOUT DECEMBER 20, 1966, YOU WERE DIRECTED TO PROCEED FROM RANDOLPH AIR FORCE BASE, TEXAS, TO WASHINGTON, D.C., FOR TEMPORARY DUTY OF APPROXIMATELY 24 DAYS. THE ORDERS DIRECTED UTILIZATION OF GOVERNMENT TRANSPORTATION REQUESTS (RAIL, BUS, AIR) FOR THE TRAVEL AND AUTHORIZED 15 DAYS' DELAY EN ROUTE CHARGEABLE TO LEAVE. YOU DID NOT USE TRANSPORTATION REQUESTS BUT TRAVELED AT PERSONAL EXPENSE AND CLAIMED REIMBURSEMENT IN THE AMOUNT OF $85 FOR AIR TRAVEL FROM RANDOLPH AIR FORCE BASE, TEXAS, TO NATIONAL AIRPORT, ARLINGTON, VIRGINIA, PLUS $5.50 CAB FARE FROM THE AIRPORT TO WASHINGTON, D.C.

PAYMENT OF YOUR CLAIM WAS NOT MADE BY THE AIR FORCE FOR THE REASON THAT PARAGRAPH 4203 (3) (D) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN ORDERS SPECIFICALLY DIRECT THE ISSUANCE OF TRANSPORTATION REQUESTS FOR TRAVEL VIA SPECIFIC MODES OF TRANSPORTATION BUT THE MEMBER TRAVELS AT PERSONAL EXPENSE, PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS NOT AUTHORIZED UNLESS TRANSPORTATION REQUESTS ARE SHOWN NOT TO HAVE BEEN AVAILABLE OR THE DIRECTED MODE OF TRANSPORTATION WAS NOT AVAILABLE.

YOUR CLAIM WAS FORWARDED HERE BY THE DIRECTORATE OF QUALITY EXAMINATION, ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, WITH THE REQUEST THAT WE CONSIDER IT WAS A MERITORIOUS CLAIM UNDER THE ACT OF APRIL 10, 1928, CH. 334, 45 STAT. 413; 31 U.S.C. 236.

AS TO THE REASON FOR YOUR FAILURE TO USE TRANSPORTATION REQUESTS THE RECORD CONTAINS A STATEMENT BY THE DIRECTORATE OF DATA AUTOMATION, AIR FORCE, THAT DUE TO UNFAMILIARITY WITH THE JOINT TRAVEL REGULATIONS AND THE PROVISIONS OF YOUR ORDERS YOU WERE ADVISED BY YOUR SUPERIOR TO PROCEED AT YOUR OWN EXPENSE FROM RANDOLPH AIR FORCE BASE TO YOUR HOME FOR THE PERIOD OF LEAVE AND THEN TO TRAVEL FIRST CLASS TO WASHINGTON, D.C., AND THAT YOU WOULD BE REIMBURSED FOR THE COST OF THE TRAVEL FROM RANDOLPH AIR FORCE BASE TO WASHINGTON, D.C.

SINCE THE USE OF TRANSPORTATION REQUESTS WAS DIRECTED IN YOUR ORDERS, NO AUTHORITY EXISTS UNDER THE CITED REGULATIONS TO REIMBURSE YOU FOR THE EXPENSES OF YOUR TRAVEL IN THE FORM OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION, AND REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS IS RESTRICTED BY PARAGRAPH M4203-2 OF THE REGULATIONS (EXCEPT IN CASES INVOLVING TRANSPORTATION EXPENSES OF $15 OR LESS) TO THOSE CASES WHERE TRANSPORTATION REQUESTS WERE NOT AVAILABLE. HOWEVER, RECOGNIZING THE GOVERNMENT'S OBLIGATION GENERALLY TO PROVIDE THE MEANS TO OBTAIN TRANSPORTATION NECESSARY IN THE PERFORMANCE OF OFFICIAL BUSINESS, AND CONSIDERING THAT THERE IS EVIDENCE THAT YOU WERE MISINFORMED CONCERNING THE NECESSITY TO OBTAIN TRANSPORTATION REQUESTS FOR THE TRAVEL DIRECTED BY YOUR ORDERS, IT IS CONCLUDED THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE EXPENSES ACTUALLY INCURRED FOR THE TRANSPORTATION IN QUESTION, NOT TO EXCEED THE COST TO THE GOVERNMENT THAT WOULD HAVE BEEN INVOLVED HAD TRANSPORTATION REQUESTS BEEN OBTAINED. IT APPEARS THAT THE COST TO THE GOVERNMENT HAD A TRANSPORTATION REQUEST BEEN ISSUED FOR AIR TRAVEL TO NATIONAL AIRPORT, ARLINGTON, VIRGINIA, WOULD HAVE BEEN $84.50 AND THAT AIRPORT LIMOUSINES WERE AVAILABLE FROM THE AIRPORT TO DOWNTOWN WASHINGTON, D.C., AT A COST OF $1.35. IN THE ABSENCE OF A SHOWING OF THE OFFICIAL NECESSITY FOR INCURRING TRANSPORTATION EXPENSES IN A GREATER AMOUNT FOR TRAVEL FROM WASHINGTON NATIONAL AIRPORT, REIMBURSEMENT FOR CAB FARE MUST BE LIMITED TO THAT AMOUNT. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.

WITH REGARD TO THE RECOMMENDATION OF THE AIR FORCE THAT THE CLAIM BE CONSIDERED UNDER THE MERITORIOUS CLAIMS ACT, THE AMOUNT AUTHORIZED HEREIN REPRESENTS THE MAXIMUM AMOUNT PAYABLE UNDER THE APPLICABLE LAW AND REGULATIONS, AND ANY ADDITIONAL AMOUNT CLAIMED BY YOU DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT THE REPORTING OF IT TO THE CONGRESS AS A MERITORIOUS CLAIM.