B-162613, FEBRUARY 23, 1968, 47 COMP. GEN. 469

B-162613: Feb 23, 1968

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PRESCRIBING THAT WHEN THE TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS PERFORMED ENTIRELY OR IN PART BY PRIVATELY OWNED CONVEYANCES. THE OFFICIAL HIGHWAY DISTANCE IS THE OFFICIAL DISTANCE FOR MILEAGE PAYMENT PURPOSES DOES NOT CONTAIN A PROVISIONS SIMILAR TO THAT IN PARAGRAPH M4155-2A. PROVIDING THAT THE MODE OF TRANSPORTATION USED BY A MEMBER BETWEEN HIS DUTY STATION AND THE LOCAL COMMON CARRIER TERMINAL MAY BE DISREGARDED IN DETERMINING WHETHER THE TRAVEL IS PERFORMED BY COMMON CARRIER. NO DISTINCTION BETWEEN A MEMBER AND HIS DEPENDENTS IS REQUIRED. DEPENDENTS OF A MEMBER TRAVEL BY PRIVATELY OWNED CONVEYANCE TO AN AIR TERMINAL THAT IS NOT THE LOCAL COMMON CARRIER TERMINAL FOR THE OLD DUTY STATION.

B-162613, FEBRUARY 23, 1968, 47 COMP. GEN. 469

MILEAGE - MILITARY PERSONNEL - MIXED MODES OF TRANSPORTATION - CARRIER MILEAGE V. HIGHWAY DISTANCE ALTHOUGH PARAGRAPH M7003-3A OF THE JOINT TRAVEL REGULATIONS, PRESCRIBING THAT WHEN THE TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS PERFORMED ENTIRELY OR IN PART BY PRIVATELY OWNED CONVEYANCES, THE OFFICIAL HIGHWAY DISTANCE IS THE OFFICIAL DISTANCE FOR MILEAGE PAYMENT PURPOSES DOES NOT CONTAIN A PROVISIONS SIMILAR TO THAT IN PARAGRAPH M4155-2A, PROVIDING THAT THE MODE OF TRANSPORTATION USED BY A MEMBER BETWEEN HIS DUTY STATION AND THE LOCAL COMMON CARRIER TERMINAL MAY BE DISREGARDED IN DETERMINING WHETHER THE TRAVEL IS PERFORMED BY COMMON CARRIER, IN COMPUTING MILEAGE PAYMENTS FOR TRAVEL BY IDENTICAL MEANS, NO DISTINCTION BETWEEN A MEMBER AND HIS DEPENDENTS IS REQUIRED. HOWEVER, WHERE INCIDENT TO A PERMANENT CHANGE OF STATION, DEPENDENTS OF A MEMBER TRAVEL BY PRIVATELY OWNED CONVEYANCE TO AN AIR TERMINAL THAT IS NOT THE LOCAL COMMON CARRIER TERMINAL FOR THE OLD DUTY STATION, THE MEMBER IS NOT ENTITLED TO A MILEAGE ALLOWANCE BASED ON THE OFFICIAL CARRIER MILEAGE, BUT ONLY TO PAYMENT ON THE BASIS OF THE OFFICIAL HIGHWAY DISTANCE.

TO LIEUTENANT COLONEL JOHN A. RAPP, UNITED STATES MARINE CORPS, FEBRUARY 23, 1968:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 26, 1967, AND ENCLOSURES, FORWARDED HERE BY 2ND INDORSEMENT DATED OCTOBER 2, 1967, OF THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, REQUESTING A DECISION WHETHER CAPTAIN THOMAS J. KENNEDY, 082904, UNITED STATES MARINE CORPS, MAY BE PAID ADDITIONAL MILEAGE ALLOWANCE IN THE AMOUNT OF $24.12 FOR TRAVEL OF HIS DEPENDENTS FROM CAMP PENDLETON, CALIFORNIA, TO KANSAS CITY, MISSOURI, INCIDENT TO HIS PERMANENT CHANGE OF STATION ORDERS OF JANUARY 31, 1967. YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 67-33 BY THE ABOVE COMMITTEE.

BY ORDERS DATED JANUARY 31, 1967, HEADQUARTERS, HEADQUARTERS BATTALION (REINFORCED), 1ST MARINE DIVISION (REINFORCED), FMF, FPO SAN FRANCISCO 96602, AS AMENDED, CAPTAIN KENNEDY WAS TRANSFERRED FROM HIS OVERSEAS STATION IN SOUTH VIETNAM TO THE MARINE CORPS RESERVE DATA SERVICE CENTER, KANSAS CITY, MISSOURI, WITH 30 DAYS' DELAY IN REPORTING. A FIRST ENDORSEMENT DATED FEBRUARY 5, 1967, TO THOSE ORDERS SHOWS THAT HIS LEAVE ADDRESS WAS 109-A WONJU CIRCLE, CAMP PENDLETON, CALIFORNIA. IT APPEARS THAT CAMP PENDLETON WAS HIS PERMANENT STATION PRIOR TO HIS OVERSEAS ASSIGNMENT AND THE PLACE HIS DEPENDENTS HAD REMAINED DURING SUCH OVERSEAS ASSIGNMENT. UNDER THE AUTHORITY OF THOSE ORDERS, CAPTAIN KENNEDY'S DEPENDENT WIFE AND FOUR CHILDREN TRAVELED FROM CAMP PENDLETON TO KANSAS CITY DURING THE PERIOD APRIL 17 TO 20, 1967. IN HIS CLAIM VOUCHER DATED APRIL 25, 1967, HE SHOWED THAT HIS WIFE AND ONE CHILD UTILIZED PRIVATELY OWNED CONVEYANCE AND COMMON CARRIER FOR THE TRAVEL INVOLVED AND THE OTHER THREE CHILDREN UTILIZED ONLY PRIVATE CONVEYANCE. HE WAS PAID THE SUM OF $288.54 FOR THE TRAVEL OF HIS DEPENDENTS COMPUTED ON THE BASIS OF $0.18 PER MILE ($0.06 FOR ONE ADULT PLUS $0.12 FOR 4 CHILDREN) FOR THE OFFICIAL HIGHWAY DISTANCE BETWEEN CAMP PENDLETON AND KANSAS CITY OF 1,603 MILES.

AS A BASIS FOR PAYMENT OF THE ADDITIONAL MILEAGE CAPTAIN KENNEDY SAYS THAT HIS WIFE AND ONE CHILD TRAVELED BY PRIVATELY OWNED CONVEYANCE TO SAN DIEGO, CALIFORNIA, AND THENCE BY COMMERCIAL AIRCRAFT TO KANSAS CITY; AND, SINCE SAN DIEGO IS THE NEAREST AIR TERMINAL SERVING CAMP PENDLETON, HE EXPRESSES THE BELIEF THAT UNDER THE RULE STATED IN PARAGRAPH M4155-2A OF THE JOINT TRAVEL REGULATIONS THE COMPUTATION OF THE PAYMENT FOR THEIR TRAVEL SHOULD HAVE BEEN BASED ON THE OFFICIAL COMMON CARRIER MILEAGE BETWEEN CAMP PENDLETON AND KANSAS CITY.

YOU EXPLAIN IN YOUR LETTER OF AUGUST 26, 1967, THAT THE DETERMINATION TO USE HIGHWAY DISTANCE IN COMPUTING THE AMOUNT DUE CAPTAIN KENNEDY WAS BASED ON THE LITERAL LANGUAGE OF PARAGRAPH M7004 3A-/M7003-3A) OF THE JOINT TRAVEL REGULATIONS PROVIDING THAT WHEN TRAVEL IS PERFORMED ENTIRELY OR IN PART BY PRIVATELY OWNED CONVEYANCE, THE OFFICIAL HIGHWAY DISTANCE WILL BE THE OFFICIAL DISTANCE FOR MILEAGE PAYMENT PURPOSES. IF COMMON CARRIER MILEAGE IS AUTHORIZED, HOWEVER, MILEAGE FOR AN ADDITIONAL 268 MILES AT $0.09 PER MILE, OR $24.12, IS PAYABLE.

PARAGRAPH M4155-2 OF THE JOINT TRAVEL REGULATIONS, PERTAINING TO MEMBERS' TRAVEL, CONTAINS A PROVISION SIMILAR TO THAT IN THE CITED PARAGRAPH M7003- 3A, BUT WITH THE FURTHER PROVISION THAT WHEN THE DISTANCE BETWEEN THE DUTY STATION AND THE LOCAL COMMON CARRIER TERMINAL USED IS SUCH THAT NORMALLY THE MODE OF TRANSPORTATION WOULD BE AS DESCRIBED IN PARAGRAPH M4401, THE MODE OF THE TRANSPORTATION USED FOR THE TRAVEL BETWEEN THE DUTY STATION AND THE COMMON CARRIER TERMINAL USED WILL BE DISREGARDED IN DETERMINING WHETHER TRAVEL IS PERFORMED ENTIRELY BY COMMON CARRIER. IT APPEARS TO BE CAPTAIN KENNEDY'S BELIEF THAT SUCH PROVISION SHOULD HAVE EQUAL APPLICATION IN THE MATTER OF DEPENDENTS' TRAVEL.

IN COMMENTING ON THE CLAIM, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE POINTS OUT THAT THE PROVISION IN PARAGRAPH M4155-2 AS TO DISREGARDING THE MODE OF TRANSPORTATION USED FOR THE TRAVEL BETWEEN THE DUTY STATION AND THE COMMON CARRIER TERMINAL WAS PLACED IN THE REGULATION AS A MEANS OF EXPLAINING THE INTENT OF THE WORDS "TRAVEL IS PERFORMED ENTITELY BY COMMON CARRIER," AND THAT ALTHOUGH PARAGRAPH M7003-3 DOES NOT CONTAIN A SIMILAR EXPLANATORY PROVISION, IT IS NOT THE INTENT OF THE REGULATIONS TO PROVIDE DIFFERENT RULES FOR DETERMINING THE OFFICIAL DISTANCE APPLICABLE TO DEPENDENT TRAVEL AND TO TRAVEL OF THE MEMBER. THE COMMITTEE EXPRESSES THE OPINION THAT IN APPLYING THE PROVISIONS OF PARAGRAPH M4155-2 TO THIS CASE, IF THE MEMBER HAD BEEN AUTHORIZED TO TRAVEL BETWEEN CAMP PENDLETON AND KANSAS CITY AND HAD TRAVELED BY PRIVATELY OWNED CONVEYANCE FROM CAMP PENDLETON TO THE LOCAL COMMON CARRIER TERMINAL IN SAN DIEGO AND BY COMMERCIAL AIR BEYOND, IT WOULD BE CONSIDERED THAT THE AUTHORIZED TRAVEL HAD BEEN PERFORMED ENTIRELY BY COMMON CARRIER AND THE APPLICABLE OFFICIAL DISTANCE WOULD BE THE OFFICIAL COMMON CARRIER DISTANCE. IT CONCLUDES, THEREFORE, THAT THE ABSENCE OF AN EXPLANATORY PROVISION IN PARAGRAPH M7003-3 SHOULD NOT ACT TO REQUIRE THE USE OF OFFICIAL DISTANCE FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS DIFFERENT FROM THAT USED FOR IDENTICAL TRAVEL OF MEMBERS.

WHILE PARAGRAPH M7003-3 DOES NOT CONTAIN AN EXPLANATORY PROVISION CONCERNING TRAVEL BETWEEN THE DUTY STATION AND THE COMMON CARRIER TERMINAL USED, SUCH AS THAT CONTAINED IN PARAGRAPH M4155-2, WE AGREE WITH THE COMMITTEE VIEW THAT NO DISTINCTION SHOULD BE DRAWN FOR THE PURPOSE OF COMPUTING MILEAGE PAYMENTS FOR TRAVELS OF THE MEMBER AND HIS DEPENDENTS WHEN THE TRAVEL IN EACH CASE IS PERFORMED BY IDENTICAL MEANS. IF, THEREFORE, THE SAN DIEGO AIRPORT IS A LOCAL COMMON CARRIER TERMINAL WITHIN THE CONTEMPLATION OF THE MILITARY TRAVEL LAWS AND REGULATIONS FOR PURPOSES OF TRAVEL TO AND FROM CAMP PENDLETON, COMMON CARRIER MILEAGE WOULD BE PAYABLE IN THE CASE OF TRAVEL BY A MEMBER OR HIS DEPENDENTS TO OR FROM CAMP PENDLETON WHEN ARRIVAL OR DEPARTURE IS AT OR FROM THAT AIRPORT. FOR THE REASONS STATED HEREINAFTER, HOWEVER, THE SAN DIEGO AIRPORT DOES NOT QUALIFY AS A LOCAL TERMINAL FOR PURPOSES OF TRAVEL TO OR FROM CAMP PENDLETON.

THE PROVISIONS OF PARAGRAPH M4155-2 OF THE JOINT TRAVEL REGULATIONS PERMIT THE USE OF OFFICIAL COMMON CARRIER DISTANCES IN CASES WHERE TRAVEL IS PERFORMED ENTIRELY BY COMMON CARRIER AND PROVIDE THAT FOR PURPOSES OF QUALIFICATION ON THAT BASIS THE MODE OF TRANSPORTATION BETWEEN DUTY STATION AND THE LOCAL COMMON CARRIER TERMINAL USED WILL BE DISREGARDED IF THE DISTANCE BETWEEN THOSE POINTS IS SUCH THAT THE MODE OF TRANSPORTATION TO SUCH TERMINAL NORMALLY WOULD BE AS DESCRIBED IN PARAGRAPH M4401 OF THE REGULATIONS.

SINCE PARAGRAPH M4401 IS CONCERNED ONLY WITH TRANSPORTATION BETWEEN PLACES OF ABODE, LODGING, OR DUTY STATION AND "STATIONS, WHARVES, AIRPORTS, OR OTHER LOCAL TERMINALS OF THE MODE OF COMMERCIAL OR GOVERNMENT TRANSPORTATION USED" IN PERFORMING THE ORDERED TRAVEL, AND AUTHORIZES REIMBURSEMENT FOR THE USUAL TAXICAB, BUS, STREETCAR, SUBWAY, OR OTHER PUBLIC CARRIER FARES FOR TRAVEL TO THE LOCAL TERMINAL, IT IS OUR VIEW THAT THE REFERENCE IN PARAGRAPH M4155 TO THE LOCAL COMMON CARRIER TERMINAL USED CONTEMPLATES A TERMINAL WITHIN THE DUTY STATION OR IN ITS VICINITY WHICH IS NORMALLY SERVED BY THE ENUMERATED FORMS OF TRANSPORTATION. SEE 40 COMP. GEN. 7; 41 COMP. GEN. 588; 44 COMP. GEN. 445; 45 COMP. GEN. 840. UNLESS, THEREFORE, THE TERMINAL USED IS AT, OR IN THE VICINITY OF THE DUTY STATION, AND IS NORMALLY SERVED BY THE ENUMERATED MEANS OF LOCAL TRANSPORTATION SERVING THE DUTY STATION, THE PROVISIONS OF PARAGRAPH M4155 -2 OF THE REGULATIONS HAVE NO APPLICATION EVEN THOUGH THE TERMINAL MAY BE THE ONE NEAREST TO THE DUTY STATION AND FOR THAT REASON, NECESSARILY USED IN TRAVELING TO AND FROM THE STATION BY A PARTICULAR MODE OF TRANSPORTATION.

FOR THE GUIDANCE OF MARINE CORPS DISBURSING OFFICERS IN DETERMINING OFFICIAL DISTANCES UNDER PARAGRAPHS M4155 AND M4401 OF THE JOINT TRAVEL REGULATIONS, THERE WAS PROVIDED WITH MARINE CORPS ORDER 7220.26,DATED JUNE 1, 1967, A LIST OF STATIONS OR INSTALLATIONS FREQUENTLY USED AS ORIGINS AND TERMINATIONS FOR ORDERED MARINE CORPS TRAVEL. OPPOSITE EACH OF THOSE STATIONS IS INDICATED THE COMMERCIAL AIR TERMINAL SERVING THAT STATION WHICH, IT IS STATED IN THE ORDER "IS SITUATED SO AS TO HAVE THE TRAVEL BETWEEN THE TERMINAL AND THE STATION, IRRESPECTIVE OF MODE USED, DISREGARDED IN DETERMINING IF TRAVEL IS PERFORMED ENTIRELY BY COMMON CARRIER.' THE COMMERCIAL AIR TERMINAL INDICATED AS SERVING THE MARINE CORPS BASE AT CAMP PENDLETON IS THAT AT SAN DIEGO, EVEN THOUGH THE CURRENT OFFICIAL TABLE OF DISTANCES SHOWS THE HIGHWAY DISTANCE BETWEEN THOSE POINTS TO BE 39 MILES AND THE TERMINAL CAN HARDLY BE VIEWED AS IN THE VICINITY OF CAMP PENDLETON. MOREOVER, IT DOES NOT APPEAR THAT THE LOCAL TRANSPORTATION FACILITIES-BUSES, TAXICABS, ETC.-IF ANY, SERVING CAMP PENDLETON, NORMALLY SERVE THE SAN DIEGO AIRPORT.

WE ARE OF THE OPINION, THEREFORE, THAT THE PROVISIONS OF PARAGRAPH M4155- 2 OF THE REGULATIONS HAVE NO APPLICATION IN THE CASE OF TRAVEL FROM OR TO CAMP PENDLETON INVOLVING AIR TRAVEL FROM OR TO THE SAN DIEGO AIRPORT. HENCE, THE MEASURE OF OFFICIAL DISTANCE FOR TRAVEL OF MEMBERS OR THEIR DEPENDENTS FROM CAMP PENDLETON TO A NEW DUTY STATION, INVOLVING TRAVEL BY PRIVATELY OWNED CONVEYANCE FROM CAMP PENDLETON TO THE AIR TERMINAL AT SAN DIEGO, IS THE OFFICIAL HIGHWAY DISTANCE AS REQUIRED BY PARAGRAPH M4155-2B OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, CAPTAIN KENNEDY WAS PROPERLY REIMBURSED FOR HIS DEPENDENTS' TRAVEL AND NO FURTHER TRAVEL ALLOWANCE IS DUE FOR THAT TRAVEL. CAPTAIN KENNEDY'S ORDERS ARE RETURNED. THE REMAINDER OF THE PAPERS SUBMITTED WITH YOUR LETTER WILL BE RETAINED IN OUR FILES.