B-162996, JUN. 28, 1968

B-162996: Jun 28, 1968

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O-HARE: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR MILEAGE ALLOWANCE FOR TRANSPORTATION BETWEEN YOUR PLACE OF LODGING AND PLACE OF TEMPORARY DUTY AT THE SPERRY RAND CORPORATION. WHILE THE RETROACTIVE AMENDMENT OF TRAVEL ORDERS GENERALLY IS WITHOUT EFFECT TO CHANGE VESTED RIGHTS. SUCH AMENDMENT WILL BE VIEWED AS AN ADMINISTRATIVE APPROVAL OF THE NECESSARY USE OF YOUR AUTOMOBILE AT THE PLACES OF TEMPORARY DUTY. IT IS REPORTED THAT LIVING QUARTERS WERE AVAILABLE WITHIN THE IMMEDIATE AREA OF THE TEMPORARY DUTY STATION (FOR MEMBERS WITHOUT DEPENDENTS) BUT IN SOME INSTANCES TEMPORARY DUTY PERSONNEL PROCURED QUARTERS AT A GREATER DISTANCE FROM THERE IN ORDER TO OBTAIN A LOWER COST OF QUARTERS AND THEN CLAIMED MILEAGE BETWEEN SUCH PLACE OF LODGING AND PLACE OF DUTY AFTER THE TEMPORARY DUTY HAD BEEN COMPLETED.

B-162996, JUN. 28, 1968

TO TECHNICAL SERGEANT ROBERT D. O-HARE:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR MILEAGE ALLOWANCE FOR TRANSPORTATION BETWEEN YOUR PLACE OF LODGING AND PLACE OF TEMPORARY DUTY AT THE SPERRY RAND CORPORATION, ST. PAUL, MINNESOTA, AND AT RIXON ELECTRONICS, INC., SILVER SPRING, MARYLAND, DURING THE PERIOD AUGUST 12 TO DECEMBER 2, 1966, PURSUANT TO SPECIAL ORDERS A-786 DATED JULY 29, 1966, AS AMENDED.

THESE ORDERS TRANSFERRED YOU FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO VANDENBERG AIR FORCE BASE, CALIFORNIA, WITH TEMPORARY DUTY EN ROUTE. AMENDMENT TO THE ORDERS ISSUED ON MARCH 7, 1967, AFTER THE TEMPORARY DUTY HAD BEEN PERFORMED PROVIDES FOR THE USE OF YOUR PRIVATELY OWNED VEHICLE FOR THE TRAVEL INVOLVED AT THE PLACES OF TEMPORARY DUTY. WHILE THE RETROACTIVE AMENDMENT OF TRAVEL ORDERS GENERALLY IS WITHOUT EFFECT TO CHANGE VESTED RIGHTS, SUCH AMENDMENT WILL BE VIEWED AS AN ADMINISTRATIVE APPROVAL OF THE NECESSARY USE OF YOUR AUTOMOBILE AT THE PLACES OF TEMPORARY DUTY. IT APPEARS THAT AT ST. PAUL YOU RESIDED A DISTANCE OF 12 MILES FROM YOUR PLACE OF DUTY AND THAT YOU RESIDED A DISTANCE OF 7 MILES FROM YOUR PLACE OF DUTY AT SILVER SPRING.

IT IS REPORTED THAT LIVING QUARTERS WERE AVAILABLE WITHIN THE IMMEDIATE AREA OF THE TEMPORARY DUTY STATION (FOR MEMBERS WITHOUT DEPENDENTS) BUT IN SOME INSTANCES TEMPORARY DUTY PERSONNEL PROCURED QUARTERS AT A GREATER DISTANCE FROM THERE IN ORDER TO OBTAIN A LOWER COST OF QUARTERS AND THEN CLAIMED MILEAGE BETWEEN SUCH PLACE OF LODGING AND PLACE OF DUTY AFTER THE TEMPORARY DUTY HAD BEEN COMPLETED. ALSO, IT IS REPORTED THAT PUBLIC TRANSPORTATION SHOULD HAVE BEEN AVAILABLE. IN A LETTER DATED OCTOBER 12, 1967, TO THE BASE FINANCE OFFICER, VANDENBERG AIR FORCE BASE, YOU INDICATED THAT THIS WAS YOUR SITUATION; THAT YOUR DEPENDENTS WERE WITH YOU AT THE PLACE OF TEMPORARY DUTY AND YOU SAID YOU COULD NOT AFFORD HOUSING IN THE LOCAL AREA. YOU CONTEND THAT WHAT SINGLE AIRMEN WERE DOING SHOULD HAVE NO BEARING ON YOUR CLAIM.

THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO ALLOWANCES FOR TRAVEL AND TEMPORARY DUTY IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO THE STATUTORY AUTHORITY CONTAINED IN SECTION 404, TITLE 37, U.S.C. AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M4413-3 OF THOSE REGULATIONS PROVIDES THAT MEMBERS PERFORMING TEMPORARY DUTY TRAVEL VIA PRIVATELY OWNED CONVEYANCE WILL BE ENTITLED TO AN ALLOWANCE FOR THE DISTANCE THAT A PRIVATELY OWNED CONVEYANCE IS UTILIZED FOR TRIPS BETWEEN THE PLACE OF LODGING AND PLACE OF BUSINESS AND RETURN AT THE PLACE OF TEMPORARY DUTY AT THE RATE OF $0.10 PER MILE WHEN THE TRIP IS PERFORMED ENTIRELY WITHIN THE TEMPORARY DUTY STATION AND SURROUNDING AREA. PARAGRAPH M4413-3 OF THE REGULATIONS ALSO PROVIDES THAT DISTANCES WILL BE BASED ON SPEEDOMETER READINGS OR OTHER ACCEPTABLE EVIDENCE FURNISHED BY THE MEMBER AS TO THE ACTUAL DISTANCES BETWEEN THE PLACES INVOLVED.

THE LAW AND REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT TO A MEMBER FOR EXPENSES INCURRED BY HIS DEPENDENTS IN ACCOMPANYING HIM TO A TEMPORARY DUTY STATION OR FOR INCREASED EXPENSES OF THE MEMBER WHICH ARISE BECAUSE HIS DEPENDENTS ACCOMPANY HIM TO PLACES OF TEMPORARY DUTY. YOU PRESUMABLY COULD HAVE OBTAINED SINGLE LODGING CLOSER TO YOUR TEMPORARY DUTY STATIONS THAN YOU DID AND THE GOVERNMENT IS NOT OBLIGATED TO REIMBURSE YOU FOR EXCESS TRAVEL TO AND FROM FAMILY TYPE QUARTERS OBTAINED A GREATER DISTANCE FROM THE PLACES OF YOUR TEMPORARY DUTY. SINCE YOU SAY THERE WERE QUARTERS AVAILABLE APPROXIMATELY 1-1/2 MILES FROM YOUR TEMPORARY DUTY STATION AT SPERRY RAND CORPORATION, ST. PAUL, MINNESOTA, REIMBURSEMENT IS AUTHORIZED FOR THE UTILIZATION OF YOUR AUTOMOBILE FOR THAT DISTANCE EACH WAY, OR 3 MILES PER DAY AT $0.10 PER MILE, FOR THE PERIOD OF YOUR TEMPORARY DUTY THERE.

REGARDING YOUR TEMPORARY DUTY AT RIXON ELECTRONICS, INC., SILVER SPRING, MARYLAND, IT WOULD SEEM THAT SINGLE QUARTERS MIGHT HAVE BEEN LOCATED NEARER THAN 7 MILES. HOWEVER, IN VIEW OF THE AREA IN WHICH RIXON ELECTRONICS, INC., IS LOCATED, THE SHORT PERIOD YOU WERE THERE AND THE ABSENCE OF INFORMATION AS TO THE AVAILABILITY OF LODGINGS IN THIS AREA, IT WILL BE CONSIDERED THAT YOU WERE REQUIRED TO TRAVEL7 MILES EACH WAY, OR 14 MILES PER DAY AT $0.10 PER MILE, FOR YOUR TRANSPORTATION TO LODGINGS.

OUR CLAIMS DIVISION IS BEING INSTRUCTED TODAY TO ISSUE A SETTLEMENT FOR THE AMOUNT FOUND DUE YOU ON THE BASIS HEREIN EXPLAINED.