B-166105, APR. 8, 1969

B-166105: Apr 8, 1969

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USAF: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14. YOU WERE RELIEVED FROM DUTY WITH 95TH CONSOLIDATED AIRCRAFT MAINTENANCE SQUADRON. LABRADOR) AND WERE ASSIGNED TO DYESS AIR FORCE BASE. CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AND YOU WERE DIRECTED TO REPORT TO YOUR NEW ASSIGNMENT NOT LATER THAN 36 DAYS AFTER DEPARTURE FROM CONTINENTAL UNITED STATES PORT OF ENTRY. IT APPEARS THAT AT THE TIME YOU WERE DUE TO DEPART YOUR OLD STATION. NO VESSELS WERE AVAILABLE FOR THE SHIPMENT OF YOUR PRIVATELY OWNED FOREIGN MANUFACTURED AUTOMOBILE WHICH YOU HAD PURCHASED WHILE AT LABRADOR. THEN HAVE TO RETURN LATER TO THE PORT OF DEBARKATION TO RETRIEVE YOUR VEHICLE IF SHIPPED BY VESSEL.

B-166105, APR. 8, 1969

TO LIEUTENANT COLONEL VINCENT E. DAVIS, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1969, REQUESTING RECONSIDERATION OF SETTLEMENT BY OUR CLAIMS DIVISION DATED OCTOBER 30, 1968, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL AND TRANSPORTATION ALLOWANCES BELIEVED DUE YOU FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM GOOSE AIR BASE, LABRADOR, TO DYESS AIR FORCE BASE, TEXAS.

BY PERMANENT CHANGE OF STATION ORDERS DATED MARCH 27, 1967, AS AMENDED, YOU WERE RELIEVED FROM DUTY WITH 95TH CONSOLIDATED AIRCRAFT MAINTENANCE SQUADRON, APO NEW YORK 09677 (GOOSE AIR BASE, LABRADOR) AND WERE ASSIGNED TO DYESS AIR FORCE BASE, TEXAS. CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED. DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AND YOU WERE DIRECTED TO REPORT TO YOUR NEW ASSIGNMENT NOT LATER THAN 36 DAYS AFTER DEPARTURE FROM CONTINENTAL UNITED STATES PORT OF ENTRY. THE ORDERS AUTHORIZED YOU TO DEPART BY OTHER THAN MILITARY AIRLIFT COMMAND AIRCRAFT ON OR ABOUT JUNE 10, 1967. HOWEVER, THEY PROVIDED THAT YOU WOULD NOT BE REIMBURSED FOR TRAVEL PERFORMED OUTSIDE THE CONTINENTAL UNITED STATES.

IT APPEARS THAT AT THE TIME YOU WERE DUE TO DEPART YOUR OLD STATION, NO VESSELS WERE AVAILABLE FOR THE SHIPMENT OF YOUR PRIVATELY OWNED FOREIGN MANUFACTURED AUTOMOBILE WHICH YOU HAD PURCHASED WHILE AT LABRADOR. SINCE YOU DID NOT WANT TO PROCEED BY AIRCRAFT OF THE MILITARY AIRLIFT COMMAND (MAC) TO MCGUIRE AIR FORCE BASE, NEW JERSEY, AND THEN HAVE TO RETURN LATER TO THE PORT OF DEBARKATION TO RETRIEVE YOUR VEHICLE IF SHIPPED BY VESSEL, YOU ARRANGED TO SHIP IT BY CANADIAN REGISTERED AIRCRAFT TO MONCTON, NEW BRUNSWICK, CANADA. THE RECORD INDICATES THAT SHIPMENT OF THE VEHICLE TO THE UNITED STATES AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED.

IT APPEARS FURTHER THAT ALTHOUGH GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOU AND YOUR WIFE TO THE UNITED STATES, YOU BOTH TRAVELED COMMENCING JUNE 9, 1967, BY CANADIAN REGISTERED AIRLINE AS IT WAS THE ONLY ONE AVAILABLE TO TAKE YOU TO MONCTON WHERE YOUR AUTOMOBILE WAS TO BE UNLOADED. UPON OBTAINING YOUR AUTOMOBILE, YOU PROCEEDED WITH YOUR WIFE TO YOUR NEW DUTY STATION, ENTERING THE UNITED STATES THROUGH HOULTON, MAINE.

THE RECORD SHOWS THAT YOU WERE PAID MILEAGE FOR YOUR TRAVEL AND MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENT'S TRAVEL FROM HOUTON, MAINE, POINT OF ENTRY INTO THE UNITED STATES, TO DYESS AIR FORCE BASE, TEXAS. YOUR PRESENT CLAIM IS FOR REIMBURSEMENT OF THE COST OF THE AIR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM GOOSE AIR BASE TO MONCTON VIA EASTERN PROVINCIAL AIRWAYS, LIMITED, A CANADIAN BASED AIRLINE, AND MILEAGE AND TRAVEL ALLOWANCES FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM MONCTON TO HOULTON, MAINE.

ALSO YOU SAY THAT YOU FEEL YOU SHOULD AT LEAST BE PAID THE AMOUNT WHICH THE GOVERNMENT WOULD HAVE PAID THE CIVILIAN CONTRACT AIRLINE FOR TRANSPORTATION FOR YOURSELF AND YOUR WIFE FROM YOUR STATION IN CANADA TO MCGUIRE AIR FORCE BASE.

AN ADMINISTRATIVE REPORT DATED JANUARY 26, 1968, INDICATES THAT THE OFFICIAL ROUTING FOR TRAVEL BETWEEN GOOSE AIR BASE AND CONTINENTAL UNITED STATES IS BY MAC AIRCRAFT TO MCGUIRE AIR FORCE BASE, NEW JERSEY. INDICATES FURTHER THAT THE INTENT OF THE STATEMENT IN THE ORDERS PROHIBITING REIMBURSEMENT FOR TRAVEL PERFORMED OUTSIDE THE CONTINENTAL UNITED STATES WAS TO PERMIT YOU TO DEVIATE FROM THE PRESCRIBED ROUTING AT NO EXPENSE TO THE GOVERNMENT.

PARAGRAPH M2150, JOINT TRAVEL REGULATIONS, PROVIDES THAT EXCEPT WHERE THE AUTHORITY ISSUING TRAVEL ORDERS OR THE TRANSPORTATION OFFICER MAY DETERMINE OTHERWISE, VESSELS AND AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WILL BE USED FOR ALL TRAVEL AND TRANSPORTATION OUTSIDE CONTINENTAL UNITED STATES.

PARAGRAPH M4154-3, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PROVISIONS OF 37 U.S.C. 404, PROVIDES IN PERTINENT PART THAT FOR THE PURPOSE OF DETERMINING ALLOWANCES PAYABLE WHEN MIXED TRAVEL IS PERFORMED, EACH PORTION WILL BE CONSIDERED TO BE A SEPARATE JOURNEY, INCLUDING THE TRAVEL BETWEEN A STATION LOCATED OUTSIDE THE UNITED STATES AND THE PORT OF EMBARKATION (OR DEBARKATION) OUTSIDE THE UNITED STATES SERVING THAT STATION; TRAVEL BETWEEN A POINT OF EMBARKATION AND A POINT OF DEBARKATION; AND TRAVEL BETWEEN A STATION IN THE UNITED STATES AND A POINT OF EMBARKATION (OR DEBARKATION) IN THE UNITED STATES SERVING THAT STATION.

UNDER THE PROVISIONS OF PARAGRAPH M4159 OF THE REGULATIONS, A MEMBER TRAVELING UNDER PERMANENT CHANGE-OF-STATION ORDERS FROM A POINT OUTSIDE THE UNITED STATES, WHICH ORDERS DO NOT DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, MAY, FOR TRANSOCEANIC TRAVEL WHERE GOVERNMENT AIRCRAFT OR VESSEL IS AVAILABLE, PERFORM SUCH TRAVEL BY ANOTHER MODE OF TRANSPORTATION (OTHER THAN FOREIGN-FLAG) AT PERSONAL EXPENSE AND BE REIMBURSED THE COST OF THE TRANSPORTATION UTILIZED NOT TO EXCEED THE APPLICABLE TARIFF CHARGE WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY FOR THE AVAILABLE GOVERNMENT TRANSPORTATION. FOR TRAVEL FROM THE APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION SERVING THE NEW STATION, HE IS ENTITLED TO ALLOWANCES PRESCRIBED FOR THE OFFICIAL DISTANCE BETWEEN THAT PORT AND THE NEW DUTY STATION.

PARAGRAPH M7000, ITEM 7, JOINT TRAVEL REGULATIONS, PROHIBITS REIMBURSEMENT FOR ANY PORTION OF TRAVEL PERFORMED BY A MEMBER'S DEPENDENTS BY A FOREIGN REGISTERED VESSEL OR AIRCRAFT, IF AMERICAN REGISTERED VESSELS OR AIRCRAFT ARE AVAILABLE BY THE USUALLY TRAVELED ROUTE. PARAGRAPHS M7002 -2B AND M7003-3B PROVIDE THAT A MEMBER MAY BE REIMBURSED FOR TRAVEL OF HIS DEPENDENTS WHO ACCOMPANY HIM IN THE SAME MANNER AS FOR HIS PERSONAL TRAVEL.

FOR TRANSOCEANIC TRAVEL, HOWEVER, IF GOVERNMENT VESSEL IS NOT AVAILABLE AND GOVERNMENT AIR IS REFUSED, REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION COSTS WILL NOT EXCEED THE COST OF PASSAGE BY COMMERCIAL VESSEL. MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PAYABLE FOR THE OFFICIAL DISTANCE FROM THE WATER OR AERIAL PORT OF DEBARKATION ACTUALLY USED TO THE NEW STATION EXCEPT THAT IF INDIRECT ROUTES ARE USED FOR PERSONAL CONVENIENCE, THE AMOUNT PAYABLE WILL NOT EXCEED THAT PAYABLE FOR DIRECT TRAVEL BY THE MODE OF TRANSPORTATION ACTUALLY USED.

IMPLEMENTING REGULATIONS INVOLVING CIRCUITOUS TRAVEL FOR TRAVEL TO, FROM AND BETWEEN OVERSEAS AREAS ARE CONTAINED IN PARAGRAPH 3308, AIR FORCE MANUAL 75-4. IT STATES THAT THE NORMAL ROUTING OF PERSONNEL TO AND FROM OVERSEAS IS SHOWN IN ATTACHMENT 36 OF THAT REGULATION. IT PROVIDES IN PERTINENT PART THAT CIRCUITOUS TRAVEL FOR PERSONAL CONVENIENCE MAY BE AUTHORIZED MILITARY PERSONNEL AND THEIR ACCOMPANYING DEPENDENTS UPON REASSIGNMENT FROM OVERSEAS TO THE UNITED STATES, PROVIDED THAT THE TOTAL COST OVER A CIRCUITOUS ROUTE DOES NOT EXCEED THE CHARGES THAT THE AIR FORCE WOULD HAVE BEEN REQUIRED TO PAY IF THE TRAVEL HAD BEEN PERFORMED VIA THE ROUTES AND MODES PRESCRIBED IN THAT ATTACHMENT. REIMBURSEMENT IS NOT AUTHORIZED FOR ANY PORTION OF CIRCUITOUS TRAVEL VIA A FOREIGN FLAG CARRIER.

ATTACHMENT 36 SHOWS THAT THE NORMAL ROUTING FROM LABRADOR TO THE UNITED STATES IS FROM GOOSE AIR BASE, LABRADOR, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, BY MATS (NOW MAC) AIRCRAFT. NO SURFACE TRAVEL FACILITIES ARE AVAILABLE. THAT ATTACHMENT FURTHER PROVIDES THAT ANY DEVIATION FROM THE ROUTES THERE PRESCRIBED, EXCEPT THOSE NECESSARY FOR COMPLETION OF A MISSION AND THOSE RESULTING IN A RATE FAVORABLE ROUTING, WILL BE CONSIDERED AS CIRCUITOUS ROUTING.

WHEN AUTHORIZED TRAVEL IS PERFORMED BY A ROUTE OTHER THAN THE DIRECT OR OFFICIAL ROUTE, THE MEMBER GENERALLY IS ENTITLED TO REIMBURSEMENT FOR THE TRAVEL AND TRANSPORTATION COSTS ACTUALLY INCURRED, NOT TO EXCEED THE COSTS THAT WOULD HAVE NECESSARILY BEEN INVOLVED FOR TRAVEL BY THE DIRECT OR OFFICIAL ROUTE TO HIS NEW DUTY STATION. 7 COMP. GEN. 840; 9 ID. 210 AND 47 ID. 440.

WHERE MEMBERS ARE AUTHORIZED TO PERFORM TRAVEL FROM STATIONS OUTSIDE THE UNITED STATES BY OTHER THAN AVAILABLE GOVERNMENT TRANSPORTATION, REIMBURSEMENT MAY BE AUTHORIZED FOR COST OF SUCH TRAVEL, NOT TO EXCEED THE COST TO THE GOVERNMENT HAD THE TRAVEL BEEN PERFORMED BY GOVERNMENT FACILITIES. HOWEVER, THE REGULATIONS SPECIFICALLY BAR REIMBURSEMENT FOR TRAVEL OR TRANSPORTATION EXPENSES INCURRED ON A FOREIGN VESSEL OR AIRCRAFT, IN THE ABSENCE OF A DETERMINATION BY APPROPRIATE AUTHORITY THAT SUCH TRAVEL WAS NECESSARY FOR THE PERFORMANCE OF OFFICIAL BUSINESS. 147924, FEBRUARY 8, 1962 AND B-158167, JANUARY 24, 1966. COMPARE 46 COMP. GEN. 243.

UNDER THE REGULATIONS CITED, THE AUTHORIZED TRAVEL FROM GOOSE AIR BASE, LABRADOR, PORT OF EMBARKATION, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, PORT OF DEBARKATION SERVING DYESS AIR FORCE BASE, TEXAS, YOUR NEW DUTY STATION, WAS A SEPARATE JOURNEY FOR TRAVEL AND TRANSPORTATION ALLOWANCE PURPOSES. ALTHOUGH TRANSPORTATION BY MACAIRCRAFT TO MCGUIRE AIR FORCE BASE WAS AVAILABLE FOR YOU AND YOUR WIFE, YOU CHOSE FOR YOUR PERSONAL CONVENIENCE TO TRAVEL WITH YOUR WIFE ON A FOREIGN REGISTERED AIRLINE TO MONCTON, NEW BRUNSWICK, CANADA, AND THENCE BY PRIVATELY OWNED AUTOMOBILE TO YOUR NEW DUTY STATION VIA HOULTON, MAINE, POINT OF ENTRY INTO THE UNITED STATES.

SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE TO MCGUIRE AIR FORCE BASE, THE PORT OF DEBARKATION IN THE UNITED STATES BY PRESCRIBED DIRECT ROUTE, AND IN VIEW OF THE LIMITATIONS CONTAINED IN PARAGRAPHS 72150, M4159 AND M7000, ITEM 7, REIMBURSEMENT FOR TRAVEL PERFORMED BY A FOREIGN REGISTERED AIRLINE IS NOT AUTHORIZED. ALSO, IN VIEW OF THE PROVISION IN THE ORDERS OF MARCH 27, 1967, WHICH BARRED REIMBURSEMENT FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES BY OTHER THAN MAC AIRCRAFT, REIMBURSEMENT IS NOT AUTHORIZED FOR THE BALANCE OF THE TRAVEL PERFORMED BY PRIVATELY OWNED AUTOMOBILE FROM MONCTON TO HOULTON, POINT OF ENTRY INTO THE UNITED STATES. FOR THE SAME REASONS THERE IS NO AUTHORITY TO ALLOW YOU THE AMOUNT WHICH IT WOULD HAVE COST THE GOVERNMENT TO FURNISH MAC TRANSPORTATION FOR YOURSELF AND YOUR WIFE TO MCGUIRE AIR FORCE BASE. ACCORDINGLY, THE SETTLEMENT DATED OCTOBER 30, 1968, WAS CORRECT AND IS SUSTAINED.

WITH RESPECT TO THE TRAVEL BY AUTOMOBILE FROM HOULTON TO DYESS AIR FORCE BASE, THE REGULATIONS PROVIDED, AS INDICATED ABOVE, THAT ANY DEVIATION FROM THE PRESCRIBED ROUTE, EXCEPT WHEN NECESSARY FOR THE COMPLETION OF A MISSION OR WHEN RESULTING IN A RATE FAVORABLE ROUTING, WILL BE CONSIDERED AS CIRCUITOUS TRAVEL. SINCE TRAVEL BY OTHER THAN THE PRESCRIBED ROUTE WAS NOT ON OFFICIAL BUSINESS, THE MATTER OF TRANSPORTING YOUR AUTOMOBILE BEING YOUR PERSONAL RESPONSIBILITY, YOU WERE ENTITLED TO ALLOWANCES FOR THE TRAVEL PERFORMED BY YOUR WIFE AND YOURSELF FROM HOULTON NOT TO EXCEED THE AMOUNT AUTHORIZED FOR DIRECT TRAVEL FROM MCGUIRE AIR FORCE BASE.

IT HAS BEEN REPORTED, HOWEVER, THAT YOU WERE PAID ALLOWANCES COMPUTED ON THE DISTANCE FROM HOULTON, MAINE, AND THEREFORE IT APPEARS THAT AN OVERPAYMENT HAS BEEN MADE. A COPY OF THIS DECISION IS BEING TRANSMITTED TO THE AIR FORCE ACCOUNTING AND FINANCE OFFICE, DENVER, COLORADO, FOR APPROPRIATE ACTION WITH RESPECT TO THE OVERPAYMENT.