B-167977, OCT. 31, 1969

B-167977: Oct 31, 1969

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CONSTRUCTIVE COSTS CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO CLAIMANT'S OVERSEAS RELEASE FROM ACTIVE MILITARY DUTY IS DISALLOWED. AS REGULATIONS AT TIME OF RELEASE PROVIDED THAT MILEAGE WAS PAYABLE FOR DISTANCE BETWEEN OVERSEAS LAST DUTY STATION (FRANKFURT. EVEN THOUGH DISTANCE TO CLAIMANT'S HOME FROM PORT TO WHICH TRANSPORTATION WAS PROVIDED (MCGUIRE AIR FORCE BASE. IS GREATER THAN FROM PORT USED IN COMPUTING ALLOWANCE. HEYDA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 3. AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY YOU WERE PAID TRAVEL ALLOWANCE FOR THE DISTANCE FROM FRANKFURT. THE ONLY ROUTE AVAILABLE TO YOU AT THE TIME OF YOUR RETURN TO THE UNITED STATES WAS THE FRANKFURT-MCGUIRE ROUTE WHICH YOU WERE OBLIGED TO ACCEPT.

B-167977, OCT. 31, 1969

TRAVEL EXPENSES--RELEASE FROM ACTIVE DUTY--CONSTRUCTIVE COSTS CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO CLAIMANT'S OVERSEAS RELEASE FROM ACTIVE MILITARY DUTY IS DISALLOWED, AS REGULATIONS AT TIME OF RELEASE PROVIDED THAT MILEAGE WAS PAYABLE FOR DISTANCE BETWEEN OVERSEAS LAST DUTY STATION (FRANKFURT, GERMANY), AND NEAREST PORT OF EMBARKATION (RHEIN-MAIN AIR FORCE BASE), AND BETWEEN APPROPRIATE UNITED STATES PORT OF DEBARKATION (NEW ORLEANS, LA.) AND PLACE TO WHICH HE ELECTED TO RECEIVE TRAVEL ALLOWANCE (HOUSTON, TEX.); BECAUSE CLAIMANT ELECTED TRAVEL ALLOWANCE RATHER THAN TRANSPORTATION OR REIMBURSEMENT THEREFOR, REGULATIONS DO NOT AUTHORIZE FURTHER TRANSPORTATION AT GOVERNMENT EXPENSE FOR SUBSEQUENTLY PERFORMED TRAVEL FROM UNITED STATES PORT OF DEBARKATION, EVEN THOUGH DISTANCE TO CLAIMANT'S HOME FROM PORT TO WHICH TRANSPORTATION WAS PROVIDED (MCGUIRE AIR FORCE BASE, N.J.) IS GREATER THAN FROM PORT USED IN COMPUTING ALLOWANCE. SEE 47 COMP. GEN. 77.

TO MR. CHARLES M. HEYDA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 3, 1969, IN EFFECT REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED JULY 18, 1969, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES ARMY.

SPECIAL ORDERS 154, DATED SEPTEMBER 12, 1967, ISSUED BY HEADQUARTERS, MOVEMENTS CONTROL CENTER, U.S. ARMY TRAFFIC MANAGEMENTS AGENCY, CENTRAL EUROPE, RELEASED YOU FROM ACTIVE DUTY ON SEPTEMBER 15, 1967, AND STATED THAT YOU WOULD RESIDE IN THE EUROPEAN COMMAND FOR APPROXIMATELY TWO MONTHS FOR PERSONAL REASONS. AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY YOU WERE PAID TRAVEL ALLOWANCE FOR THE DISTANCE FROM FRANKFURT, GERMANY, TO RHEIN-MAIN AIR FORCE BASE, PORT OF EMBARKATION, AND FROM NEW ORLEANS, LOUISIANA, PORT OF DEBARKATION, TO HOUSTON, TEXAS, IN THE AMOUNT OF $22.20 (370 MILES

6 CENTS MILE).

YOU SAY IN YOUR LETTER OF SEPTEMBER 3, 1969, THAT IN SPITE OF YOUR REQUEST FOR TRANSPORTATION FROM FRANKFURT, GERMANY, TO NEW ORLEANS, LOUISIANA, THE ONLY ROUTE AVAILABLE TO YOU AT THE TIME OF YOUR RETURN TO THE UNITED STATES WAS THE FRANKFURT-MCGUIRE ROUTE WHICH YOU WERE OBLIGED TO ACCEPT. YOU ALSO SAY THAT WHILE THE JOINT TRAVEL REGULATIONS LISTED NEW ORLEANS AS THE APPROPRIATE PORT OF DEBARKATION, THAT PORT WAS NOT AVAILABLE TO YOU, AND YOU CONTEND THAT THE ARMY WAS OBLIGATED TO PROVIDE YOU WITH TRANSPORTATION FROM YOUR POINT OF SEPARATION TO YOUR HOME OF RECORD WHICH IT FAILED TO DO.

YOU WERE ADVISED IN THE SETTLEMENT OF JULY 18, 1969, THAT PARAGRAPH M4159 -5 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN 37 U.S.C. 404, PROVIDES AUTHORITY FOR THE PAYMENT OF MILEAGE WHEN NO TRAVEL IS TO BE PERFORMED INCIDENT TO SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. THIS PARAGRAPH PROVIDED DURING THE PERIOD INVOLVED, WITH AN EXCEPTION NOT HERE MATERIAL, THAT WHEN THE MEMBER'S LAST DUTY STATION WAS LOCATED OUTSIDE THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTED TO RECEIVE TRAVEL ALLOWANCES WAS LOCATED WITHIN THE UNITED STATES, MILEAGE WAS PAYABLE FOR THE OFFICIAL DISTANCE BETWEEN THE MEMBER'S LAST DUTY STATION AND THE NEAREST PORT OF EMBARKATION FROM WHICH TRANSPORTATION COULD HAVE BEEN FURNISHED TO THE UNITED STATES AND BETWEEN THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTED TO RECEIVE TRAVEL ALLOWANCES.

THE REGULATIONS PROVIDED THAT IN DETERMINING THE APPROPRIATE PORT OF DEBARKATION FOR SUCH PURPOSE IN CASES WHERE, AS IN YOUR CASE, THE MEMBER'S LAST DUTY STATION WAS LOCATED OUTSIDE THE UNITED STATES EAST OF 100 DEGREES WEST LONGITUDE, BUT WEST OF 100 DEGREES EAST LONGITUDE, THE PORT OF NEW YORK, NEW YORK, NEW ORLEANS, LOUISIANA, OR NORFOLK, VIRGINIA, WHICHEVER INVOLVED THE LESSER DISTANCE IN THE UNITED STATES, WOULD APPLY. ACCORDINGLY, YOU WERE ADVISED IN THE SETTLEMENT OF JULY 18, 1969, THAT NEW ORLEANS INVOLVED THE LESSER DISTANCE TO YOUR HOME OF RECORD AT HOUSTON, TEXAS, AND IT WAS THE APPROPRIATE PORT FROM WHICH MILEAGE ALLOWANCE COULD BE ALLOWED INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY.

YOU BECAME ENTITLED UNDER THE REGULATIONS TO THE TRAVEL ALLOWANCE FROM YOUR OVERSEAS STATION TO THE PLACE YOU ELECTED IN THE UNITED STATES AT THE TIME OF YOUR SEPARATION FROM THE ARMY ON SEPTEMBER 15, 1967, SINCE YOU REQUESTED OVERSEAS SEPARATION. YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE IS BASED ON CONDITIONS THAT YOU SAY EXISTED WHEN YOU RETURNED TO THE UNITED STATES ON JULY 17, 1968, BY GOVERNMENT PLANE.

IF YOU HAD RETURNED TO THE UNITED STATES FOR SEPARATION FROM THE ARMY THE GOVERNMENT WOULD HAVE FURNISHED YOU TRANSPORTATION, OR REIMBURSEMENT THEREFOR, FROM YOUR OVERSEAS STATION TO YOUR RESIDENCE IN THIS COUNTRY. HOWEVER, BECAUSE OF YOUR ELECTION TO RECEIVE TRAVEL ALLOWANCE UPON YOUR OVERSEAS SEPARATION, THE CITED REGULATIONS NEITHER CONTEMPLATE NOR AUTHORIZE FURTHER TRANSPORTATION AT GOVERNMENT EXPENSE FOR SUBSEQUENTLY PERFORMED TRAVEL FROM A PORT OF DEBARKATION IN THE UNITED STATES EVEN THOUGH THE DISTANCE TO YOUR HOME FROM THE PORT TO WHICH YOU WERE PROVIDED TRANSPORTATION MAY BE GREATER THAN FROM THE PORT USED IN COMPUTING YOUR MILEAGE ALLOWANCE. SEE DECISION OF JULY 27, 1967, B-161834, COPY ENCLOSED.