B-173236, SEP 30, 1971

B-173236: Sep 30, 1971

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PROVIDES THAT A MEMBER OF A UNIFORM SERVICE IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM HIS LAST DUTY STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. THE ENTITLEMENT TO ALLOWANCES IS LIMITED TO TRAVEL AS SHOULD HAVE BEEN PERFORMED TO THE NEW YORK CITY AREA. WAS FROM THE DUTY STATION (LONDONDERRY. THE CLAIMS DIVISION SETTLEMENT WAS PROPER. YOU WERE TRANSFERRED TO THE APPROPRIATE ACTIVITY NEAREST TO THE PORT OF DEBARKATION IN THE UNITED STATES FOR TRANSFER TO THE FLEET RESERVE. TRAVEL WAS DIRECTED BY GOVERNMENT AIRCRAFT IF AVAILABLE AND BY COMMERCIAL MEANS. THE ROUTE INDICATED WAS FROM BELFAST TO NEW YORK. IT WAS STATED THAT NO GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM YOUR STATION TO BELFAST.

B-173236, SEP 30, 1971

MILITARY PERSONNEL - HOME OF SELECTION - DEPENDENT TRAVEL DECISION AFFIRMING CLAIMS DIVISION SETTLEMENT OF THE CLAIM OF CHARLES E. GREER, SHCS, USNFR, FOR TRAVEL ALLOWANCES INCIDENT TO TRANSFER TO THE FLEET RESERVE. THE CONTROLLING STATUTORY PROVISION, 37 U.S.C. 404, PROVIDES THAT A MEMBER OF A UNIFORM SERVICE IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM HIS LAST DUTY STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. IT FURTHER PROVIDES THAT A MEMBER MAY SELECT HIS HOME FOR THE PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THIS SECTION. AS REGARDS CLAIMANT HIMSELF, THE ENTITLEMENT TO ALLOWANCES IS LIMITED TO TRAVEL AS SHOULD HAVE BEEN PERFORMED TO THE NEW YORK CITY AREA, PARAGRAPH M4158-1A, JOINT TRAVEL REGULATIONS, AND THE COST TO THE NAVY OF TRANSOCEANIC TRAVEL FROM MCGUIRE AFB, N. J., TO MILDENHALL AFB, ENGLAND, PARAGRAPH M4159-4A, JTR. FOR THE DEPENDENTS, THE AUTHORIZED TRAVEL UNDER PARAGRAPH M7000-12, JTR, WAS FROM THE DUTY STATION (LONDONDERRY, NORTHERN IRELAND) TO THE HOME OF SELECTION (LONDON, ENGLAND). THUS, THE CLAIMS DIVISION SETTLEMENT WAS PROPER.

TO CHARLES E. GREER:

WE REFER FURTHER TO YOUR LETTER DATED MAY 31, 1971, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN REGARD TO YOUR ENTITLEMENT TO TRAVEL ALLOWANCES INCIDENT TO YOUR TRANSFER TO THE FLEET RESERVE.

BY TRANSFER ORDER NUMBER 093-70, JUNE 30, 1970, UNITED STATES NAVAL COMMUNICATION STATION, LONDONDERRY, NORTHERN IRELAND, YOU WERE TRANSFERRED TO THE APPROPRIATE ACTIVITY NEAREST TO THE PORT OF DEBARKATION IN THE UNITED STATES FOR TRANSFER TO THE FLEET RESERVE, WITH YOUR HOME OF RECORD, ST. CHARLES, VIRGINIA, AS YOUR ULTIMATE DESTINATION. TRAVEL WAS DIRECTED BY GOVERNMENT AIRCRAFT IF AVAILABLE AND BY COMMERCIAL MEANS. THE ROUTE INDICATED WAS FROM BELFAST TO NEW YORK, AND IT WAS STATED THAT NO GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM YOUR STATION TO BELFAST.

THE ENDORSEMENT TO THE ORDERS STATED THAT AT YOUR REQUEST YOU WERE AUTHORIZED TO REPORT TO THE NAVAL STATION, NORFOLK, VIRGINIA, INSTEAD OF TO THE SEPARATION ACTIVITY NEAREST TO THE PORT OF DEBARKATION FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. THIS WAS DONE WITH THE STATEMENT THAT YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR MILEAGE OR EXPENSE IN EXCESS OF THAT ALLOWED FOR TRAVEL TO THE SEPARATION ACTIVITY NEAREST TO THE PORT OF DEBARKATION AND THEN TO YOUR HOME OF RECORD, PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, OR HOME OF SELECTION, AS APPLICABLE. IN CASE YOU DID NOT DESIRE TO BEAR THIS EXPENSE, YOU WERE TO REGARD THIS AUTHORIZATION AS CANCELLED AND CARRY OUT THE BASIC ORDERS.

BY RELEASE ORDERS (FLEET RESERVE) DATED JULY 14, 1970, ISSUED BY THE COMMANDING OFFICER, NAVAL STATION, NORFOLK, VIRGINIA, YOU WERE RELEASED FROM ACTIVE DUTY AND TRANSFERRED TO INACTIVE DUTY IN THE FLEET RESERVE, EFFECTIVE JULY 17, 1970, FOLLOWING 8 YEARS OR MORE OF CONTINUOUS ACTIVE DUTY WITH NO SINGLE BREAK OF MORE THAN 90 DAYS. FOR THE PURPOSE OF ESTABLISHING ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS, YOUR LAST PERMANENT DUTY STATION WAS STATED TO BE UNITED STATES NAVAL COMMUNICATION STATION, LONDONDERRY, NORTHERN IRELAND. YOU CERTIFIED ON THOSE ORDERS THAT YOU HAD SELECTED LONDON, ENGLAND, AS YOUR HOME UPON TRANSFER TO THE FLEET RESERVE, AND THAT YOU EXPECTED TO ARRIVE THERE ON AUGUST 16, 1970.

PREVIOUSLY, UNDER AUTHORIZATION DATED JUNE 30, 1970, FROM THE UNITED STATES NAVAL COMMUNICATION STATION, LONDONDERRY, YOUR WIFE, JOAN, AND YOUR DAUGHTER KAREN, AGE 15, WERE AUTHORIZED TO TRAVEL FROM LONDONDERRY TO THE UNITED STATES UTILIZING GOVERNMENT TRANSPORTATION, AND WERE REQUESTED TO REPORT AT LONDON, ENGLAND, FOR AERIAL TRANSPORTATION TO THE UNITED STATES. BY ANOTHER AUTHORIZATION ISSUED BY THE SAME COMMAND, YOUR SON GREGORY WAS AUTHORIZED TO TRAVEL FROM LONDONDERRY VIA SHANNON, IRELAND, TO JOHN F. KENNEDY AIRPORT, NEW YORK.

THE RECORD SHOWS THAT TRANSPORTATION ABOARD MILITARY AIRLIFT COMMAND (MAC) AIRCRAFT WAS UNAVAILABLE. YOU, YOUR WIFE AND DAUGHTER, WERE ISSUED TRANSPORTATION REQUESTS FOR $24 EACH, FOR TRAVEL BY COMMERCIAL AIR FROM BELFAST TO LONDON, AND TRANSPORTATION REQUESTS FOR $108.90 EACH, FOR COMMERCIAL AIR TRAVEL FROM LONDON TO NEW YORK. YOUR SON WAS ISSUED A TRANSPORTATION REQUEST FOR $97 FOR COMMERCIAL AIR FROM SHANNON INTERNATIONAL AIRPORT TO NEW YORK CITY.

YOU AND YOUR FAMILY (EXCEPT YOUR SON) LEFT LONDONDERRY ON JULY 6, 1970, ARRIVED IN LONDON THE NEXT DAY AND DEPARTED FROM THERE ON JULY 10, 1970, LANDING IN NEW YORK ON THE SAME DAY AND ARRIVING AT UNITED STATES NAVAL BASE, NORFOLK, ON JULY 11, 1970. YOUR SON TRAVELED SEPARATELY TO THE UNITED STATES, AND LATER JOINED YOU IN VIRGINIA. AFTER VISITING YOUR HOME OF RECORD, ST. CHARLES, VIRGINIA, YOU AND YOUR ENTIRE FAMILY LEFT NORFOLK ON AUGUST 15, 1970, AND TRAVELED BY COMMERCIAL AIR VIA NEW YORK TO LONDON WHERE YOU ARRIVED ON THE NEXT DAY. THIS PERSONALLY PROCURED TRANSPORTATION COST $240.78 FOR YOU, $233.85 FOR YOUR WIFE, AND $231.52, EACH, FOR YOUR SON AND DAUGHTER. LATER, YOU LEFT LONDON AND ON SEPTEMBER 20, 1970, YOU RETURNED TO VIRGINIA WHERE YOU PRESENTLY RESIDE.

YOU MADE CLAIM FOR THE COST OF THE PERSONALLY PROCURED TRANSPORTATION FROM NORFOLK TO LONDON, AND ALSO FOR $60 REIMBURSEMENT FOR YOUR SON'S TRAVEL FROM NEW YORK TO BRISTOL, VIRGINIA.

BY SETTLEMENT DATED MAY 4, 1971, YOU WERE ALLOWED A CREDIT OF $61.66 FOR YOUR PERSONAL TRAVEL. NO REIMBURSEMENT WAS AUTHORIZED FOR FAMILY TRAVEL. INSTEAD, AN OVERPAYMENT TOTALING $223.92 FOR TRAVEL OF YOUR WIFE AND DAUGHTER, AND AN OVERPAYMENT OF $86.53 BECAUSE OF YOUR SON'S TRAVEL, WERE REPORTED FOR COLLECTION TO THE NAVY REGIONAL FINANCE CENTER, WASHINGTON, D.C.

YOU SAY THAT SINCE YOU PERFORMED TRAVEL TO THE UNITED STATES UNDER ORDERS AND THEN WENT TO LONDON, ENGLAND, YOUR HOME OF SELECTION UPON TRANSFER TO THE FLEET RESERVE, WITH THE HONEST INTENTION OF REMAINING IN LONDON, YOU SHOULD BE REIMBURSED FOR THE TRAVEL EXPENSES CLAIMED, AND THAT NO OVERPAYMENT SHOULD BE CHARGED TO YOU.

THE CONTROLLING STATUTORY PROVISION, 37 U.S.C. 404, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM HIS LAST DUTY STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. IT PROVIDES FURTHER THAT A MEMBER MAY SELECT HIS HOME FOR THE PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THIS SECTION.

REGULATIONS ISSUED PURSUANT TO THAT STATUTORY AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH M1150-3B OF THE REGULATIONS PROVIDES THAT THE TERM "HOME OF SELECTION" AS USED IN THE REGULATIONS, MEANS A PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE). PARAGRAPH M4158-1A PROVIDES THAT A MEMBER OTHERWISE ELIGIBLE UPON TRANSFER TO THE FLEET RESERVE MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES FROM HIS LAST DUTY STATION TO SUCH HOME. FURTHER PROVIDES THAT A MEMBER WHO, UNDER THE PROVISIONS OF THIS SUBPARAGRAPH IS AUTHORIZED, AS DISTINGUISHED FROM DIRECTED, TO TRAVEL FROM HIS LAST PERMANENT DUTY STATION TO A PROCESSING STATION OF HIS OWN CHOICE AND FOR HIS OWN CONVENIENCE, AND FROM SUCH PROCESSING STATION TO THE HOME OF SELECTION, WILL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES TO WHICH THE MEMBER WOULD HAVE BEEN ENTITLED HAD HE BEEN ORDERED TO THE APPROPRIATE PROCESSING STATION PRESCRIBED BY SERVICE REGULATIONS AND RETIRED OR RELEASED TO INACTIVE DUTY THEREAT.

THE ENDORSEMENT TO YOUR ORDERS OF JUNE 30, 1970, IN ACCORD WITH PARAGRAPH M4158-1A, AUTHORIZED TRAVEL TO NAVAL STATION, NORFOLK, VIRGINIA, INSTEAD OF TO THE SEPARATION ACTIVITY NEAREST TO THE PORT OF DEBARKATION WITH THE STATED UNDERSTANDING THAT YOU WOULD BEAR THE EXPENSE OF ADDITIONAL TRAVEL TO AND FROM NORFOLK. CONSEQUENTLY, AS THE NEAREST SEPARATION CENTER WAS LOCATED IN THE NEW YORK CITY AREA, AS WAS THE PORT OF DEBARKATION, YOU WERE NOT ENTITLED TO TRAVEL ALLOWANCE FROM NEW YORK TO VIRGINIA, NOR FROM THERE TO NEW YORK. YOU WERE, HOWEVER, ENTITLED TO MILEAGE ALLOWANCE FOR THE DISTANCE FROM NEW YORK TO MCGUIRE AIR FORCE BASE, NEW JERSEY, THE MILITARY AERIAL PORT OF EMBARKATION FOR LONDON, ENGLAND.

PARAGRAPH M4159-1 OF THE REGULATIONS PROVIDES THAT A MEMBER TRAVELING UNDER PERMANENT CHANGE OF STATION ORDERS INCLUDING RELIEF FROM ACTIVE DUTY TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES, WHICH ORDERS DO NOT SPECIFY GROUP TRAVEL OR DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, WILL BE ENTITLED TO TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, OTHERWISE GOVERNMENT PROCURED TRANSPORTATION OR REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE FOR THE TRANSOCEANIC TRAVEL INVOLVED.

PARAGRAPH M4159-4A STATES THAT WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE AND TRAVEL BY GOVERNMENT TRANSPORTATION IS AUTHORIZED (AS DISTINGUISHED FROM DIRECTED) AND THE MEMBER PERFORMS TRANSOCEANIC TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR 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.

SINCE YOU UTILIZED PERSONALLY PROCURED COMMERCIAL AIR FOR TRAVEL FROM NEW YORK TO LONDON, ALTHOUGH THERE IS NO INDICATION THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FROM MCGUIRE AIR FORCE BASE TO MILDENHALL, ENGLAND, YOUR ENTITLEMENT FOR YOUR TRANSOCEANIC TRAVEL IS LIMITED TO $75, THE COST TO THE NAVY FOR SUCH TRAVEL. ADDITIONALLY, YOU WERE ENTITLED TO MILEAGE FROM MILDENHALL TO LONDON. SEE DECISION B 173250, JUNE 30, 1971, COPY ENCLOSED.

WITH RESPECT TO THE TRANSPORTATION FURNISHED TO THE UNITED STATES, PARAGRAPH M4159-1(1) OF THE REGULATIONS PROVIDES AN ALLOWANCE FOR A MEMBER'S TRAVEL FOR THE OFFICIAL DISTANCE BETWEEN THE OLD PERMANENT STATION AND THE APPROPRIATE AERIAL OR WATER PORT OF EMBARKATION SERVING THE OLD DUTY STATION. BY LETTER OF SEPTEMBER 8, 1970, THE COMMANDER, UNITED STATES NAVAL ACTIVITIES, UNITED KINGDOM, STATED THAT THE OFFICIAL ROUTING FROM LONDONDERRY TO THE UNITED STATES WAS FROM SHANNON AIRPORT, AND NOT FROM LONDON. THE FIRST ENDORSEMENT TO THAT LETTER, DATED SEPTEMBER 30, 1970, BY THE COMMANDING OFFICER, UNITED STATES NAVAL COMMUNICATION STATION, LONDONDERRY, STATED THAT COMMERCIAL TRANSPORTATION TO LONDON HAD BEEN FURNISHED IN ERROR.

THEREFORE, IT IS CLEAR THAT YOU WERE ONLY ENTITLED TO TRANSPORTATION FROM LONDONDERRY TO SHANNON AND FROM SHANNON TO NEW YORK CITY, AND NOT TO TRANSPORTATION FROM LONDONDERRY TO LONDON AND FROM THERE TO NEW YORK CITY. ACCORDINGLY, THE DIFFERENCE IN COST WAS PROPERLY CONSIDERED AN OVERPAYMENT, AND DEDUCTED FROM AMOUNTS OTHERWISE DUE YOU AS TRANSPORTATION ALLOWANCES FOR YOUR PERSONAL TRAVEL.

IN REGARD TO DEPENDENTS' TRAVEL, PARAGRAPH M7010-1A OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS TRANSFERRED TO THE FLEET RESERVE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM HIS LAST PERMANENT DUTY STATION, OR THE PLACE TO WHICH THEY WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO THE HOME SELECTED BY THE MEMBER FOR ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIS TRAVEL.

PARAGRAPH M7000 PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED, EXCEPT FOR ANY TRAVEL OF DEPENDENTS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE. TRAVEL EXPENSES OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE AS AUTHORIZED MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. (PAR. M7000-12).

YOUR RELEASE FROM ACTIVE DUTY ORDERS, DATED JULY 14, 1970, CONFIRM THAT FOR THE PURPOSE OF ESTABLISHING ENTITLEMENT TO TRANSPORTATION OF YOUR DEPENDENTS YOUR LAST PERMANENT STATION WAS AT LONDONDERRY, AND THE ORDER CONTAINS YOUR CERTIFICATION OF YOUR SELECTION OF LONDON, ENGLAND, AS YOUR HOME UPON TRANSFER TO THE FLEET RESERVE. ADDITIONALLY, YOUR CORRESPONDENCE INDICATES THAT IT WAS YOUR INTENTION TO MAKE LONDON YOUR HOME AND THAT YOU TRAVELED THERE FOR THAT PURPOSE IN AUGUST 1970.

IT APPEARS CLEAR THAT GOVERNMENT PAYMENT OR REIMBURSEMENT FOR TRAVEL OF YOUR WIFE AND DAUGHTER FROM LONDONDERRY TO LONDON IS LIMITED TO THE DISTANCE BETWEEN THESE CITIES, AND THAT IN ACCORD WITH PARAGRAPH M7000 12 OF THE REGULATIONS THERE IS NO AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF THE COST OF ANY CIRCUITOUS TRAVEL VIA THE UNITED STATES.

AS YOU WERE REQUIRED TO TRAVEL FROM YOUR STATION IN NORTHERN IRELAND TO A SEPARATION FACILITY IN THE UNITED STATES FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, THIS ASSIGNMENT CLEARLY DID NOT CONSTITUTE A PERMANENT CHANGE OF STATION FOR WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED. THERE IS NO AUTHORITY FOR DEPENDENT TRAVEL TO A SEPARATION FACILITY. IT APPEARS THAT GOVERNMENT PROCURED TRANSPORTATION WAS AFFORDED TO YOUR DEPENDENTS FOR TRAVEL FROM LONDONDERRY TO NEW YORK FOR THE REASON THAT YOUR TRANSFER ORDERS INDICATED THAT AFTER SEPARATION PROCESSING YOU WOULD PROCEED TO YOUR HOME OF RECORD, ST. CHARLES, VIRGINIA, AND SELECT THAT PLACE AS YOUR HOME.

IN YOUR PRESENT LETTER YOU SAY YOU WERE ADVISED BY MEDICAL AUTHORITIES THAT REGARDLESS OF WHERE YOU MADE YOUR HOME YOU SHOULD RETURN TO THE UNITED STATES FOR POSITIVE NOTATION OF YOUR DISABILITIES SO YOU COULD FILE A CLAIM WITH THE VETERANS ADMINISTRATION. SUCH ADVICE, HOWEVER, WOULD NOT AFFORD A BASIS FOR TRANSPORTATION OF YOUR DEPENDENTS TO THE UNITED STATES. HAD YOU SELECTED ST. CHARLES AS YOUR HOME UPON TRANSFER TO THE FLEET RESERVE, DEPENDENT TRAVEL THERE FROM LONDONDERRY WOULD HAVE BEEN TRAVEL TO THE HOME OF SELECTION. HOWEVER, AS YOU CHOSE LONDON AS YOUR HOME, TRAVEL TO VIRGINIA WAS NOT TRAVEL TO THE HOME OF YOUR SELECTION. SEE DECISION B-158147, JANUARY 20, 1966, COPY ENCLOSED. THEREFORE, THE CLAIMS DIVISION ACTION WHICH REPORTED AN OVERPAYMENT FOR THE DIFFERENCE BETWEEN THE COST OF TRANSPORTATION REQUESTS FURNISHED FOR YOUR WIFE AND DAUGHTER FROM BELFAST TO LONDON AND FROM THERE TO NEW YORK CITY, AND MILEAGE FROM LONDONDERRY TO LONDON, AS WELL AS DENIAL OF PAYMENT FOR THEIR AIR TRANSPORTATION FROM NORFOLK, VIRGINIA, TO LONDON, WAS PROPER.

SIMILARLY, YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR YOUR SON'S TRANSPORTATION FROM NEW YORK TO BRISTOL, VIRGINIA, OR FROM NORFOLK, VIRGINIA, TO LONDON, ENGLAND. NOR IS THERE ENTITLEMENT TO GOVERNMENT PROCURED TRANSPORTATION AFFORDED YOUR SON FOR TRAVEL FROM LONDONDERRY TO NEW YORK. YOU SAY THAT YOUR SON WAS AGE 18 AND WENT TO THE UNITED STATES FOR THE PURPOSE OF TAKING A COLLEGE ENTRANCE EXAMINATION. EVEN WHERE STUDENT DEPENDENTS ARE PERMITTED TO TRAVEL ON MAC AIRCRAFT, IT IS ON A SPACE-AVAILABLE BASIS, AND IN THE EVENT THERE IS NO SPACE FOR SUCH PASSENGERS, THERE IS NO AUTHORITY TO FURNISH COMMERCIAL AIR (CATEGORY Z) AT GOVERNMENT EXPENSE. ACCORDINGLY, AN OVERPAYMENT RESULTED FOR THE DIFFERENCE BETWEEN THE COST OF THE TRANSPORTATION REQUEST FURNISHED FOR YOUR SON'S TRAVEL TO NEW YORK, AND MILEAGE FROM LONDONDERRY TO LONDON, COMPUTED AT $0.03 PER MILE.

IN YOUR LETTER OF MAY 31, 1971, YOU EXPRESS THE BELIEF THAT ALLOWANCE FOR SUCH TRAVEL SHOULD BE COMPUTED AT $0.06 PER MILE. PARAGRAPH M7003 2(1) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR DEPENDENTS WILL BE $0.06 PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER, NOT TO EXCEED TWO SUCH DEPENDENTS; AND $0.03 PER MILE FOR EACH ADDITIONAL DEPENDENT 12 YEARS OF AGE OR OVER. THE ALLOWANCE WAS CREDITED FOR YOUR WIFE AND DAUGHTER AT THE $0.06 PER MILE RATE, THE ALLOWANCE FOR YOUR SON IS PROPERLY COMPUTED AT THE RATE OF $0.03 PER MILE.

YOU HAVE INDICATED THAT YOU WERE INFORMED THAT IF YOU AND YOUR FAMILY PERFORMED TRAVEL AT PERSONAL EXPENSE FROM NORFOLK TO LONDON YOU WOULD RECEIVE FULL REIMBURSEMENT FOR SUCH TRAVEL. THIS INFORMATION WAS ERRONEOUS AND ALSO, IT APPEARS THAT THERE WAS ERROR IN THE AUTHORIZATION OF TRAVEL FOR YOU AND YOUR DEPENDENTS FROM LONDONDERRY TO NEW YORK. SUCH CIRCUMSTANCES, THOUGH REGRETTABLE, IN OUR OPINION DO NOT PROVIDE A BASIS FOR GOVERNMENT TRANSPORTATION IN THE ABSENCE OF LEGAL AUTHORITY THEREFOR.

UPON REVIEW, THE ACTION TAKEN BY THE CLAIMS DIVISION REGARDING YOUR CLAIM FOR REIMBURSEMENT FOR PERSONALLY PROCURED TRAVEL OF YOURSELF AND DEPENDENTS, AND IN REPORTING OF OVERPAYMENTS OF $223.92 AND $86.53 TO THE NAVY REGIONAL FINANCE CENTER, WASHINGTON, D.C., FOR COLLECTION, IS SUSTAINED.