B-173922(2), NOV 16, 1971

B-173922(2): Nov 16, 1971

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WHERE HE WAS VISITING HIS FATHER. CLAIMANT'S ORDERS WERE CANCELLED AND HE WAS ISSUED NEW ORDERS TO RETURN TO HIS PERMANENT DUTY STATION WHEN ABLE. PAYMENT FOR ROUND TRIP TRAVEL FROM PHILADELPHIA TO MISSOULA AND RETURN AT GOVERNMENT EXPENSE IS NOT AUTHORIZED. AS PRIMARY PURPOSE OF THE TRAVEL WAS OFFICIAL BUSINESS. CLAIMANT IS ENTITLED TO AN ALLOWANCE FOR OUTWARD TRAVEL TO A POINT ON A DIRECT ROUTE TO FIRST PLACE OF TEMPORARY DUTY EQUIVALENT TO A DISTANCE BETWEEN PHILADELPHIA AND MISSOULA. TO NAVY REGIONAL FINANCE CENTER: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 10. WHICH WAS THE SUBJECT OF A SETTLEMENT OF OUR CLAIMS DIVISION TO THE MEMBER DATED JULY 15. COPY OF THAT CERTIFICATE OF SETTLEMENT WAS SUBMITTED TO YOUR OFFICE BY LETTER ON THE SAME DATE.

B-173922(2), NOV 16, 1971

MILITARY PERSONNEL - TRAVEL EXPENSES - ENTITLEMENT TO REIMBURSEMENT DECISION CONCERNING PAYMENT TO CAPTAIN R. C. O'LOUGHLIN, S.C., U.S.N. OF EXPENSES INCURRED IN PERFORMANCE OF TRAVEL FROM HIS PERMANENT DUTY STATION IN PHILADELPHIA, PA., UNDER ORDERS TO PROCEED TO CALIFORNIA FOR TEMPORARY DUTY AND RETURN WITH DELAY IN ROUTE FOR 3 DAYS LEAVE IN MISSOULA, MONTANA. WHILE IN ROUTE AND AT MISSOULA, WHERE HE WAS VISITING HIS FATHER, CLAIMANT BECAME ILL. ON REPORTING TO HIS COMMAND, CLAIMANT'S ORDERS WERE CANCELLED AND HE WAS ISSUED NEW ORDERS TO RETURN TO HIS PERMANENT DUTY STATION WHEN ABLE. PAYMENT FOR ROUND TRIP TRAVEL FROM PHILADELPHIA TO MISSOULA AND RETURN AT GOVERNMENT EXPENSE IS NOT AUTHORIZED. HOWEVER, AS PRIMARY PURPOSE OF THE TRAVEL WAS OFFICIAL BUSINESS, CLAIMANT IS ENTITLED TO AN ALLOWANCE FOR OUTWARD TRAVEL TO A POINT ON A DIRECT ROUTE TO FIRST PLACE OF TEMPORARY DUTY EQUIVALENT TO A DISTANCE BETWEEN PHILADELPHIA AND MISSOULA.

TO NAVY REGIONAL FINANCE CENTER:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 10, 1970 (FILE REFERENCE FP30(HNR:CC), 4650(0)), CONCERNING THE TRAVEL CLAIM OF CAPTAIN RICHARD C. O'LOUGHLIN, SC, USN, 370554, WHICH WAS THE SUBJECT OF A SETTLEMENT OF OUR CLAIMS DIVISION TO THE MEMBER DATED JULY 15, 1971. COPY OF THAT CERTIFICATE OF SETTLEMENT WAS SUBMITTED TO YOUR OFFICE BY LETTER ON THE SAME DATE.

THIS CLAIM HAS RECENTLY BEEN RESUBMITTED BY CAPTAIN O'LOUGHLIN TO THIS OFFICE FOR RECONSIDERATION. WE ARE ENCLOSING A COPY OF OUR DECISION DATED TODAY, B-173922, IN WHICH WE CONCLUDED THAT HE IS NOT CHARGEABLE WITH THE COST OF THE OUT-BOUND PORTION OF HIS JOURNEY TO MISSOULA, MONTANA, SINCE THE FACTS BEFORE US INDICATE THAT THE PRIMARY PURPOSE FOR THE TRIP WAS OFFICIAL BUSINESS AND THE TRAVEL TO MISSOULA WOULD NOT HAVE BEEN PERFORMED EXCEPT FOR THE TEMPORARY DUTY ASSIGNMENT EVEN THOUGH HIS EARLY DEPARTURE WAS FOR LEAVE PURPOSES.

ACCORDINGLY, THE INDEBTEDNESS OF CAPTAIN O'LOUGHLIN SHOULD BE ADJUSTED ON THE FOREGOING BASIS. SINCE THE REFUND OF $155.95, WHICH APPEARS TO HAVE BEEN OBTAINED FROM THE CARRIER INCLUDES THE SUM OF $69.30 WHICH THE OFFICER PAID AS THE ADDITIONAL COST FOR THE CIRCUITOUS TRAVEL, HE SHOULD BE CREDITED WITH THAT AMOUNT IN COMPUTING HIS INDEBTEDNESS FOR THE RETURN TRANSPORTATION FROM MISSOULA. ALSO, HE SHOULD BE CREDITED WITH ANY PER DIEM OTHERWISE DUE AND UNPAID FOR THE PERIOD OF TRAVEL FROM PHILADELPHIA TO MISSOULA AND WITH ANY MISCELLANEOUS REIMBURSABLE EXPENSES IN CONNECTION WITH THAT TRAVEL.