B-175397, SEP 12, 1972

B-175397: Sep 12, 1972

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WHEN LAND TRAVEL FOR PERMANENT CHANGE OF STATION IS PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT MEANS. WHEN A CIRCUITOUS ROUTING IS MADE. PARAGRAPH M4154 SHOULD NOT BE APPLIED SINCE ITS PROVISIONS ARE ONLY FOR APPLICATION TO MIXED MODES OF TRAVEL IN THE DIRECTION REQUIRED BY ORDERS. WAS DIRECTED BY SPECIAL ORDER NO. DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AT LEVANT. YOU WERE TO REPORT AT FORT RITCHIE NOT LATER THAN FEBRUARY 1. CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO DAUGHTERS) WAS AUTHORIZED. WHILE THE ORDER DOES NOT MENTION SHIPMENT OF A PRIVATELY OWNED VEHICLE IT APPEARS THAT YOUR AUTOMOBILE WAS SHIPPED FROM YOUR LAST DUTY STATION IN HAWAII TO SAN FRANCISCO. IT WAS DISCOVERED THERE WAS AN OVER BOOKING FOR THE FLIGHT.

B-175397, SEP 12, 1972

MILITARY PERSONNEL - TRAVEL EXPENSES - MIXED MODES - CIRCUITOUS ROUTING DECISION ALLOWING THE CLAIM OF MAJOR FREDERICK M. CLEMENT FOR ADJUSTMENT OF THE SETTLEMENT OF TRAVEL EXPENSES INCURRED BY HIMSELF AND HIS DEPENDENTS USING MIXED MODES OF TRANSPORTATION FROM LOS ANGELES, CALIF., TO FT. RITCHIE, MD. WHEN LAND TRAVEL FOR PERMANENT CHANGE OF STATION IS PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT MEANS, PARAGRAPH M4154, JTR, NORMALLY APPLIES. HOWEVER, WHEN A CIRCUITOUS ROUTING IS MADE, NOT BY REQUEST, BUT DUE TO OVERBOOKING OF A GOVERNMENT FLIGHT AND THE FACT THAT THE GOVERNMENT SENT THE CLAIMANT'S PRIVATELY-OWNED VEHICLE TO TRAVIS AFB, PARAGRAPH M4154 SHOULD NOT BE APPLIED SINCE ITS PROVISIONS ARE ONLY FOR APPLICATION TO MIXED MODES OF TRAVEL IN THE DIRECTION REQUIRED BY ORDERS. INSTEAD, CLAIMANT SHOULD RECEIVE NORMAL MILEAGE EXPENSES FROM TRAVIS TO FT. RITCHIE, LESS THE AMOUNT ALREADY PAID, PLUS TRANSPORTATION COSTS ACTUALLY INCURRED BY CLAIMANT WHILE TRAVELING FROM LOS ANGELES TO TRAVIS.

TO MAJOR FREDERICK M. CLEMENT:

WE AGAIN REFER TO YOUR LETTER OF RECENT DATE REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT DATED FEBRUARY 16, 1972, WHICH DISALLOWED YOUR CLAIM FOR VARIOUS ITEMS INCIDENT TO A PERMANENT CHANGE OF STATION FROM WHEELER AIR FORCE BASE, HAWAII, TO FORT RITCHIE, MARYLAND.

YOUR TRANSFER FROM HAWAII TO FORT RITCHIE, MARYLAND, WAS DIRECTED BY SPECIAL ORDER NO. AB-5747, DATED DECEMBER 22, 1970. DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED AT LEVANT, MAINE, AND YOU WERE TO REPORT AT FORT RITCHIE NOT LATER THAN FEBRUARY 1, 1971. CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO DAUGHTERS) WAS AUTHORIZED. WHILE THE ORDER DOES NOT MENTION SHIPMENT OF A PRIVATELY OWNED VEHICLE IT APPEARS THAT YOUR AUTOMOBILE WAS SHIPPED FROM YOUR LAST DUTY STATION IN HAWAII TO SAN FRANCISCO, CALIFORNIA.

THE RECORD SHOWS THAT WHEN YOU AND YOUR FAMILY REPORTED TO HICKAM AIR FORCE BASE, HAWAII, FOR MAC TRANSPORTATION TO SAN FRANCISCO AS DIRECTED BY THE TRANSPORTATION OFFICE, IT WAS DISCOVERED THERE WAS AN OVER BOOKING FOR THE FLIGHT. WHEN YOU REQUESTED PERMISSION TO REMAIN IN HAWAII FOR A WHILE IN A TEMPORARY LODGING ALLOWANCE STATUS YOUR REQUEST WAS DENIED. INSTEAD, TRANSPORTATION REQUESTS WERE ISSUED FOR YOU AND YOUR FAMILY TO TRAVEL BY UNITED AIRLINES TO LOS ANGELES, CALIFORNIA. WHEN YOU EXPLAINED THAT YOUR AUTOMOBILE HAD BEEN SHIPPED TO SAN FRANCISCO AND WAS WAITING AT TRAVIS AIR FORCE BASE YOU WERE ISSUED A TRANSPORTATION REQUEST FOR CONNECTING AIR TRAVEL FOR YOU AND YOUR DEPENDENTS FROM LOS ANGELES TO SAN FRANCISCO. THE COST OF THE LATTER TRANSPORTATION WAS $64.80.

UPON ARRIVAL IN SAN FRANCISCO YOU PURCHASED BUS TRANSPORTATION FOR YOURSELF AND FAMILY AT A COST OF $14 FOR TRAVEL TO TRAVIS AIR FORCE BASE. THE REMAINDER OF YOUR JOURNEY TO FORT RITCHIE WAS BY PRIVATELY OWNED VEHICLE. YOU DEPARTED WHEELER AIR FORCE BASE ON JANUARY 5 AND ARRIVED AT FORT RITCHIE ON JANUARY 30, 1971.

YOU WERE PAID $324.15 FOR TRAVEL OF YOUR DEPENDENTS BASED ON $0.15 PER MILE FOR 2,161 MILES REPRESENTING THE DISTANCE FROM LOS ANGELES TO FORT RITCHIE (2,583 MILES) LESS THE DISTANCE FROM LOS ANGELES TO SAN FRANCISCO (422 MILES) FOR WHICH TRANSPORTATION WAS FURNISHED. FOR YOUR OWN TRAVEL IT WAS CONCLUDED THAT YOU WERE ENTITLED TO $108.05 AS MILEAGE BASED ON 2,161 MILES AT $0.05 PER MILE REPRESENTING THE DISTANCE FROM LOS ANGELES TO FORT RITCHIE (2,583 MILES) LESS THE DISTANCE FROM LOS ANGELES TO SAN FRANCISCO (422 MILES) FOR WHICH TRANSPORTATION WAS FURNISHED, PLUS $16.85 AS PER DIEM FOR 1 3/4 DAYS OR A TOTAL OF $124.90. SINCE YOU HAD BEEN GIVEN A TRAVEL ADVANCE OF $162.48 IT WAS CONCLUDED THAT YOU OWED THE DIFFERENCE ($162.48 LESS $124.90) OR $37.58, WHICH AMOUNT WAS COLLECTED FROM YOU.

YOUR CLAIM AS TRANSMITTED TO THIS OFFICE BY THE AIR FORCE WAS FOR REFUND OF THE AMOUNT OF $37.58 COLLECTED FROM YOU PLUS $14 REPRESENTING FOUR BUS FARES AT $3.50. SUBSEQUENTLY YOU ADVISED US THAT THE AMOUNT OF "$37.50" SHOULD READ "$150" TO INCLUDE YOUR DEPENDENTS.

IN THE SETTLEMENT OF FEBRUARY 16, 1972, IT WAS EXPLAINED THAT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 5, SECTION B, AIR FORCE MANUAL 177-103 AND PARAGRAPHS M4154-1, 2 AND 3 OF THE JOINT TRAVEL REGULATIONS YOU WERE PLACED IN A MIXED TRAVEL STATUS WHEN YOU AND YOUR DEPENDENTS USED THE TRANSPORTATION REQUESTS FOR TRAVEL FROM LOS ANGELES TO SAN FRANCISCO AND, THEREFORE, THE DISTANCE OF 422 MILES WAS PROPERLY DEDUCTED FROM THE HIGHWAY DISTANCE OF 2,583 MILES FROM LOS ANGELES TO FORT RITCHIE.

WITH RESPECT TO MIXED TRAVEL, PARAGRAPH M4154-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN LAND TRAVEL ON A PERMANENT CHANGE OF STATION IS PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT MEANS, REIMBURSEMENT WILL BE IN ACCORDANCE WITH SUBPARAGRAPH 2. RULE 1 UNDER THE LATTER SUBPARAGRAPH PROVIDES THAT WHEN A TRANSPORTATION REQUEST IS USED FOR LESS THAN THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL AND GOVERNMENT CONVEYANCE IS NOT USED FOR A PORTION OF THE JOURNEY, MILEAGE IS PAYABLE FOR THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL LESS THE OFFICIAL DISTANCE THAT THE TRANSPORTATION REQUEST WAS USED. THAT IS THE BASIS ON WHICH TRAVEL ALLOWANCES WERE COMPUTED IN YOUR CASE.

IN YOUR PRESENT LETTER YOU SAY THAT THE TRIP TO SAN FRANCISCO FROM LOS ANGELES WOULD BE A DETOUR AND SHOULD BE SUBTRACTED IF LOS ANGELES WERE THE TRUE PORT OF ENTRY FOR COMPUTATION PURPOSES. YOU CONTEND, HOWEVER, THAT SINCE THE GOVERNMENT HAD SENT YOUR PRIVATELY-OWNED VEHICLE TO SAN FRANCISCO, THE PLACE FROM WHERE YOU WERE TO PROCEED TO YOUR NEXT STATION, THE GOVERNMENT ASSUMED AN OBLIGATION TO FLY YOU AND YOUR FAMILY TO THAT CITY. YOU SAY THAT THIS WAS RECOGNIZED BY THE ISSUANCE OF THE TRANSPORTATION REQUEST FOR THE TRAVEL FROM LOS ANGELES TO SAN FRANCISCO AND THAT YOU ACCEPTED THIS ROUTING FOR THE CONVENIENCE OF THE GOVERNMENT.

IT IS ADMINISTRATIVELY REPORTED THAT YOU "DID NOT REQUEST THE CIRCUITOUS ROUTING, IT WAS DONE BECAUSE OF OVER-BOOKING." IN VIEW THEREOF AND SINCE THE PROVISIONS OF PARAGRAPH M4154 OF THE JOINT TRAVEL REGULATIONS ARE FOR APPLICATION TO MIXED MODES OF TRAVEL IN THE DIRECTION REQUIRED BY ORDERS, WE DO NOT BELIEVE IT SHOULD BE APPLIED TO YOUR CASE. ACCORDINGLY, IT IS CONCLUDED THAT YOU ARE ENTITLED TO MILEAGE FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS FROM TRAVIS AIR FORCE BASE TO FORT RITCHIE, LESS THE AMOUNT PAID FOR TRAVEL FROM LOS ANGELES TO FORT RITCHIE. ALSO, IN VIEW OF THE CIRCUMSTANCES SURROUNDING THE TRAVEL, THE COST OF BUS TRANSPORTATION FOR TRAVEL BETWEEN SAN FRANCISCO AND TRAVIS AIR FORCE BASE IS FOR ALLOWANCE. A SETTLEMENT FOR THE AMOUNT ON THAT BASIS WILL ISSUE IN DUE COURSE.