B-182918, MAR 6, 1975

B-182918: Mar 6, 1975

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MEMBER WHO IS DIRECTED TO REPORT TO AN AIR FORCE BASE TO BE TRANSPORTED BY MILITARY AIR TO ANOTHER LOCATION IN CONNECTION WITH HIS ANNUAL TOUR OF ACTIVE DUTY BUT WHO TRAVELED TO THAT LOCATION BY POV. MEMBER WHO IS DIRECTED TO REPORT TO AN AIR FORCE BASE TO BE TRANSPORTED BY MILITARY AIR TO ANOTHER LOCATION IN CONNECTION WITH HIS ANNUAL TOUR OF ACTIVE DUTY BUT WHO TRAVELS TO THAT LOCATION BY POV. ONLY WHERE THE POV ACTUALLY IS DRIVEN BETWEEN SUCH POINTS. USAFR: THIS ACTION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION FROM THE ACCOUNTING AND FINANCE OFFICER. WHICH WAS RECEIVED FROM THE PER DIEM. WAS DIRECTED BY A RESERVE ORDER DATED JUNE 2. HE WAS DIRECTED TO REPORT TO GRISSOM AIR FORCE BASE (AFB).

B-182918, MAR 6, 1975

1. MEMBER WHO IS DIRECTED TO REPORT TO AN AIR FORCE BASE TO BE TRANSPORTED BY MILITARY AIR TO ANOTHER LOCATION IN CONNECTION WITH HIS ANNUAL TOUR OF ACTIVE DUTY BUT WHO TRAVELED TO THAT LOCATION BY POV, INSTEAD, MAY NOT BE REIMBURSED FOR SUCH TRAVEL AS HE DID NOT COMPLY WITH HIS ORDERS WHICH DIRECTED THE USE OF MILITARY AIR. SEE 1 JTR, PARA. M4150 -2, ITEM 2. 2. MEMBER WHO IS DIRECTED TO REPORT TO AN AIR FORCE BASE TO BE TRANSPORTED BY MILITARY AIR TO ANOTHER LOCATION IN CONNECTION WITH HIS ANNUAL TOUR OF ACTIVE DUTY BUT WHO TRAVELS TO THAT LOCATION BY POV, INSTEAD, MAY NOT BE REIMBURSED FOR SUCH TRAVEL ON THE BASIS OF TRAVEL BETWEEN HIS HOME AND THE AIR FORCE BASE WHICH SERVED AS THE TERMINAL FOR THE DIRECTED MILITARY AIR TRANSPORTATION, SINCE PARA. M4401-2, 1 JTR, PROVIDES FOR REIMBURSEMENT IN LIEU OF REIMBURSEMENT FOR PUBLIC TRANSPORTATION BETWEEN THE MEMBER'S HOME AND A CARRIER TERMINAL, ONLY WHERE THE POV ACTUALLY IS DRIVEN BETWEEN SUCH POINTS.

REIMBURSEMENT FOR USE OF POV - STAFF SERGEANT RICHARD C. DENZIO, USAFR:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION FROM THE ACCOUNTING AND FINANCE OFFICER, HEADQUARTERS 305TH COMBAT SUPPORT GROUP (SAC), DATED OCTOBER 7, 1974, WHICH WAS RECEIVED FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON DECEMBER 24, 1974. IT HAS BEEN ASSIGNED PDTATAC CONTROL NO. 74-49.

STAFF SERGEANT RICHARD C. DENZIO, USAFR, WAS DIRECTED BY A RESERVE ORDER DATED JUNE 2, 1974, TO PERFORM HIS ANNUAL ACTIVE DUTY TRAINING AT PHELPS/COLLINS AIRPORT, ALPENA, MICHIGAN. HE WAS DIRECTED TO REPORT TO GRISSOM AIR FORCE BASE (AFB), INDIANA, FOR TRANSPORTATION BY MILITARY AIRCRAFT TO HIS ULTIMATE DUTY STATION. THE REMARKS SECTION OF HIS ORDERS CONTAINED THE FOLLOWING STATEMENT: "POV PERMITTED AT NO EXPENSE TO THE GOVERNMENT." RATHER THAN USING THE ORDERED MODE OF TRANSPORTATION THE CLAIMANT DROVE DIRECTLY FROM HIS HOME IN INDIANAPOLIS, INDIANA, TO PHELPS/COLLINS AIRPORT, AND HE RETURNED HOME BY THE SAME ROUTE.

IN THIS REGARD IT IS STATED THAT IF THE MEMBER'S HOME HAD BEEN LANSING, MICHIGAN, THE COMPUTED COST FOR THE MEMBER'S ROUND-TRIP TRAVEL WOULD HAVE BEEN $34.24, AND THAT IF HE HAD DRIVEN HIS VEHICLE FROM HIS HOME TO GRISSOM AFB AND RETURN, INCIDENT TO THE DIRECTED MILITARY AIR TRANSPORTATION TO PHELPS/COLLINS AIRPORT, THE COST WOULD HAVE BEEN $40.08. IN SUCH CIRCUMSTANCES, THE QUESTION IS ASKED IF THE LESSER OF THE COMPUTED COSTS IS PROPER FOR PAYMENT, OR DOES THE FACT THAT THE DIRECTED MODE OF TRAVEL WAS NOT COMPLIED WITH NEGATE ENTIRELY THE MEMBER'S ENTITLEMENT TO REIMBURSEMENT. ADDITIONALLY, THE ACCOUNTING AND FINANCE OFFICER WISHES TO KNOW IF THE STATEMENT THAT "POV PERMITTED AT NO EXPENSE TO THE GOVERNMENT" CONTAINED IN THE MEMBER'S ORDER MAY BE INTERPRETED TO INDICATE THE INTENT OF THE ORDER-ISSUING AUTHORITY TO ALLOW THE MEMBER TO BE REIMBURSED FOR AN AMOUNT NOT TO EXCEED THE ROUND TRIP MILEAGE BETWEEN HIS HOME AND GRISSOM AFB, OR BETWEEN HIS HOME AND THE ENCAMPMENT SITE, WHICHEVER IS LESS.

IN INDORSING THE REQUEST FOR ADVANCE DECISION, THE EXECUTIVE, PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE EXPRESSED THE VIEW THAT STAFF SERGEANT DENZIO MAY NOT BE PAID A MILEAGE ALLOWANCE FROM HIS HOME TO GRISSOM AFB AND FROM GRISSOM AFB TO HIS HOME SINCE THE MEMBER TRAVELED THE ENTIRE DISTANCE BY A MODE OTHER THAN THAT DIRECTED IN HIS ORDERS. IN THIS CONNECTION, REFERENCE IS MADE TO PARA. M4150-2, ITEM 2, OF VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR). ADDITIONALLY, THE OPINION WAS EXPRESSED THAT THE STATEMENT REGARDING THE USE OF PRIVATELY OWNED VEHICLES (POV) MAY NOT PROVIDE A BASIS FOR PAYMENT OF A MILEAGE ALLOWANCE TO THE MEMBER.

SECTION 404, TITLE 37, U.S.C. (1970), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE SHALL BE ENTITLED TO RECEIVE ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. PARAGRAPH M4150-2, ITEM 2, 1 JTR, PROMULGATED PURSUANT THERETO, PROVIDES, HOWEVER, THAT WHERE TRAVEL IS DIRECTED (AND NOT MERELY AUTHORIZED) BY GOVERNMENT CONVEYANCE AND SUCH CONVEYANCE IS AVAILABLE, BUT THE TRAVEL IS PERFORMED BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, THEN PAYMENT OF MILEAGE, MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION, OR REIMBURSEMENT FOR THE ACTUAL COST OF TRANSPORTATION, IS NOT AUTHORIZED.

GENERALLY, THE PAYMENT OF TRANSPORTATION EXPENSES BETWEEN HOME AND A GOVERNMENT TRANSPORTATION TERMINAL IS AUTHORIZED. HOWEVER, PARA. M4401 2, ITEM 2, 1 JTR, SPECIFICALLY REQUIRES THAT IN ORDER TO BECOME ELIGIBLE FOR REIMBURSEMENT (NOT TO EXCEED THE USUAL COST OF TWO ONE-WAY TAXI FARES, INCLUDING ALLOWABLE TIPS TO AND FROM THE TERMINAL) FOR THE USE OF THE POV BETWEEN HOME OR DUTY STATION AND A TRANSPORTATION TERMINAL IT IS NECESSARY THAT THE POV BE "ACTUALLY DRIVEN *** BETWEEN HOME OR DUTY STATION AND A TRANSPORTATION TERMINAL ***."

STAFF SERGEANT DENZIO, WHOSE HOME WAS IN INDIANAPOLIS, WAS DIRECTED TO TRAVEL BY MILITARY AIR TO PHELPS/COLLINS AIRPORT, AND HE WAS ORDERED TO REPORT TO GRISSOM AFB FOR MILITARY AIRLIFT AND RETURN. THEREFORE, IN ACCORD WITH 1 JTR, PARA. M4150-2, ITEM 2, THE MEMBER IS NOT ENTITLED TO REIMBURSEMENT FOR TRAVEL FROM GRISSOM AFB TO OR FROM PHELPS/COLLINS AIRPORT. SEE 31 COMP. GEN. 572 (1952) AND DECISION B-145775, JULY 6, 1961.

PARAGRAPH M4401-2, ITEM 2, 1 JTR, PROVIDES THAT IN LIEU OF REIMBURSEMENT FOR PUBLIC TRANSPORTATION, REIMBURSEMENT MAY BE MADE WHERE A POV ACTUALLY IS DRIVEN BETWEEN A MEMBER'S HOME AND A CARRIER TERMINAL. CLEARLY, THERE IS NO PROVISION FOR REIMBURSEMENT FOR THE USE OF A POV ON A CONSTRUCTIVE BASIS IN THE ABSENCE OF UTILIZATION OF THE POV FOR TRAVEL BETWEEN THE MEMBER'S HOME AND A CARRIER TERMINAL. APPARENTLY, THE PURPOSE OF THE STATEMENT "POV PERMITTED AT NO EXPENSE TO THE GOVERNMENT" WAS TO MAKE CLEAR TO THE MEMBER THAT HE WOULD NOT BE REIMBURSED FOR USE OF HIS POV FOR TRAVEL FROM HIS HOME TO THE SITE OF HIS TRAINING DUTY TOUR.

CONSEQUENTLY, SERGEANT DENZIO IS NOT ENTITLED TO REIMBURSEMENT FOR THE USE OF HIS POV IN CONNECTION WITH HIS TRAINING DUTY AT PHELPS/COLLINS AIRPORT, ALPENA, MICHIGAN. THE QUESTIONS SUBMITTED ARE ANSWERED ACCORDINGLY.