B-195661.OM, JUL 8, 1980

B-195661.OM: Jul 8, 1980

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FGMSD - CLAIMS GROUP (ROOM 5858): RETURNED HEREWITH IS YOUR FILE Z-2594374 REGARDING CAPTAIN MCGLAUGHLIN'S CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRANSPORTATION EXPENSES IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION IN JANUARY 1975. CAPTAIN MCGLAUGHLIN WAS DIRECTED TO TRAVEL BY GOVERNMENT AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES WHERE AVAILABLE. OTHERWISE TRAVEL WAS DIRECTED TO BE PERFORMED BY COMMERCIAL AIRCRAFT. INCIDENT TO HIS CHANGE-OF-STATION TRAVEL CAPTAIN MCGLAUGHLIN WAS ISSUED A GOVERNMENT TRANSPORTATION REQUEST (GTR) FOR CATEGORY Z AIR TRAVEL FROM HONOLULU TO NEW YORK CITY. THE ROUTING OF THIS TRAVEL WAS AS FOLLOWS: HONOLULU-LOS ANGELES-SAN DIEGO-NEW YORK. THE PASSENGER'S COUPON ISSUED CAPTAIN MCGLAUGHLIN FOR THE CATEGORY Z TRAVEL FROM HONOLULU TO NEW YORK SHOWS THAT HE WAS TO CHANGE AIR CARRIERS IN LOS ANGELES FOR THE CONTINUATION OF HIS TRAVEL TO SAN DIEGO AND NEW YORK CITY.

B-195661.OM, JUL 8, 1980

SUBJECT: CAPTAIN T. H. MCGLAUGHLIN, USN - CLAIM FOR TRAVEL EXPENSES AND TAXI FARE, B-195661-O.M.

ASSOCIATE DIRECTOR, FGMSD - CLAIMS GROUP (ROOM 5858):

RETURNED HEREWITH IS YOUR FILE Z-2594374 REGARDING CAPTAIN MCGLAUGHLIN'S CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRANSPORTATION EXPENSES IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION IN JANUARY 1975, FROM HONOLULU, HAWAII, TO BROOKLYN, NEW YORK. IN ADDITION, HE HAS CLAIMED REIMBURSEMENT FOR TAXI FARE INCIDENT TO TEMPORARY DUTY TRAVEL HE PERFORMED ON FEBRUARY 2, 1976.

PERMANENT CHANGE OF STATION - HAWAII TO NEW YORK

THE RECORD SHOWS THAT BY TRAVEL ORDER DATED SEPTEMBER 20, 1974, CAPTAIN MCGLAUGHLIN WAS DIRECTED TO TRAVEL BY GOVERNMENT AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES WHERE AVAILABLE, OTHERWISE TRAVEL WAS DIRECTED TO BE PERFORMED BY COMMERCIAL AIRCRAFT. HIS TRAVEL ORDERS DID NOT DIRECT HIS MODE OR MANNER OF TRAVEL WITHIN THE CONTINENTAL UNITED STATES.

INCIDENT TO HIS CHANGE-OF-STATION TRAVEL CAPTAIN MCGLAUGHLIN WAS ISSUED A GOVERNMENT TRANSPORTATION REQUEST (GTR) FOR CATEGORY Z AIR TRAVEL FROM HONOLULU TO NEW YORK CITY. THE ROUTING OF THIS TRAVEL WAS AS FOLLOWS: HONOLULU-LOS ANGELES-SAN DIEGO-NEW YORK. THE PASSENGER'S COUPON ISSUED CAPTAIN MCGLAUGHLIN FOR THE CATEGORY Z TRAVEL FROM HONOLULU TO NEW YORK SHOWS THAT HE WAS TO CHANGE AIR CARRIERS IN LOS ANGELES FOR THE CONTINUATION OF HIS TRAVEL TO SAN DIEGO AND NEW YORK CITY. AS CAPTAIN MCGLAUGHLIN HAD BEEN AUTHORIZED 30 DAYS' LEAVE PRIOR TO REPORTING TO HIS NEW DUTY STATION HE ELECTED TO TRAVEL BY A CIRCUITOUS ROUTE FOR PERSONAL REASONS. UPON HIS ARRIVAL AT SAN DIEGO BY CATEGORY Z AIR TRAVEL, HE PURCHASED A TICKET FOR AIR TRAVEL FROM SAN DIEGO TO LOS ANGELES AND FROM THERE TO SAN FRANCISCO. HE PAID $31.21 IN CASH FOR THIS AIR TRAVEL.

THE VALUE OF THE CATEGORY Z COUPON ISSUED FOR THE AIR TRAVEL FROM HONOLULU TO NEW YORK WAS $290.58. AS THE CATEGORY Z FARE FROM HONOLULU TO SAN DIEGO WAS $123.73 UPON HIS ARRIVAL IN SAN DIEGO THE RESIDUAL VALUE OF THE COUPON WAS $166.85. BY APPLYING THE RESIDUAL VALUE OF THE CATEGORY Z COUPON AND BY ADDING CASH PAYMENTS IN THE AMOUNT OF $96.89, CAPTAIN MCGLAUGHLIN TRAVELED BY COMMERCIAL AIRLINES FROM SAN FRANCISCO TO DALLAS- FORT WORTH. HE THEN CONTINUED ON TO PITTSBURGH WHEREFROM HE PROCEEDED TO HIS NEW DUTY STATION IN NEW YORK. THE TOTAL COST OF THIS CIRCUITOUS AIR TRAVEL BY HIGHER RATE CATEGORY Y FARE FROM SAN DIEGO TO NEW YORK WAS $294.95.

CAPTAIN MCGLAUGHLIN NOW STATES, IN PART, THAT IN LIEU OF HAVING BEEN PROVIDED A GTR FOR TRAVEL TO HIS NEW DUTY STATION IN NEW YORK CITY, HE WAS ENTITLED TO HAVE ELECTED TO TRAVEL AT HIS OWN EXPENSE FROM THE WEST COAST TO NEW YORK CITY AND HAVE BEEN REIMBURSED THEREFOR. ACCORDINGLY, HE SEEKS ADDITIONAL REIMBURSEMENT FOR HIS PERMANENT CHANGE-OF-STATION TRAVEL. THE ALTERNATIVE, HE REQUESTS REIMBURSEMENT FOR THE DIFFERENCE BETWEEN CATEGORY Z AND CATEGORY Y FARE FOR DIRECT TRAVEL FROM SAN DIEGO TO NEW YORK. THE NAVY HAS NOT DISPUTED HIS STATEMENT THAT HE WAS NOT GIVEN THE OPPORTUNITY TO ELECT TO RECEIVE A TRAVEL ALLOWANCE IN LIEU OF THE GTR.

IN THE CERTIFICATE OF SETTLEMENT DATED OCTOBER 12, 1978, CAPTAIN MCGLAUGHLIN'S CLAIM WAS DENIED ON THE BASIS THAT HIS ENTITLEMENT TO REIMBURSEMENT WAS FIXED UPON COMPLETION OF HIS PERMANENT CHANGE OF STATION TRAVEL.

PARAGRAPH M4159 VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR), IN EFFECT AT THE TIME OF CAPTAIN MCGLAUGHLIN'S TRAVEL, PROVIDED, IN PERTINENT PART AS FOLLOWS:

"GENERAL. *** A MEMBER TRAVELING UNDER PERMANENT CHANGE-OF-STATION ORDERS (INCLUDING SEPARATION FROM THE SERVICE OR 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:

"3. THE ALLOWANCES PRESCRIBED IN PAR. M4150 OR M4154, AS APPLICABLE, FOR THE OFFICIAL DISTANCE BETWEEN THE APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION SERVING THE NEW STATION AND THE NEW PERMANENT STATION."

IN VIEW OF THE DEPARTMENT OF THE NAVY HAVING ISSUED A GTR FOR CATEGORY Z AIR TRAVEL FROM HONOLULU TO NEW YORK, WHICH TRAVEL INVOLVED A CHANGE OF AIR CARRIER IN LOS ANGELES, THE APPROPRIATE AERIAL PORT OF DEBARKATION SERVING THE MEMBER'S NEW DUTY STATION WOULD BE LOS ANGELES. IN VIEW OF PARAGRAPH M4150 OF THE JTR PROVIDING, IN PART, THAT A MEMBER MAY ELECT TO RECEIVE MILEAGE FOR PERMANENT CHANGE-OF STATION TRAVEL, PURSUANT TO PARAGRAPH M4159 OF THE JTR, CAPTAIN MCGLAUGHLIN WOULD BE ENTITLED TO ELECT THE PAYMENT OF A MILEAGE ALLOWANCE FROM THE LOS ANGELES INTERNATIONAL AIRPORT TO NEW YORK. THE MILEAGE ALLOWANCE PAYABLE IS SUBJECT TO SETOFF BY THE RESIDUAL VALUE OF THE COUPON FOR CATEGORY Z AIR FARE FROM LOS ANGELES TO NEW YORK.

CAPTAIN MCGLAUGHLIN'S CLAIM FOR ADDITIONAL REIMBURSEMENT FOR HIS PERMANENT CHANGE-OF-STATION TRAVEL MAY BE SETTLED IN ACCORDANCE WITH THE ABOVE.

TAXI FARE - TEMPORARY DUTY

CAPTAIN MCGLAUGHLIN HAS ALSO APPEALED THE DISALLOWANCE OF HIS CLAIM IN THE AMOUNT OF $25 FOR TAXI FARE HE INCURRED ON FEBRUARY 12, 1976, IN CONNECTION WITH TEMPORARY DUTY TRAVEL.

BY TRAVEL ORDER DATED JANUARY 30, 1976, HE WAS AUTHORIZED TO TRAVEL FROM NEW YORK CITY TO LITTLE CREEK, VIRGINIA, IN CONNECTION WITH A COMMAND INSPECTION OF THE U.S.N.S. ATAKAPA. THE TRAVEL ORDER STATED THAT HE WOULD BE IN TRAVEL STATUS FOR ABOUT 2 DAYS WITH A DEPARTURE ON FEBRUARY 2 AND AN ESTIMATED RETURN ON FEBRUARY 3.

ON THE MORNING OF FEBRUARY 2, 1976, HE TRAVELED BY TAXI FROM HIS PLACE OF RESIDENCE IN NEW YORK CITY TO HIS DUTY STATION, THE MILITARY OCEAN TERMINAL IN BAYONNE, NEW JERSEY, AT A COST OF $25. UPON HIS ARRIVAL AT LITTLE CREEK, VIRGINIA, THAT DAY, CAPTAIN MCGLAUGHLIN WAS INFORMED THAT DUE TO UNFORESEEN CIRCUMSTANCES THE ATAKAPA WAS NOT IN PORT AND HE RETURNED TO HIS OFFICIAL DUTY STATION THAT DAY.

THE CERTIFICATE OF SETTLEMENT DATED OCTOBER 12, 1978, DISALLOWED THE CLAIM FOR TAXI FARE ON THE BASIS THAT CAPTAIN MCGLAUGHLIN'S TEMPORARY DUTY DID NOT REQUIRE AT LEAST ONE NIGHT'S LODGING AS PROVIDED IN PARAGRAPH M4401, 1 JTR. THIS PARAGRAPH PROVIDES IN PERTINENT PART AS FOLLOWS:

"1. BY PUBLIC MEANS OF TRANSPORTATION. REIMBURSEMENT IS AUTHORIZED FOR THE USUAL TAXICAB, BUS, STREETCAR, SUBWAY, OR OTHER PUBLIC CARRIER FARES AS FOLLOWS:

"4. FROM PLACE OF ABODE TO PERMANENT DUTY STATION ON THE DAY THE MEMBER DEPARTS FROM HIS PERMANENT DUTY STATION ON TEMPORARY DUTY REQUIRING AT LEAST ONE NIGHT'S LODGING AND FROM PERMANENT DUTY STATION TO PLACE OF ABODE ON THE DAY HE RETURNS TO HIS PERMANENT DUTY STATION FROM SUCH TEMPORARY DUTY."

WE DO NOT BELIEVE THAT THE REGULATION SET FORTH AT PARA. M4401 OF THE JTR WAS INTENDED TO PRECLUDE THE PAYMENT OF TAXI FARE FOR TRAVEL TO THE PERMANENT DUTY STATION WHERE THE MEMBER TRAVELS UNDER VALID TRAVEL ORDERS ISSUED FOR A TEMPORARY DUTY ASSIGNMENT WHICH REQUIRES OVERNIGHT LODGINGS AND THE ASSIGNMENT IS TERMINATED ON THE DAY THE MEMBER BEGINS TRAVEL DUE TO CIRCUMSTANCES BEYOND HIS CONTROL.

IN ACCORDANCE WITH THE ABOVE, REIMBURSEMENT FOR TAXI FARE IN THE AMOUNT OF $25.00 MAY BE ALLOWED.