B-202477, DEC 23, 1981

B-202477, DEC 23, 1981

DIGEST: 1. PARAGRAPH M4204-3C, VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR), PROVIDES IN PART THAT WHEN A SERVICE MEMBER PERFORMS TEMPORARY DUTY TRAVEL BY AIR OVER A DIRECT ROUTE, HIS DEPARTURE MAY BE SCHEDULED TO ALLOW ARRIVAL AT A TEMPORARY DUTY STATION 24 HOURS PRIOR TO THE BEGINNING OF A WORK STATUS IF THE PERMANENT AND TEMPORARY DUTY STATIONS ARE SEPARATED BY FOUR OR MORE TIME ZONES. THIS PROVISION APPLIES TO A REST STOP AT A TEMPORARY DUTY STATION PRIOR TO THE BEGINNING OF A WORK STATUS, AND IS THEREFORE NOT APPLICABLE TO THE SITUATION WHERE THE STOP EN ROUTE WAS NOT MADE AT A TEMPORARY DUTY STATION PRIOR TO THE BEGINNING OF A WORK STATUS. 2. AS TO TRAVEL DURING A SERVICE MEMBER'S NORMAL HOURS OF REST, 1 JTR PARA. M4204-3D PROVIDES FOR A REST STOP EN ROUTE WHICH HAS BEEN AUTHORIZED OR APPROVED BY THE ORDER-ISSUING OFFICIAL. NO BASIS EXISTS UPON WHICH TO AUTHORIZE PAYMENT OF THE COSTS OF A SCHEDULED REST STOP UNTIL THAT STOPOVER HAS BEEN AUTHORIZED OR APPROVED BY THE ORDER ISSUING OFFICIAL. 3. A SERVICE MEMBER TRAVELING FROM THE UNITED STATES TO EDINBURGH, SCOTLAND, TRAVELED BY COMMERCIAL AIR TO LONDON, ENGLAND, AND THEN TO EDINBURGH. WHILE GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE TO LONDON AT THE TIME OF THE MEMBER'S TRAVEL, SERVICE TO SCOTLAND WAS NOT AVAILABLE. THEREFORE, THE MEMBER IS ENTITLED TO BE REIMBURSED ON THE BASIS OF THE COST OF GOVERNMENT TRANSPORTATION TO LONDON AND THE COMMERCIAL FARE FROM LONDON TO EDINBURGH, NOT TO EXCEED WHAT THE COST WOULD HAVE BEEN TO THE GOVERNMENT FOR SUCH COMMERCIAL AIR SERVICE OVER THE DIRECT ROUTE BETWEEN THOSE TWO POINTS.

CAPTAIN THOMAS M. KOSMO, USAR:

CAPTAIN THOMAS M. KOSMO, USAR, HAS SUBMITTED AN APPEAL OF THE SETTLEMENT ACTION BY OUR CLAIMS GROUP DISALLOWING HIS CLAIM FOR ADDITIONAL TRAVEL ALLOWANCES FOR HIS RETURN TRAVEL HOME TO EDINBURGH, SCOTLAND, FROM ACTIVE DUTY AT FORT LEAVENWORTH, KANSAS. WE CONCLUDE THAT DISALLOWANCE OF PAYMENT OF THE COSTS RELATED TO A STOPOVER EN ROUTE WAS CORRECT. FURTHER CONCLUDE, HOWEVER, THAT PAYMENT OF THE ADDITIONAL COST OF CAPTAIN KOSMO'S AIR FARE FROM LONDON, ENGLAND, TO EDINBURGH MAY BE AUTHORIZED.

BACKGROUND

BY RESERVE COMPENSATION PERSONNEL AND ADMINISTRATION CENTER ORDER DATED JULY 27, 1979, CAPTAIN KOSMO WAS ORDERED TO ACTIVE DUTY, FROM HIS RESIDENCE IN EDINBURGH, FOR TRAINING AT FORT LEAVENWORTH COMMENCING ON AUGUST 6, 1979. THE ORDERS DIRECTED HIM TO RETURN TO THE PLACE WHERE HE ENTERED ACTIVE DUTY, EDINBURGH, UPON COMPLETION OF TRAINING. AMENDMENT, DATED AUGUST 13, 1979, TO THE ORIGINAL TRAVEL ORDERS DIRECTED TRAVEL BY GOVERNMENT AIRCRAFT WHEN AVAILABLE, EXCEPT THAT GOVERNMENT AIRCRAFT WAS DIRECTED NOT TO BE USED IF IT ADVANCED OR DELAYED THE TRAVELTIME. A SUBSEQUENT AMENDMENT, DATED NOVEMBER 24, 1979, AUTHORIZED TRAVEL BY COMMERCIAL AIRCRAFT.

CAPTAIN KOSMO COMPLETED TRAINING ON THE MORNING OF DECEMBER 21, 1979, AND WAS OFFICIALLY RELEASED FROM DUTY AT FORT LEAVENWORTH AS OF NOON, THAT DATE. CAPTAIN KOSMO'S TRAVEL VOUCHER SHOWS THE FOLLOWING ITINERARY FOR HIS RETURN TRAVEL. HE DEPARTED FROM FORT LEAVENWORTH BY TAXI ON DECEMBER 22, 1979, AT 8 A.M., AND TRAVELED TO KANSAS CITY, MISSOURI, ARRIVING AT 9 A.M. THE SAME DAY. LATER, ON THE MORNING OF DECEMBER 22, AT 11:50 A.M., HE DEPARTED FROM KANSAS CITY INTERNATIONAL AIRPORT BY COMMERCIAL AIRCRAFT AND TRAVELED TO BOSTON, MASSACHUSETTS, ARRIVING AT 3:30 P.M. THE SAME DAY. HE DEPARTED FROM BOSTON BY COMMERCIAL AIRCRAFT ON THE EVENING OF DECEMBER 22, AT 7 P.M., AND TRAVELED TO LONDON, ARRIVING AT 6 A.M. ON DECEMBER 23, 1979. AFTER A DELAY OF APPROXIMATELY 34 HOURS, HE DEPARTED FROM LONDON AT 4 P.M. ON DECEMBER 24, AND TRAVELED TO EDINBURGH BY COMMERCIAL AIRCRAFT, ARRIVING AT 6 P.M. THE SAME DAY.

CAPTAIN KOSMO FILED A CLAIM WITH THE ARMY FOR AIR FARE, PER DIEM AND MISCELLANEOUS EXPENSES INCURRED WHILE RETURNING TO EDINBURGH. THE ARMY REIMBURSED HIM ON A CONSTRUCTIVE TRAVEL BASIS FOR COMMERCIAL AIR TRAVEL FROM KANSAS CITY TO PHILADELPHIA, PENNSYLVANIA, AND MILITARY AIRLIFT COMMAND (MAC) TRAVEL FROM PHILADELPHIA DIRECTLY TO SCOTLAND. THE ARMY DISALLOWED PER DIEM FOR HIS STOPOVER IN LONDON ON DECEMBER 23 AND 24, 1979, AND COMMERCIAL AIR FARE FROM LONDON TO SCOTLAND. WHEN CAPTAIN KOSMO INDICATED DISAGREEMENT WITH THAT SETTLEMENT, HIS CLAIM WAS FORWARDED BY THE ARMY FINANCE AND ACCOUNTING CENTER TO OUR CLAIMS GROUP AS A DOUBTFUL CLAIM.

IN DISALLOWING PAYMENT OF THE CLAIM OUR CLAIMS GROUP STATED THAT SINCE THERE IS NO EVIDENCE THAT A REST STOP WAS APPROVED BY THE ORDER ISSUING OFFICIAL, AS REQUIRED IN PARAGRAPH M4204-3D, VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR), THE FINANCE OFFICE PROPERLY EXCLUDED THE COST OF THE STOPOVER AND RELATED COSTS. ALSO, OUR CLAIMS GROUP STATED THAT SINCE THE FINANCE OFFICE INDICATED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE AT THE TIME OF THE MEMBER'S DEPARTURE, THE FINANCE OFFICE CORRECTLY LIMITED HIS REIMBURSEMENT FOR TRANSOCEANIC TRAVEL AS DIRECTED BY PARAGRAPH M4159- 4A, 1 JTR.

CAPTAIN KOSMO CONTENDS THAT HE WAS ENTITLED TO THE REST STOP AND COMMERCIAL AIR FARE FROM LONDON TO EDINBURGH BECAUSE, CONTRARY TO WHAT THE FINANCE OFFICE INDICATED, AT THE TIME HE WAS REQUIRED TO TRAVEL THERE WAS NO DIRECT MAC FLIGHT FROM THE UNITED STATES TO EDINBURGH. HE INDICATES THAT HE WAS REQUIRED TO TRAVEL VIA LONDON USING COMMERCIAL AIR FROM THERE TO EDINBURGH. THEREFORE, HE INDICATES THAT, UNDER PARAGRAPH M4204-3C, 1 JTR, EVEN WITHOUT SPECIFIC MENTION IN THE ORDERS, HE WAS ALSO ENTITLED TO THE REST STOP BECAUSE HE TRAVELED THROUGH SIX TIME ZONES.

REST STOP

WE CANNOT AGREE WITH CAPTAIN KOSMO'S READING OF THE REGULATIONS CONCERNING REST STOPS. UNDER PARAGRAPH M4254-3, 1 JTR, THE PROVISIONS OF PARAGRAPHS M4204-3C AND M4204-3D APPLY TO THE COMPUTATION OF PER DIEM FOR MEMBERS TRAVELING OUTSIDE THE UNITED STATES. PARAGRAPH M4204 3C PROVIDES IN PART THAT WHEN A MEMBER PERFORMS TEMPORARY DUTY TRAVEL BY AIR OVER A DIRECT ROUTE, HIS DEPARTURE MAY BE SCHEDULED TO ALLOW ARRIVAL AT THE TEMPORARY DUTY STATION 24 HOURS PRIOR TO THE BEGINNING OF A WORK STATUS IF THE PERMANENT AND TEMPORARY DUTY STATIONS ARE SEPARATED BY FOUR OR MORE TIME ZONES. PARAGRAPH M4204-3C APPLIES TO A REST PERIOD AT THE TEMPORARY DUTY STATION PRIOR TO THE BEGINNING OF A WORK STATUS. IT IS NOT APPLICABLE TO THIS SITUATION, INVOLVING A REST STOP EN ROUTE NOT AT A TEMPORARY DUTY STATION. THEREFORE, WE CONCLUDE THAT CAPTAIN KOSMO WAS NOT ENTITLED TO A REST STOP IN LONDON UNDER PARAGRAPH M4204-3C.

CAPTAIN KOSMO CONTENDS THAT PARAGRAPH M4204-3D DOES NOT REQUIRE THE ORDER -ISSUING OFFICIAL TO AUTHORIZE OR APPROVE A REST STOP WHERE THE MEMBER TRAVELED THROUGH FOUR OR MORE TIME ZONES (IN HIS CASE SIX TIME ZONES). CONTENDS THAT IF THAT IS THE CASE, HE IS ENTITLED TO A REST STOP WITHOUT ANY AUTHORIZATION OR APPROVAL.

AS TO TRAVEL DURING A MEMBER'S NORMAL HOURS OF REST, PARAGRAPH M4204 3D, 1 JTR, PROVIDES IN PART AS FOLLOWS:

"D. TRAVEL DURING NORMAL HOURS OF REST. IF *** IT BECOMES NECESSARY TO SCHEDULE TRAVEL TO COMMENCE AT, NEAR, OR AFTER THE CONCLUSION OF THE REGULARLY SCHEDULED HOURS OF DUTY OF A MEMBER AND THE CONDITIONS AND CIRCUMSTANCES IN THE CASE SO WARRANT, THE ORDER-ISSUING OFFICIAL MAY AUTHORIZE OR APPROVE A REST STOP EN ROUTE. TRANSPORTATION SCHEDULES AND/OR OTHER CONDITIONS PERMITTING, SUCH REST STOPS SHOULD NOT EXCEED A REASONABLE PERIOD OF REST PLUS DELAY NECESSARY THEREAFTER IN SECURING THE EARLIEST ONWARD TRANSPORTATION TOWARDS AUTHORIZED DESTINATION. SUCH REST STOPS SHOULD BE SCHEDULED, TO THE MAXIMUM EXTENT PRACTICABLE, AT A POINT EN ROUTE WHERE FREE STOPOVERS ARE PERMITTED BY THE CARRIERS."

THUS, PARAGRAPH M4204-3D PROVIDES ONLY FOR A REST STOP WHICH HAS BEEN AUTHORIZED OR APPROVED BY THE ORDER-ISSUING OFFICIAL. IT MAKES NO EXCEPTION TO THIS REQUIREMENT FOR TRAVEL THROUGH ANY PARTICULAR NUMBER OF TIME ZONES. IN THAT REGARD CAPTAIN KOSMO IS APPARENTLY CONFUSING THE PROVISIONS OF PARAGRAPH M4204-3C (WHICH WE HAVE SHOWN DOES NOT APPLY TO HIS SITUATION) WITH THOSE OF PARAGRAPH M4204-3D. IN ANY EVENT, THERE IS NO BASIS UPON WHICH TO AUTHORIZE PAYMENT OF THE COST OF A SCHEDULED REST STOP UNTIL THAT STOPOVER HAS BEEN AUTHORIZED OR APPROVED BY THE ORDER- ISSUING OFFICIAL AS REQUIRED IN 1 JTR PARA. M4204 3D. NO SUCH AUTHORIZATION OR APPROVAL WAS GRANTED IN CAPTAIN KOSMO'S CASE SO THE DISALLOWANCE OF THAT PORTION OF HIS CLAIM IS SUSTAINED.

AIR FARE: LONDON TO EDINBURGH

AS TO HIS ROUTING VIA LONDON AND USE OF COMMERCIAL CARRIER FROM THERE TO EDINBURGH RATHER THAN A DIRECT MAC FLIGHT FROM THE UNITED STATES TO SCOTLAND, CAPTAIN KOSMO CONTENDS THAT AT THE TIME OF HIS DEPARTURE FROM FORT LEAVENWORTH THE ONLY AVAILABLE GOVERNMENT AIR SERVICE WAS BETWEEN NEW YORK CITY AND LONDON. CONSEQUENTLY, ALTHOUGH HE AGREES THAT HE WAS ENTITLED TO BE REIMBURSED ONLY THE AMOUNT OF THE MAC FARE FOR HIS TRANSATLANTIC FLIGHT, HE CONTENDS THAT HE IS ENTITLED TO THE COST OF COMMERCIAL AIR FARE FOR THE CONTINUATION FLIGHT TO EDINBURGH.

THE FINANCE OFFICE BASED ITS CONSTRUCTIVE TRAVEL ITINERARY ON PUBLISHED MAC SCHEDULES. WHILE GOVERNMENT AIR SERVICE WAS AVAILABLE AT THE TIME OF CAPTAIN KOSMO'S TRAVEL BETWEEN THE CONTINENTAL UNITED STATES AND LONDON, WE HAVE BEEN INFORMALLY ADVISED BY MAC THAT THEIR SCHEDULED SERVICE TO SCOTLAND WAS "SHUTDOWN" FROM DECEMBER 22 THROUGH 25, 1979. THEREFORE, SINCE HIS TRAVEL ORDERS AUTHORIZED USE OF COMMERCIAL AIRCRAFT, WE CONCLUDE THAT PAYMENT OF THE ADDITIONAL COST OF CAPTAIN KOSMO'S AIR FARE FROM LONDON TO EDINBURGH IS AUTHORIZED, NOT TO EXCEED THE COST TO THE GOVERNMENT FOR AVAILABLE SCHEDULED COMMERCIAL AIR SERVICE OVER THE DIRECT ROUTE BETWEEN THOSE POINTS. 1 JTR PARAS. M4251 AND M4203C(2). SETTLEMENT WILL BE ISSUED TO CAPTAIN KOSMO IN DUE COURSE, FOR THE AMOUNT DUE.