B-78570, AUGUST 30, 1948, 28 COMP. GEN. 134

B-78570: Aug 30, 1948

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FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED. ARE NOT SELF-EXECUTING. REIMBURSEMENT FOR TRAVEL OF DEPENDENTS OF NAVAL PERSONNEL IS NOT AUTHORIZED ON A COMMERCIAL COST BASIS IN THE ABSENCE OF NAVY REGULATIONS PROVIDING THEREFOR. WHERE TRANSPORTATION IN KIND (FIRST-CLASS RAIL) FOR THE TRAVEL OF A NAVY OFFICER'S DEPENDENT WAS FURNISHED FOR THE FULL DISTANCE AUTHORIZED BY LAW. BECAUSE THE OFFICER DID NOT RECEIVE FOR HIS DEPENDENT THE MAXIMUM TRANSPORTATION ACCOMMODATIONS THE GOVERNMENT WAS WILLING TO FURNISH. TRANSPORTATION IN KIND FOR A PART OF THE DISTANCE WAS NOT FURNISHED SO AS TO ENTITLE THE OFFICER UNDER THE APPLICABLE LAW AND REGULATIONS TO ANY REIMBURSEMENT. DEPENDENTS OF A NAVY ENLISTED MAN WHO OBTAINED PULLMAN ACCOMMODATIONS BY THE USE OF A PULLMAN TRANSPORTATION REQUEST FOR A PORTION OF THE DISTANCE FOR WHICH TRANSPORTATION IN KIND WAS AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942.

B-78570, AUGUST 30, 1948, 28 COMP. GEN. 134

TRANSPORTATION OF DEPENDENTS - NAVAL PERSONNEL IN VIEW OF THE FACT THAT THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AND EXECUTIVE ORDER NO. 9222, RESPECTING THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO THE COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL OF DEPENDENTS OF MILITARY PERSONNEL, UPON A PERMANENT CHANGE OF STATION, FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED, ARE NOT SELF-EXECUTING, REIMBURSEMENT FOR TRAVEL OF DEPENDENTS OF NAVAL PERSONNEL IS NOT AUTHORIZED ON A COMMERCIAL COST BASIS IN THE ABSENCE OF NAVY REGULATIONS PROVIDING THEREFOR. WHERE TRANSPORTATION IN KIND (FIRST-CLASS RAIL) FOR THE TRAVEL OF A NAVY OFFICER'S DEPENDENT WAS FURNISHED FOR THE FULL DISTANCE AUTHORIZED BY LAW, AND, AS A MATTER OF PERSONAL CONVENIENCE--- IN ORDER TO STOP OVER EN ROUTE --- THE OFFICER ELECTED NOT TO ACCEPT A TRANSPORTATION REQUEST FOR PULLMAN ACCOMMODATIONS BUT USED PERSONAL FUNDS FOR SUCH ACCOMMODATION, IT MAY NOT BE CONCLUDED THAT, BECAUSE THE OFFICER DID NOT RECEIVE FOR HIS DEPENDENT THE MAXIMUM TRANSPORTATION ACCOMMODATIONS THE GOVERNMENT WAS WILLING TO FURNISH, TRANSPORTATION IN KIND FOR A PART OF THE DISTANCE WAS NOT FURNISHED SO AS TO ENTITLE THE OFFICER UNDER THE APPLICABLE LAW AND REGULATIONS TO ANY REIMBURSEMENT. DEPENDENTS OF A NAVY ENLISTED MAN WHO OBTAINED PULLMAN ACCOMMODATIONS BY THE USE OF A PULLMAN TRANSPORTATION REQUEST FOR A PORTION OF THE DISTANCE FOR WHICH TRANSPORTATION IN KIND WAS AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AND WHO OBTAINED RAIL TICKETS BY THE USE OF PERSONAL FUNDS INSTEAD OF USING THE RAIL TRANSPORTATION REQUEST FURNISHED BY THE GOVERNMENT, WERE NOT FURNISHED TRANSPORTATION IN KIND WITHIN THE MEANING OF SAID SECTION FOR ALL OR PART OF SUCH TRIP, AND, THEREFORE, REIMBURSEMENT MAY BE MADE ON A MILEAGE BASIS FOR THE AUTHORIZED DISTANCE, UNDER THE ACT OF APRIL 27, 1946, AND U.S. NAVY TRAVEL INSTRUCTIONS, LESS THE COST TO THE GOVERNMENT FOR THE PULLMAN ACCOMMODATIONS USED. WHERE THE DEPENDENT OF A NAVY OFFICER, ON ACCOUNT OF WHOM SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AUTHORIZES TRANSPORTATION IN KIND, EXCHANGED THE RAIL TRANSPORTATION REQUEST FURNISHED BY THE GOVERNMENT FOR A RAIL TICKET BUT USED ONLY A PORTION OF SUCH TICKET, COMPLETING THE REMAINDER OF TRAVEL BY AUTOMOBILE AT PERSONAL EXPENSE, AND DID NOT USE THE PULLMAN ACCOMMODATION REQUEST FURNISHED, REIMBURSEMENT FOR THE LATTER PORTION OF THE JOURNEY MAY NOT BE MADE ON A MILEAGE BASIS; HOWEVER, PAYMENT MAY BE MADE IN THE AMOUNT OF THE REFUND OBTAINED FROM THE CARRIER FOR THE UNUSED PORTION OF THE TICKET BUT NOT AS TO THE PULLMAN ACCOMMODATIONS NOT USED. WHERE, DUE TO A RAIL STRIKE, DEPENDENTS OF TRANSFERRED NAVY ENLISTED MAN WERE UNABLE TO UTILIZE RAIL TRANSPORTATION PROVIDED BY THE GOVERNMENT EXCEPT FOR THE SHIPMENT OF BAGGAGE, AND THE TRANSPORTATION REQUESTS HAD BEEN EXCHANGED FOR TICKETS AND PULLMAN RESERVATIONS ON WHICH THE GOVERNMENT MAY OBTAIN REFUNDS, REIMBURSEMENT MAY BE MADE TO CLAIMANT IN THE AMOUNT OBTAINED AS REFUND ON ALL SAID TICKETS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, AUGUST 30, 1948:

I HAVE YOUR LETTER OF JULY 15, 1948, WITH ENCLOSURES, REQUESTING DECISION AS TO THE EXTENT OF REIMBURSEMENT THAT MAY BE MADE ON EACH OF FIVE CLAIMS OF NAVAL PERSONNEL FOR PAYMENT IN CONNECTION WITH TRAVEL OF DEPENDENTS, AS WELL AS THE BASIS FOR REIMBURSEMENT IN FUTURE SIMILAR CASES. THE FACTS RESPECTING THE PRESENT CLAIMS, AS SUMMARIZED IN A LETTER FROM THE DEPUTY CHIEF OF NAVAL PERSONNEL TO YOU DATED JULY 7, 1948, ARE AS FOLLOWS:

(A) REAR ADMIRAL WILLE. PLACE ON THE RETIRED LIST BY ORDERS OF 21 APRIL 1947. DEPENDENT WIFE ENTITLED TO TRANSPORTATION FROM WASHINGTON, D.C., LAST PERMANENT DUTY STATION, TO LONG BEACH, CALIF., HOME SELECTED ON RETIREMENT. THE CLAIMANT DESIRED TRANSPORTATION FOR DEPENDENT WITH STOPOVERS ENROUTE. HE WAS INFORMED THAT THIS COULD NOT BE GRANTED AS CURRENT REGULATIONS PROHIBITED THE ISSUE OF TRANSPORTATION TO DEPENDENTS INVOLVING EXCESS COSTS, WHICH WOULD HAVE BEEN INVOLVED IN THE PULLMAN STOPOVERS. HE THEN APPLIED FOR AND RECEIVED A TRANSPORTATION REQUEST (N- 10,410,389) FOR THE RAIL TICKET WASHINGTON TO LONG BEACH, CALIF. HE THEN PURCHASED FROM PERSONAL FUNDS A BEDROOM WASHINGTON TO CHICAGO, A PARLOR CAR SEAT CHICAGO TO OMAHA, A BEDROOM OMAHA TO SAN FRANCISCO, AND A PARLORCAR SEAT SAN FRANCISCO TO LOS ANGELES. REIMBURSEMENT IS REQUESTED FOR A LOWER BERTH WASHINGTON TO LOS ANGELES.

(B) LEMOINE. DEPENDENTS ENTITLED TO TRANSPORTATION FROM CHARLESTON,S.C. TO GUAM BY REASON OF CHANGE OF STATION FROM USS YMS-160 TO GUAM UNDER A SUCCESSION OF ORDERS STATED IN THE ENCLOSURE. CLAIMANT APPLIED FOR TRANSPORTATION FROM PLYMOUTH, MASS. TO GUAM. TRANSPORTATION FROM SAN FRANCISCO TO GUAM WAS FURNISHED BY NAVY TRANSPORT. IN VIEW OF THE FACT THAT CURRENT REGULATIONS PROHIBITED THE ISSUE OF TRANSPORTATION INVOLVING EXCESS COSTS, AND TO KEEP WITHIN THE COSTS FROM CHARLESTON, S.C., TO SAN FRANCISCO, T/R N-8,377,805 WAS ISSUED FOR 1 1/2 RAIL FARES FROM BUFFALO, N.Y., TO SAN FRANCISCO, AND TO OAKLAND, CAL. THE DEPENDENTS, HOWEVER, PURCHASED COACH TRANSPORTATION FROM PLYMOUTH, MASS. TO SAN FRANCISCO, TICKETS COVERING THE DIFFERENCE BETWEEN COACH AND FIRST CLASS CHICAGO TO SAN FRANCISCO, AND THEN USED THE PULLMAN T/R N-8,377,816 CHICAGO TO OAKLAND. THE RAIL T/R WAS NOT USED. REIMBURSEMENT IS REQUESTED IN SUCH AMOUNT AS MAY BE FOUND DUE.

(C) LT. SENDER. DEPENDENTS ENTITLED TO TRANSPORTATION FROM SAN FRANCISCO TO NEW YORK BY REASON OF RELEASE FROM ACTIVE DUTY UNDER ORDERS OF 10 MARCH 1948. THE CLAIMANT APPLIED FOR AND RECEIVED TRANSPORTATION FROM SAN FRANCISCO TO NEW YORK ON T/R'S N-10,478,340 41. THE RAIL TICKET WAS USED ONLY FROM SAN FRANCISCO TO LOS ANGELES AND TRAVEL PERFORMED BY AUTOMOBILE FROM LOS ANGELES TO NEW YORK. THE PULLMAN T/R WAS NOT USED. REIMBURSEMENT IS REQUESTED FOR TRAVEL FROM LOS ANGELES TO NEW YORK.

(D) CAPT. SHEPARD. DEPENDENTS ENTITLED TO TRANSPORTATION FROM GUAM TO WASHINGTON, D.C. UNDER ORDERS OF 22 MAY 1947. GOVERNMENT TRANSPORTATION WAS FURNISHED FROM GUAM TO ALAMEDA, CALIF. BY AIR. CLAIMANT APPLIED FOR AND RECEIVED TRANSPORTATION FOR DEPENDENTS FROM SAN DIEGO, CALIF. TO WASHINGTON IN LIEU OF FROM ALAMEDA TO WASHINGTON. THIS WAS FURNISHED ON T/R'S N-10,259,558-59-60. THIS TRANSPORTATION WAS USED FROM SAN DIEGO TO TIFFIN, OHIO. TRAVEL FROM TIFFIN, OHIO TO WASHINGTON, D.C. WAS PERFORMED AT PERSONAL EXPENSE. REIMBURSEMENT IS NOW REQUESTED IN SUCH AMOUNT AS FOUND DUE. IN THIS CONNECTION THERE WAS FOR COLLECTION THE SUM OF $2.00 TO COVER THE EXCESS COST ACCOUNT SPLITTING THE PULLMAN AT TIFFIN, OHIO.

(E) SCHMIDT. DEPENDENTS ENTITLED TO TRANSPORTATION FROM CINCINNATI, OHIO TO THE CANAL ZONE VIA NEW YORK, ON CHANGE OF STATION FROM SAN DIEGO, HOME PORT OF CASU-5, TO CANAL ZONE. DEPENDENTS LOCATED AT CINCINNATI AND NO GOVERNMENT TRANSPORTATION AVAILABLE FROM THE WEST COAST TO CANAL ZONE. TRANSPORTATION FROM NEW YORK TO THE CANAL ZONE FURNISHED BY GOVERNMENT TRANSPORT. CLAIMANT APPLIED FOR AND RECEIVED TRANSPORTATION FROM CINCINNATI TO NEW YORK ON T/R'S N 9,976,261-2. THE TICKET, HOWEVER, WAS USED ONLY FOR THE PURPOSE OF CHECKING A STEAMER TRUNK WEIGHING ABOUT 75 POUNDS FROM CINCINNATI TO NEW YORK. TRAVEL WAS THEN PERFORMED BY AUTOMOBILE AND REIMBURSEMENT CLAIMED.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, PROVIDES THAT WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 OF THAT ACT, 56 STAT. 361, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION,"THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND * * * TO HIS NEW STATION FOR SUCH DEPENDENTS," AND THAT "IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO * * * COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED.' SUCH AUTHORITY FOR THE PAYMENT OF COMMERCIAL TRANSPORTATION COSTS WAS IMPLEMENTED BY EXECUTIVE ORDER NO. 9222, DATED AUGUST 15, 1942, WHICH PROVIDES THAT THE "HEADS OF THE RESPECTIVE DEPARTMENTS AND ESTABLISHMENTS CONCERNED ARE HEREBY AUTHORIZED * * * TO MAKE PAYMENT IN MONEY OF AMOUNTS EQUAL TO COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED.' SUCH AUTHORITY FOR THE PAYMENT OF COMMERCIAL TRANSPORTATION COSTS WAS IMPLEMENTED BY EXECUTIVE ORDER NO. 9222, DATED AUGUST 15, 1942, WHICH PROVIDES THAT THE "HEADS OF THE RESPECTIVE DEPARTMENTS AND ESTABLISHMENTS CONCERNED ARE HEREBY AUTHORIZED * * * TO MAKE PAYMENT IN MONEY OF AMOUNTS EQUAL TO COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL OF * * * DEPENDENTS FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED," AND THAT SUCH HEADS ,MAY PRESCRIBE ADDITIONAL REGULATIONS NOT INCONSISTENT HEREWITH OR WITH THE TERMS OF THE SAID SECTION 12 AS MAY BE NECESSARY FOR CARRYING OUT THE PROVISIONS OF THIS ORDER.' SECTION 2 OF THE ACT OF APRIL 27, 1946, 60 STAT. 126, 127, PROVIDES THAT "IN LIEU OF TRANSPORTATION FOR DEPENDENTS OF PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, OR OF ANY OF THE COMPONENTS THEREOF AUTHORIZED UNDER ANY PROVISION OF LAW, PAYMENT AT THE RATE OF 4 CENTS PER MILE FOR DEPENDENTS TWELVE YEARS OF AGE AND OVER, AND 2 CENTS PER MILE FOR DEPENDENTS UNDER TWELVE YEARS OF AGE TO INCLUDE DEPENDENTS FIVE YEARS OF AGE AND OVER, MAY BE MADE FOR LAND TRAVEL WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED," AND THAT REIMBURSEMENT IS AUTHORIZED ON THAT BASIS "IN ANY CASE WHERE PAYMENT FOR SUCH TRAVEL HAS NOT THERETOFORE BEEN MADE.' AND SECTION 4 OF THE SAID ACT OF APRIL 27, 1946, PROVIDES, INTER ALIA, THAT THE SECRETARY OF THE NAVY IS AUTHORIZED TO PRESCRIBE REGULATIONS FOR CARRYING OUT THE PROVISIONS OF THIS ACT.'

PARAGRAPH 8152-1A, U.S. NAVY TRAVEL INSTRUCTIONS, PROVIDES THAT "WHEN DEPENDENTS OF PERSONNEL OF THE NAVY, INCLUDING COMPONENTS THEREOF, WHO ARE LEGALLY ENTITLED TO TRANSPORTATION UNDER ANY PROVISION OF LAW, PERFORM TRAVEL AT PERSONAL EXPENSE IN LIEU OF OBTAINING TRANSPORTATION IN KIND, REIMBURSEMENT "FOR ALL LAND TRAVEL WILL BE MADE ON A MILEAGE BASIS PURSUANT TO THE ACT OF APRIL 27, 1946, SUPRA. PARAGRAPH 8152-1D OF SUCH INSTRUCTIONS PROVIDES THAT WHERE "TRANSPORTATION IN KIND HAS BEEN FURNISHED AND USED FOR ONLY A PART OF THE DISTANCE INVOLVED, WITH THE REMAINDER OF THE TRAVEL BEING PERFORMED FOR AT PERSONAL EXPENSE, REIMBURSEMENT WILL BE MADE" ON A MILEAGE BASIS FOR THE TOTAL OFFICIAL DISTANCE LESS THE DISTANCE FOR WHICH TRANSPORTATION IN KIND IS FURNISHED AND USED. AND PARAGRAPH 8152-1E OF THE SAID INSTRUCTIONS PROVIDES THAT "WHEN TRANSPORTATION REQUESTS ARE ISSUED FOR THE ENTIRE LAND TRAVEL INVOLVED BUT ARE NOT USED FOR ANY PART OF SUCH TRAVEL," REIMBURSEMENT WILL BE MADE ON A MILEAGE BASIS.

THUS THE LAW AND REGULATIONS PROVIDE FOR FURNISHING TRANSPORTATION IN KIND FOR DEPENDENTS AND WHERE TRANSPORTATION IN KIND IS NOT FURNISHED AND USED, REIMBURSEMENT PRESENTLY IS AUTHORIZED BY THE REGULATIONS ON A MILEAGE BASIS FOR ANY DISTANCE FOR WHICH IT WAS NOT SO FURNISHED AND USED. MOREOVER, SINCE THE PERTINENT REGULATIONS MAKE NO PROVISION FOR PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF DEPENDENTS AND SINCE THE PROVISIONS OF THE STATUTE AND THE EXECUTIVE ORDER, CITED ABOVE, RESPECTING THE PAYMENT OF SUCH COMMERCIAL COST, ARE NOT SELF-EXECUTING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS OF NAVAL PERSONNEL CURRENTLY IS NOT AUTHORIZED ON A COMMERCIAL COST BASIS.

IN THE CASE OF REAR ADMIRAL FRANK J. WILLE, USN ( RETIRED), IT IS EVIDENT THAT TRANSPORTATION IN KIND (FIRST CLASS RAIL) FOR HIS WIFE'S TRAVEL WAS FURNISHED FOR THE FULL DISTANCE AUTHORIZED BY LAW, AND THAT AS A MATTER OF PERSONAL CONVENIENCE HE ELECTED NOT TO ACCEPT A TRANSPORTATION REQUEST FOR PULLMAN ACCOMMODATIONS. UNDER SUCH CIRCUMSTANCES, IT MAY NOT BE CONCLUDED THAT TRANSPORTATION IN KIND WAS NOT FURNISHED FOR A PART OF THE "DISTANCE" --- A NECESSARY PREREQUISITE TO REIMBURSEMENT IN LIEU OF TRANSPORTATION IN KIND UNDER THE APPLICABLE LAW AND REGULATIONS. HENCE, WHILE THE OFFICER ADMITTEDLY DID NOT RECEIVE FOR HIS DEPENDENT THE MAXIMUM TRANSPORTATION ACCOMMODATIONS THE GOVERNMENT WAS READY AND WILLING TO FURNISH, THERE APPEARS NO PROPER BASIS FOR MAKING ANY FURTHER PAYMENT OR REIMBURSEMENT IN HIS CASE.

IN THE CASE OF GEORGE FRANCIS LEMOINE, HMC, USN, THE ENTITLEMENT WAS TO TRANSPORTATION FROM CHARLESTON, SOUTH CAROLINA, TO SAN FRANCISCO, CALIFORNIA, WHEREAS THE DEPENDENTS WERE LOCATED IN PLYMOUTH, MASSACHUSETTS, AND IT APPEARS THAT, IN ORDER TO AVOID OBLIGATING THE GOVERNMENT TO PAY THE CARRIER MORE THAN THE COST OF TRANSPORTATION BETWEEN THE AUTHORIZED POINTS OF TRAVEL, TRANSPORTATION REQUESTS WERE ISSUED FOR RAIL TRAVEL FROM BUFFALO, NEW YORK (RATHER THAN PLYMOUTH, MASSACHUSETTS), TO SAN FRANCISCO, CALIFORNIA, AND FOR PULLMAN BEGINNING AT CHICAGO, ILLINOIS. LEMOINE STATES THAT DUE TO LACK OF INSTRUCTIONS AS TO PROPER UTILIZATION OF SUCH TRANSPORTATION REQUESTS, HIS DEPENDENTS (WIFE AND TWO SMALL CHILDREN) TRAVELED FROM PLYMOUTH, MASSACHUSETTS, TO SAN FRANCISCO, CALIFORNIA, AT PERSONAL EXPENSE EXCEPT THAT THE PULLMAN TRANSPORTATION REQUEST WAS USED FOR PULLMAN ACCOMMODATIONS FROM CHICAGO, ILLINOIS, TO DESTINATION. IN THIS CONNECTION, IT SEEMS PROBABLE THAT WHEN THE DEPENDENTS REACHED CHICAGO, ILLINOIS, THEY WERE UNABLE TO EXCHANGE THE RAIL TRANSPORTATION REQUEST FOR RAIL TICKETS AT THAT POINT SINCE THE REQUEST WAS DRAWN ON A CARRIER HAVING NO RAIL LINES WEST OF CHICAGO. SINCE THE TRANSPORTATION REQUEST FOR RAIL TRAVEL HAS BEEN RETURNED UNUSED, NO OBLIGATION HAS BEEN IMPOSED ON, OR ASSUMED BY, THE GOVERNMENT TO PAY THE CARRIER FOR SUCH RAIL TRAVEL AND THERE WOULD APPEAR TO BE NO BASIS FOR CONCLUDING THAT THE DEPENDENTS WERE FURNISHED TRANSPORTATION IN KIND AS CONTEMPLATED BY THE STATUTE WERE IT NOT FOR THE FACT THAT THEY WERE FURNISHED, AND USED, PULLMAN ACCOMMODATIONS FOR A PORTION OF THEIR TRIP. HOWEVER, UNDER THE CIRCUMSTANCES, IT WOULD APPEAR TO BE UNREASONABLE TO HOLD THAT THE GOVERNMENT HAS FURNISHED TRANSPORTATION IN KIND WITHIN THE MEANING OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, FOR ALL OR PART OF SUCH TRIP, AND, ACCORDINGLY, THIS OFFICE WOULD NOT OBJECT TO AN ADJUSTMENT SO AS TO ALLOW LEMOINE REIMBURSEMENT ON A MILEAGE BASIS FOR THE TRAVEL OF HIS DEPENDENTS, COMPUTED ON THE OFFICIAL DISTANCE FROM CHARLESTON, SOUTH CAROLINA, TO SAN FRANCISCO, CALIFORNIA, WITH A DEDUCTION FROM SUCH MILEAGE PAYMENT EQUAL TO COST TO THE GOVERNMENT FOR THE PULLMAN ACCOMMODATIONS USED BY THE DEPENDENTS ON THE TRIP IN QUESTION.

IN THE CASE OF LIEUTENANT (JG) ABRAHAM J. SENDER, USNR, THERE HAS BEEN RETURNED AN UNUSED PORTION OF RAIL TICKET, LOS ANGELES, CALIFORNIA, TO NEW YORK, NEW YORK, AND TRANSPORTATION REQUEST FOR PULLMAN ACCOMMODATIONS BETWEEN THE SAME POINTS. HENCE, IT IS CLEAR THAT TRANSPORTATION IN KIND WAS USED ONLY FOR TRAVEL BETWEEN SAN FRANCISCO, CALIFORNIA, AND LOS ANGELES, CALIFORNIA. WHERE A TRANSPORTATION REQUEST IS EXCHANGED FOR A TICKET, THE GOVERNMENT THEREBY HAS CONTRACTED WITH THE CARRIER TO TRANSPORT THE DEPENDENT AT GOVERNMENT EXPENSE AND HAS PROVIDED DIRECTLY AND IMMEDIATELY THE MEANS OF TRANSPORTATION, SO THAT THE DEPENDENT PROPERLY MAY BE REGARDED AS HAVING BEEN FURNISHED TRANSPORTATION IN KIND BY THE GOVERNMENT AS AUTHORIZED BY THE STATUTE. TRANSPORTATION IN KIND THUS HAVING BEEN FURNISHED FOR HIS DEPENDENT, AN OFFICER MAY NOT BE VIEWED AS ENTITLED TO MILEAGE IN LIEU OF ANY PART OF THE TRANSPORTATION SO SO FURNISHED BUT NOT USED. ON THE OTHER HAND, WHERE, FOR ANY REASON, THE TRANSPORTATION SO FURNISHED IS NOT USED BY THE DEPENDENT OR IS USED FOR ONLY A PART OF THE JOURNEY AND THE TICKET OR UNUSED PORTION IS TURNED BACK TO THE GOVERNMENT SO THAT A REFUND MAY BE OBTAINED FROM THE CARRIER, THE GOVERNMENT PROPERLY MAY NOT BE REGARDED AS ENTITLED TO RETAIN ANY REFUND SO OBTAINED WHILE, AT THE SAME TIME, THE DEPENDENT IS TREATED AS HAVING BEEN FURNISHED TRANSPORTATION IN KIND FOR THE ENTIRE JOURNEY COVERED BY THE TICKET. IN THAT SITUATION, ANY REFUND OBTAINED FROM THE CARRIER MAY BE VIEWED AS OBTAINED FOR THE ACCOUNT OF THE OFFICER, PROVIDED THE DEPENDENT COMPLETED THE TRAVEL INVOLVED AND THAT NO INCREASED COST OF TRANSPORTATION FOR THE DEPENDENT IS THEREBY IMPOSED ON THE GOVERNMENT. IN THE PRESENT CASE, THERE WOULD BE A CHARGE BY THE CARRIER FOR THE PORTION OF THE RAIL TICKET USED FOR TRAVEL FROM SAN FRANCISCO TO LOS ANGELES. HENCE, REIMBURSEMENT MAY BE MADE TO LIEUTENANT SENDER IN THE AMOUNT OBTAINED FROM THE CARRIER AS REFUND ON THE UNUSED PORTION OF THE RAIL TICKET. HOWEVER, THERE APPEARS NO BASIS UPON WHICH REIMBURSEMENT MAY BE MADE FOR PULLMAN ACCOMMODATIONS WHICH THE DEPENDENT ELECTED NOT TO USE. IN THE CASE OF CAPTAIN SETH A. SHEPARD, USN, IT IS STATED THAT TRANSPORTATION IN KIND WAS FURNISHED FOR HIS DEPENDENTS FROM SAN DIEGO, CALIFORNIA, TO TIFFIN, OHIO, AND THAT TRAVEL FROM THE LATTER POINT TO WASHINGTON, D.C. WAS AT PERSONAL EXPENSE. THE PAPERS SUBMITTED INCLUDE AN UNUSED TRANSPORTATION REQUEST FOR PULLMAN ACCOMMODATIONS FROM TIFFIN, OHIO, TO WASHINGTON, D.C., AND A RAIL TICKET, CHICAGO, ILLINOIS, TO WASHINGTON, D.C., WHICH TICKET APPARENTLY WAS PARTIALLY USED. FOR THE REASONS SET FORTH ABOVE IN THE CASE OF LIEUTENANT (JG) SENDER, REIMBURSEMENT MAY BE MADE TO CAPTAIN SHEPARD IN THE AMOUNT OF REFUND (IF ANY) OBTAINED FROM THE CARRIER FOR THE UNUSED PORTION OF THE RAIL TICKET.

IN THE CASE OF JOHN ALBERT SCHMIDT, ACMMP, USN, THERE HAVE BEEN TURNED BACK TO THE GOVERNMENT, RAIL TICKETS, CINCINNATI, OHIO, TO NEW YORK, NEW YORK, USED ONLY FOR THE PURPOSE OF TRANSPORTING BAGGAGE BETWEEN THOSE POINTS, AND AN UNUSED TICKET FOR PULLMAN ACCOMMODATIONS BETWEEN THE SAME POINTS. THE TICKETS WERE PURCHASED ON MAY 22, 1946, AND THE PULLMAN RESERVATION WAS FOR 4 P.M., MAY 23, 1946. IT IS UNDERSTOOD THERE WAS A RAIL STRIKE FROM 4 P.M., MAY 23, 1946, TO 4 P.M., MAY 25, 1946, THE COMMENCEMENT OF WHICH CAUSED THE TRAVEL TO BE PERFORMED AT PERSONAL EXPENSE. SINCE THE TRANSPORTATION REQUESTS WERE EXCHANGED FOR TICKETS WHICH WERE TURNED BACK TO THE GOVERNMENT AND ON WHICH THE GOVERNMENT MAY OBTAIN REFUNDS, REIMBURSEMENT TO SCHMIDT MAY BE MADE IN THE AMOUNT OBTAINED BY THE GOVERNMENT AS REFUND ON ALL OF SAID TICKETS.

THE FIVE CLAIMS REFERRED TO ABOVE ARE RETURNED HEREWITH AS REQUESTED; REIMBURSEMENT, IN THE NATURE OF ADJUSTMENT, BEING AUTHORIZED ON FOUR OF SAID CLAIMS TO THE EXTENT AND IN THE MANNER INDICATED ABOVE.