B-146525, JUL. 9, 1962

B-146525: Jul 9, 1962

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WYATT: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12. SINCE A SIMILAR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 22. THAT ACTION WAS SUSTAINED BY OUR DECISION DATED AUGUST 30. YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR RECONSIDERATION OF OUR PRIOR ACTION. WAS IN ERROR ON THE BASIS OF THE FACTS THERE CONSIDERED. YOU HAVE NOW PRESENTED A COPY OF SPECIAL ORDERS NO. 204 DATED OCTOBER 5. WERE NOT PUBLISHED CORRECTLY BECAUSE THEY DID NOT CONTAIN A SIMILAR PROVISION. ALSO YOU HAVE FURNISHED A LETTER DATED APRIL 6. INDICATES THAT YOU HAVE A RIGHT TO SUBMIT A CLAIM FOR TRAVEL ALLOWANCE.'. IT SEEMS TO BE YOUR VIEW THAT THIS LETTER EVIDENCES A DETERMINATION BY THAT OFFICIAL THAT YOUR CLAIM IS FOR ALLOWANCE.

B-146525, JUL. 9, 1962

TO. MR. W. D. WYATT:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12, 1962, WITH ENCLOSURES, ADDRESSED TO SETTLEMENTS OPERATIONS, CLAIMS DIVISION, U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, AND REFERRED HERE FOR CONSIDERATION AS A CLAIM FOR PER DIEM AND MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM DETROIT, MICHIGAN, TO GREAT LAKES, ILLINOIS, AND RETURN, DURING THE PERIOD JANUARY 24 TO MARCH 15, 1961. SINCE A SIMILAR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 22, 1961, AND THAT ACTION WAS SUSTAINED BY OUR DECISION DATED AUGUST 30, 1961, B-146525, YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR RECONSIDERATION OF OUR PRIOR ACTION.

YOU DO NOT APPEAR TO CONTEND THAT OUR DECISION OF AUGUST 30, 1961, WAS IN ERROR ON THE BASIS OF THE FACTS THERE CONSIDERED. HOWEVER, YOU HAVE NOW PRESENTED A COPY OF SPECIAL ORDERS NO. 204 DATED OCTOBER 5, 1961, WHICH DIRECTED THAT YOU PROCEED ON OR ABOUT OCTOBER 10, 1961, FROM DETROIT TO THE U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, FOR MEDICAL OBSERVATION AND, UPON COMPLETION OF SUCH TEMPORARY DUTY, THAT YOU RETURN TO YOUR PROPER STATION. SINCE THOSE ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED VEHICLE AT FIVE CENTS A MILE, IT APPEARS TO BE YOUR CONTENTION THAT YOUR PRIOR ORDERS OF JANUARY 18, 1961, WERE NOT PUBLISHED CORRECTLY BECAUSE THEY DID NOT CONTAIN A SIMILAR PROVISION. ALSO YOU HAVE FURNISHED A LETTER DATED APRIL 6, 1962, TO YOU FROM THE ARMY INSPECTOR GENERAL, HEADQUARTERS, FIFTH UNITED STATES ARMY, CHICAGO, ILLINOIS, WHICH APPARENTLY RELATES TO YOUR CLAIM ON ACCOUNT OF THE TRAVEL INVOLVED AND STATES IN PART:

"THE INQUIRY INTO MATTERS PRESENTED IN YOUR LETTER DATED 8 MARCH 1962 HAS BEEN COMPLETED. A REVIEW OF CURRENT REGULATIONS AND OTHER INFORMATION MADE AVAILABLE TO THIS HEADQUARTERS, AS A RESULT OF THE INQUIRY, INDICATES THAT YOU HAVE A RIGHT TO SUBMIT A CLAIM FOR TRAVEL ALLOWANCE.'

IT SEEMS TO BE YOUR VIEW THAT THIS LETTER EVIDENCES A DETERMINATION BY THAT OFFICIAL THAT YOUR CLAIM IS FOR ALLOWANCE.

PARAGRAPH 6150-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBER PATIENTS WHO ARE PHYSICALLY CAPABLE OF PERFORMING TRAVEL WITHOUT THE AID OF AN ATTENDANT SHALL RECEIVE THE APPROPRIATE TRAVEL ALLOWANCES PRESCRIBED IN CAPTER 4 OF THOSE REGULATIONS FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES. CHAPTER 4, PART E OF THE REGULATIONS PRESCRIBES THE TEMPORARY DUTY ALLOWANCES FOR MEMBERS IN THE UNITED STATES. UNDER SUCH REGULATIONS A MEMBER MAY BE FURNISHED TRANSPORTATION IN KIND, OR HE MAY BE REIMBURSED UNDER CERTAIN CIRCUMSTANCES FOR THE ACTUAL COST OF TRAVEL BY COMMON CARRIER OR HE MAY BE PAID A MONETARY ALLOWANCE FOR THE DISTANCE INVOLVED FOR TRAVEL BY THAT MODE. ALSO, IT IS PROVIDED THAT FOR TRAVEL BY PRIVATELY OWNED VEHICLE A MEMBER MAY BE PAID A MONETARY ALLOWANCE AT THE PRESCRIBED RATE WHEN THE TRAVEL IS PERFORMED UNDER ORDERS AUTHORIZING SUCH MODE OF TRANSPORTATION AS MORE ADVANTAGEOUS TO THE GOVERNMENT.

IN VIEW OF THE DISCRETION AFFORDED THE ADMINISTRATIVE OFFICIALS IN DETERMINING THE MODE OF TRANSPORTATION THAT A MEMBER SHALL USE, THE FACT THAT YOUR ORDERS OF OCTOBER 10, 1961, AUTHORIZED YOU TO TRAVEL BY PRIVATELY OWNED VEHICLE CONSTITUTES NO BASIS FOR CONCLUDING THAT ANY ERROR WAS MADE IN YOUR PRIOR ORDERS WHICH DIRECTED THAT YOUR PRIVATELY OWNED VEHICLE WAS NOT TO ACCOMPANY YOU, A TRANSPORTATION REQUEST AND MEAL TICKETS HAVING BEEN FURNISHED FOR TRAVEL BY COMMON CARRIER.

THE LETTER OF APRIL 6, 1962, FROM THE ARMY INSPECTOR GENERAL, HEADQUARTERS, FIFTH UNITED STATES ARMY, ADVISING THAT YOU HAD A RIGHT TO SUBMIT A CLAIM FOR TRAVEL ALLOWANCE DID NOT CONSTITUTE A DETERMINATION THAT YOU WERE ENTITLED TO SUCH AN ALLOWANCE, THAT BEING A MATTER FOR DETERMINATION BY THIS OFFICE. AND, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE THE MATTERS THAT YOU HAVE PRESENTED CONSTITUTE NO BASIS FOR A MODIFICATION OF OUR PRIOR ACTION WITH RESPECT TO YOUR CLAIM AND THE DECISION OF AUGUST 30, 1961, IS AFFIRMED.

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