B-121043, OCT 5, 1954

B-121043: Oct 5, 1954

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COLONEL BELCHER WAS RELIEVED FROM ASSIGNMENT AND DUTY WITH THE 7470TH HEADQUARTERS SUPPORT SQUADRON. WAS ASSIGNED TO UNITED STATES AIR FORCES IN EUROPE. THE ORDERS AUTHORIZED THREE DAYS' TRAVEL TIME FOR TRAVEL BY PRIVATE AUTO AND PROVIDED THAT IF PRIVATELY OWNED CONVEYANCE WAS NOT USED THE TRAVEL TIME WOULD BE THE TIME REQUIRED BY THE COMMON CARRIER USED. THE ORDERS ALSO AUTHORIZED MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS AND PROVIDED THAT RAIL TRANSPORTATION WITHIN GERMANY WAS CHARGEABLE AGAINST OCCUPATION FUNDS. SUCH ORDERS WERE AMENDED BY PARAGRAPH 1. IT APPEARS THAT THE TRAVEL INVOLVED WAS PERFORMED BY THE OFFICER AND HIS WIFE BY PRIVATELY OWNED AUTOMOBILE AND THAT A TRAVEL ALLOWANCE HAS BEEN PAID FOR THAT PORTION OF THE TRAVEL FROM FLORENCE.

B-121043, OCT 5, 1954

PRECIS-UNAVAILABLE

MAJOR A.E. GATES, JR., DEPARTMENT OF THE AIR FORCE:

BY LETTER DATED AUGUST 12, 1954, THE ASSISTANT DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTER OF OCTOBER 28, 1953, WITH ENCLOSURES, REQUESTING DECISION AS TO THE RIGHT OF LIEUTENANT COLONEL DELBERT R. BELCHER, USAF, 7077A, TO BE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL PERFORMED IN OCCUPIED GERMANY BY HIMSELF AND HIS DEPENDENT WIFE UNDER THE CIRCUMSTANCES SHOWN IN THE ENCLOSURES.

BY PARAGRAPH 4, SPECIAL ORDERS NO. 91, 7470TH HEADQUARTERS SUPPORT SQUADRON, APO 633, DATED MAY 6, 1953, COLONEL BELCHER WAS RELIEVED FROM ASSIGNMENT AND DUTY WITH THE 7470TH HEADQUARTERS SUPPORT SQUADRON, FLORENCE, ITALY, AND WAS ASSIGNED TO UNITED STATES AIR FORCES IN EUROPE, WIESBADEN, GERMANY, TO REPORT NOT LATER THAN JUNE 15, 1953, FOR PERMANENT CHANGE OF STATION. THE ORDERS AUTHORIZED THREE DAYS' TRAVEL TIME FOR TRAVEL BY PRIVATE AUTO AND PROVIDED THAT IF PRIVATELY OWNED CONVEYANCE WAS NOT USED THE TRAVEL TIME WOULD BE THE TIME REQUIRED BY THE COMMON CARRIER USED. THE ORDERS ALSO AUTHORIZED MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS AND PROVIDED THAT RAIL TRANSPORTATION WITHIN GERMANY WAS CHARGEABLE AGAINST OCCUPATION FUNDS. SUCH ORDERS WERE AMENDED BY PARAGRAPH 1, SPECIAL ORDERS NO. 93, SAME HEADQUARTERS, DATED MAY 8, 1953, TO AUTHORIZE 12 DAYS' DELAY EN ROUTE AND CHANGED THE REPORTING DATE TO JUNE 27, 1953.

IT APPEARS THAT THE TRAVEL INVOLVED WAS PERFORMED BY THE OFFICER AND HIS WIFE BY PRIVATELY OWNED AUTOMOBILE AND THAT A TRAVEL ALLOWANCE HAS BEEN PAID FOR THAT PORTION OF THE TRAVEL FROM FLORENCE, ITALY, TO THE GERMAN BORDER, BUT THAT PAYMENT OF SUCH ALLOWANCE HAS NOT BEEN MADE FOR THE TRAVEL PERFORMED FROM THE GERMAN BORDER TO WIESBADEN, GERMANY, BECAUSE TRANSPORTATION WAS AVAILABLE FOR THE REQUIRED TRAVEL WITHIN OCCUPIED GERMANY AT NO COST TO THE GOVERNMENT OR THE TRAVELER.

YOUR REQUEST FOR DECISION APPEARS TO BE BASED ON COLONEL BELCHER'S CONTENTION THAT NO TRANSPORTATION REQUEST WAS AVAILABLE AT FLORENCE FOR TRAVEL WITHIN GERMANY AT NO EXPENSE TO THE GOVERNMENT; THAT NO FACILITIES EXISTED AT THE GERMAN BORDER HIGHWAY OR RAILROAD CROSSING POINTS FOR THE ISSUANCE OF SUCH A TRANSPORTATION REQUEST; AND THAT HE IS NOT THEREFORE PRECLUDED FROM RECEIVING A TRANSPORTATION ALLOWANCE UNDER PARAGRAPH 2100 OF THE JOINT TRAVEL REGULATIONS SINCE THE PROVISIONS OF SUCH PARAGRAPH ARE APPLICABLE ONLY WHERE TRAVEL MAY BE PERFORMED AT NO COST TO THE GOVERNMENT OR THE TRAVELER. THE PAPERS ACCOMPANYING YOUR REQUEST FOR DECISION DO NOT AFFIRM OR DENY COLONEL BELCHER'S CONTENTIONS. THE ASSISTANT DIRECTOR OF FINANCE STATES THAT HEADQUARTERS, UNITED STATES AIR FORCES IN EUROPE, HAS INDICATED THAT IT IS NOT ADMINISTRATIVELY FEASIBLE TO PROVIDE FOR ISSUANCE OF TRANSPORTATION REQUESTS AGAINST OCCUPATION FUNDS TO COVER ALL TRAVEL STARTING OUTSIDE AND ENDING INSIDE GERMANY. HOWEVER, NO COPY OF A REPORT TO THAT EFFECT HAS BEEN SUBMITTED AND IT SEEMS IMPROBABLE THAT ANY DIFFICULTY WOULD HAVE BEEN ENCOUNTERED IN OBTAINING A TRANSPORTATION REQUEST BY COLONEL BELCHER IF HE ACTUALLY DESIRED TO OBTAIN ONE. IN THAT CONNECTION IT IS NOTED THAT OVER A MONTH ELAPSED BETWEEN THE DATE OF HIS ORDERS AND THE DATE HE WAS REQUIRED TO LEAVE HIS OLD STATION. NO REASON IS APPARENT WHY A TRANSPORTATION REQUEST, IF DESIRED, COULD NOT HAVE BEEN OBTAINED IN THAT PERIOD OF TIME FROM SOME NEARBY POINT IF SUCH A REQUEST COULD NOT BE OBTAINED AT HIS STATION. ALSO, SINCE HE WAS TRAVELING BY HIS OWN AUTOMOBILE, IT MAY BE ASSUMED THAT HE DID NOT WANT A TRANSPORTATION REQUEST AND WOULD NOT HAVE USED ONE HAD IT BEEN IMMEDIATELY AVAILABLE.

THE CITED PARAGRAPH 2100 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE PAYMENT OF TRANSPORTATION ALLOWANCE IN LIEU OF TRANSPORTATION PRESCRIBED IN PARAGRAPHS 4203-3 AND 7003 IS NOT AUTHORIZED FOR TRAVEL PERFORMED IN OCCUPIED AREAS WHERE TRAVEL MAY BE PERFORMED AT NO COST TO THE GOVERNMENT OR THE TRAVELER, UNLESS THE MODE OF TRANSPORTATION EMPLOYED WAS SPECIFICALLY DIRECTED AS MOST ADVANTAGEOUS TO THE GOVERNMENT.

FROM THE FACTS DISCLOSED, IT DOES NOT APPEAR THAT THE OFFICER COULD NOT HAVE TRAVELED WITHIN GERMANY AT NO EXPENSE TO HIMSELF OR TO THE GOVERNMENT AND SINCE ORDERS OF MAY 6, 1953, AS AMENDED, DO NOT DIRECT TRAVEL BY PRIVATELY OWNED CONVEYANCE AS MOST ADVANTAGEOUS TO THE GOVERNMENT, IT FOLLOWS THAT ON THE PRESENT RECORD THERE IS NO AUTHORITY FOR THE PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL PERFORMED IN THAT COUNTRY.

THE PAPERS SUBMITTED WITH YOUR REQUEST FOR DECISON ARE RETAINED IN THIS OFFICE.

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