B-137318, NOV 20, 1958

B-137318: Nov 20, 1958

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SCHUBERT: REFERENCE IS MADE TO YOUR CLAIM DATED MAY 26. THIS CLAIM WHICH IS IDENTICAL TO AN EARLIER CLAIM MADE BY YOU AND DISALLOWED BY SETTLEMENT OF AUGUST 6. WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED IS ESTIMATED AT 1. REIMBURSEMENT IS CLAIMED FOR SUCH TRAVEL EXPENSE AT 5 OR 6 CENTS PER MILE. NO ORDERS APPEAR TO HAVE BEEN ISSUED FOR SUCH TRAVEL. WHICH SEEMS TO HAVE BEEN IN THE NATURE OF DUTY AS FIELD N.C.O. ARE CONTAINED IN ARMY REGULATIONS 35 4810. THEY ARE COVERED BY THE JOINT TRAVEL REGULATIONS. ARMY REGULATIONS 35-4810 PROVIDE THAT THE SECRETARY OF THE ARMY IS AUTHORIZED TO DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS WITHIN THE MEANING OF LAWS GOVERNING THE PAYMENT OF MILEAGE AND OTHER TRAVEL EXPENSES AND DEFINE TRAVEL STATUS AS INCLUDING NECESSARY TEMPORARY DUTY AWAY FROM A PERMANENT STATION.

B-137318, NOV 20, 1958

PRECIS-UNAVAILABLE

MR. ROY G. SCHUBERT:

REFERENCE IS MADE TO YOUR CLAIM DATED MAY 26, 1958, FORWARDED HERE BY THE DEPARTMENT OF THE ARMY, SETTLEMENTS DIVISION, FINANCE CENTER, INDIANAPOLIS 49, INDIANA, FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE USE OF YOUR PRIVATELY OWNED VEHICLE FOR OFFICIAL USE AND FORMATIONS BELIEVED DUE DURING PERIOD DECEMBER 1, 1950, TO JULY 20, 1951, WHILE TRAVELING IN AND AROUND CAMP MCCOY, WISCONSIN, AND 5TH ARMY HEADQUARTERS, AS SERGEANT, ARMY OF THE UNITED STATES, SERIAL NUMBER ER 36 646 661. THIS CLAIM WHICH IS IDENTICAL TO AN EARLIER CLAIM MADE BY YOU AND DISALLOWED BY SETTLEMENT OF AUGUST 6, 1956, WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED IS ESTIMATED AT 1,000 MILES PER WEEK, WHICH, FOR 33 WEEKS, TOTALED 33,000 MILES. REIMBURSEMENT IS CLAIMED FOR SUCH TRAVEL EXPENSE AT 5 OR 6 CENTS PER MILE, PLUS RATIONS AND ACCRUED INTEREST DUE FOR PERIOD INVOLVED. NO ORDERS APPEAR TO HAVE BEEN ISSUED FOR SUCH TRAVEL, WHICH SEEMS TO HAVE BEEN IN THE NATURE OF DUTY AS FIELD N.C.O. IN CHARGE OF POST THEATRES IN AND AROUND CAMP MCCOY.

THE REGULATIONS GOVERNING REIMBURSEMENT OF EXPENSES OF TRAVEL FOR THE PERIOD PRIOR TO APRIL 1, 1951, ARE CONTAINED IN ARMY REGULATIONS 35 4810, DATED JUNE 1, 1948. COMMENCING APRIL 1, 1951, THEY ARE COVERED BY THE JOINT TRAVEL REGULATIONS. ARMY REGULATIONS 35-4810 PROVIDE THAT THE SECRETARY OF THE ARMY IS AUTHORIZED TO DETERMINE WHAT SHALL CONSTITUTE A TRAVEL STATUS WITHIN THE MEANING OF LAWS GOVERNING THE PAYMENT OF MILEAGE AND OTHER TRAVEL EXPENSES AND DEFINE TRAVEL STATUS AS INCLUDING NECESSARY TEMPORARY DUTY AWAY FROM A PERMANENT STATION. PARAGRAPH 3050, JOINT TRAVEL REGULATIONS, ALSO PROVIDES THAT A MEMBER WILL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM A PERMANENT DUTY STATION, PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDED THAT EXPENSES INCURRED AT A DUTY STATION INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION ARE NOT PAYABLE BY THE GOVERNMENT.

THE RECORD SHOWS THAT CAMP MCCOY WAS YOUR DUTY STATION DURING THE ENTIRE PERIOD OF YOUR CLAIM AND YOUR TRAVEL APPEARS TO HAVE BEEN PERFORMED IN AND AROUND CAMP MCCOY. ACCORDINGLY, YOU WERE NOT IN A TRAVEL STATUS WITHIN THE PURVIEW OF THE CITED REGULATIONS AND NOT ENTITLED TO REIMBURSEMENT OF THE INCURRED EXPENSES. PAYMENT OF SEPARATE RATIONS TO ENLISTED PERSONNEL IS NOT AUTHORIZED IN THE ABSENCE OF COMPETENT AUTHORITY FOR THEM TO MESS SEPARATELY. SEE ARMY REGULATIONS 35-4520 DATED JANUARY 28, 1949.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 6, 1956, IS SUSTAINED.

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