B-140560, OCT. 12, 1959

B-140560, OCT. 12, 1959

TO LIEUTENANT COLONEL GEORGE W. MCRORY, JR., UNITED STATES AIR FORCE:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON AUGUST 11, 1959, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION ACROSS THE ENGLISH CHANNEL INCIDENT TO CHANGE OF PERMANENT STATION UNDER ORDERS OF AUGUST 29, 1958.

THE ORDERS DATED AUGUST 29, 1958, RELIEVED YOU FROM DUTY IN GERMANY AND ASSIGNED YOU TO DUTY IN ENGLAND. THESE ORDERS, WHICH AUTHORIZED CONCURRENT TRAVEL FOR YOU AND YOUR DEPENDENTS, AUTHORIZED SUCH TRAVEL TO BE PERFORMED EITHER BY MILITARY AIRCRAFT OR BY PRIVATELY OWNED VEHICLE, AS YOU MIGHT ELECT. YOU TRAVELED WITH YOUR DEPENDENTS (WIFE AND THREE CHILDREN) BY AUTOMOBILE, FOR WHICH YOU HAVE BEEN REIMBURSED ON A MILEAGE BASIS. YOU NOW CLAIM ADDITIONAL REIMBURSEMENT IN THE SUM OF $24.40 REPRESENTING FOUR FARES AT $6.10 EACH FOR YOUR DEPENDENTS' TRAVEL PERFORMED ACROSS THE ENGLISH CHANNEL.

IT CONSISTENTLY HAS BEEN HELD THAT UNDER STATUTES AUTHORIZING REIMBURSEMENT FOR OFFICIAL TRAVEL ON A MILEAGE BASIS SUCH MILEAGE ALLOWANCE CONSTITUTES A COMMUTATION OF ALL TRANSPORTATION EXPENSES, INCLUDING FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS, IN THE ABSENCE OF AN EXPRESS PROVISION TO THE CONTRARY. 11 COMP. GEN. 175; 15 ID. 819; 22 ID. 572; 34 ID. 530. SUCH A PROVISION IS FOUND IN THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 837, CONCERNING MILEAGE ALLOWANCES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT, SECTION 4 OF WHICH PROVIDES THAT IN ADDITION TO THE MILEAGE ALLOWANCES THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS. IT HAS BEEN CONCLUDED THAT FARES CHARGED BY VESSELS PLYING BETWEEN ENGLISH AND FRENCH CHANNEL PARTS ARE FERRY FARES WITHIN THE MEANING OF THAT TERM AS USED IN THE TRAVEL EXPENSE ACT OF 1949, AND THAT, THEREFORE, CIVILIAN EMPLOYEES OF THE GOVERNMENT MAY BE REIMBURSED THE ACTUAL COST OF SUCH FARES IN ADDITION TO MILEAGE. HOWEVER, SINCE THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, WHICH GOVERNS THE TRAVEL AND TRANSPORATION ALLOWANCES PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES FOR OFFICIAL TRAVEL, MAKES NO PROVISION FOR ALLOWING FERRY FARES IN ADDITION TO MILEAGE, IT FOLLOWS THAT REIMBURSEMENT OF THE ACTUAL COST OF FERRY FARES TO SUCH MEMBERS TRAVELING IN A MILEAGE STATUS IS NOT AUTHORIZED. ACCORDINGLY, THE SETTLEMENT OF JUNE 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF YOUR DEPENDENTS ACROSS THE ENGLISH CHANNEL BASED ON THE "AVERAGE FARE AGREEMENT" BETWEEN THE UNITED STATES AIR FORCE AND BRITISH TRANSPORT COMMISSION IS SUSTAINED.

IN CASES, HOWEVER, WHERE ANY ALLOWANCE FOR FERRY FARES IN ADDITION TO MILEAGE IS PRECLUDED, THE MILEAGE PROPERLY IS TO BE COMPUTED OVER THE DISTANCE ACTUALLY TRAVELED, INCLUDING THE DISTANCE TRAVELED BY FERRIES. IF, AS YOU INDICATE, THE MILEAGE WHICH HAS BEEN PAID YOU FOR THE TRAVEL HERE INVOLVED DID NOT INCLUDE THE DISTANCE BETWEEN CHANNEL PORTS, A CLAIM FOR SUCH ADDITIONAL MILEAGE MAY BE FILED WITH OUR CLAIMS DIVISION. SUCH CLAIM, IF SUBMITTED, SHOULD SHOW THE POINTS BETWEEN WHICH THE CROSSING WAS MADE.