B-137146, SEP 18, 1958

B-137146, SEP 18, 1958

PRECIS-UNAVAILABLE

MR. QUAY JORGENSEN:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 31, 1958, FORWARDED HERE BY THE DEPARTMENT OF THE ARMY ON JULY 28, 1958, PRESENTING CLAIM FOR TRAVEL ALLOWANCES FOR YOURSELF AND DEPENDENT FOR TRAVEL FROM SAN JOSE, COSTA RICA, TO FORT JACKSON, SOUTH CAROLINA, DURING THE PERIOD FEBRUARY 8 TO MARCH 5, 1957, WHILE YOU WERE SERVING AS FIRST LIEUTENANT, CORPS OF ENGINEERS. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT DATED MAY 7, 1957, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY LETTER ORDERS NO. 226, ISSUED ON JANUARY 23, 1957, BY HEADQUARTERS UNITED STATES ARMY CARIBBEAN, FORT AMADOR, CANAL ZONE, YOU WERE RELEASED FROM YOUR ASSIGNMENT AT FORT CLAYTON, CANAL ZONE, AND FROM YOUR DUTY STATION, SAN JOSE, COSTA RICA, AND TRANSFERRED TO FORT JACKSON, SOUTH CAROLINA, FOR RELEASE FROM ACTIVE DUTY. THE ORDERS STATED THAT ON OR ABOUT FEBRUARY 9, 1957, YOU WOULD PROCEED TO THE CONTINENTAL UNITED STATES BY PRIVATELY OWNED VEHICLE WITH POINT OF ENTRY LAREDO, TEXAS; THAT YOU HAD PERMISSION TO TRAVEL THROUGH NICARAGUA, HONDURAS, EL SALVADOR, GUATEMALA AND MEXICO; AND THAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED UNDER AUTHORITY OF CHANGE 43, PARAGRAPH 4159, JOINT TRAVEL REGULATIONS. YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY SPECIAL ORDERS NO. 52, FORT JACKSON, SOUTH CAROLINA, DATED MARCH 7, 1957, IN WHICH IT IS SHOWN THAT YOUR HOME OF RECORD IS CENTRALIA, WASHINGTON. YOU WERE PAID MILEAGE FOR YOUR TRAVEL BASED ON THE DISTANCE FROM NEW ORLEANS, LOUISIANA, TO FORT JACKSON, SOUTH CAROLINA, AND THENCE TO CENTRALIA, WASHINGTON, AND MILEAGE FOR YOUR DEPENDENTS AS FOR TRAVEL FROM LAREDO, TEXAS, TO CENTRALIA, WASHINGTON. ALSO THE RECORD SHOWS THAT 21 DAYS' DELAY EN ROUTE FROM SAN JOSE TO FORT JACKSON WAS CHARGED TO YOUR ACCRUED LEAVE. YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCES WAS DISALLOWED BY THE SETTLEMENT DATED MAY 7, 1957. IN YOUR PRESENT LETTER YOU CONTEND THAT YOU SHOULD BE PAID TRAVEL ALLOWANCES FOR YOURSELF AND YOUR DEPENDENTS FOR TRAVEL FROM SAN JOSE, COSTA RICA, TO LAREDO, TEXAS; THAT THE TIME SPENT IN TRAVELING SHOULD BE CONSIDERED AS TRAVEL TIME, AND THAT YOU SHOULD BE PAID FOR AN EQUAL PERIOD OF TIME AS ACCRUED LEAVE. IN THE EVENT YOUR CLAIM ON THAT BASIS IS NOT VALID, YOU REQUEST THAT YOU BE PAID WHAT IT WOULD HAVE COST THE GOVERNMENT TO TRANSPORT YOURSELF AND DEPENDENTS TO THE CONTINENTAL UNITED STATES BY COMMERCIAL AIR, AND TO SHIP YOUR AUTOMOBILE TO THE CONTINENTAL UNITED STATES BY COMMERCIAL MEANS.

TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE ARMED SERVICES AND THEIR DEPENDENTS UPON CHANGE OF STATION ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 4159 (CHANGE 43) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS FROM A POINT OUTSIDE THE UNITED STATES (EXCEPT IN CANADA OR MEXICO) TO A POINT IN THE UNITED STATES IS ENTITLED TO GOVERNMENT TRANSPORTATION, IF AVAILABLE, GOVERNMENT FURNISHED TRANSPORTATION, OR REIMBURSEMENT THEREFOR TO APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION IN THE UNITED STATES, AND TO TRANSPORTATION, REIMBURSEMENT THEREFOR OR A MONETARY ALLOWANCE FROM THE PORT TO THE STATION. MILEAGE FOR TRAVEL FROM POINTS OUTSIDE THE UNITED STATES IS AUTHORIZED BY THAT PARAGRAPH ONLY WHEN THE POINTS ARE IN CANADA OR MEXICO. PARAGRAPH 7002, JOINT TRAVEL REGULATIONS, CHANGE 43, PROVIDES THAT TRANSPORTATION FOR TRAVEL OF DEPENDENTS FROM POINTS OUTSIDE THE UNITED STATES EXCEPT CANADA OR MEXICO WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL OR AIRCRAFT, IF AVAILABLE. THUS, UNDER THE CONTROLLING REGULATIONS, TRAVEL FOR YOURSELF AND YOUR DEPENDENTS FROM SAN JOSE, COSTA RICA, TO THE UNITED STATES COULD NOT PROPERLY HAVE BEEN ORDERED AT PRIVATELY OWNED AUTOMOBILE ON A REIMBURSEABLE BASIS. UNDER THE CIRCUMSTANCES, IT MUST BE CONSIDERED THAT THE USE OF YOUR AUTOMOBILE FOR THE TRAVEL WAS PERMITTED FOR YOUR CONVENIENCE RATHER THAN DIRECTED PURSUANT TO CONTROLLING REGULATIONS. THUS, THERE IS NO BASIS FOR PAYMENT OF TRAVEL ALLOWANCES OR FOR THE LEAVE USED IN TRAVELING BY THAT MEANS.

WITH RESPECT TO YOUR AUTOMOBILE, WHILE THERE IS STATUTORY AUTHORITY FOR SHIPMENT BY THE GOVERNMENT OF PRIVATELY OWNED AUTOMOBILES OF MEMBERS OF THE ARMED SERVICES FROM OVERSEAS STATIONS TO THE UNITED STATES UNDER CERTAIN CIRCUMSTANCES, THERE APPEARS TO HAVE BEEN NO LAW OR REGULATION IN EFFECT AT THE TIME OF YOUR TRAVEL UNDER WHICH YOUR AUTOMOBILE COULD HAVE BEEN SHIPPED FROM YOUR OVERSEAS STATION TO THE UNITED STATES ON OTHER THAN A SPACE-AVAILABLE BASIS. ACCORDINGLY, THERE APPEARS NO LEGAL BASIS FOR THE PAYMENT OF THAT PART OF YOUR CLAIM.

YOU MAY, HOWEVER, BE REIMBURSED FOR EXPENSES ACTUALLY INCURRED BY YOU FOR TRANSPORTATION OF YOURSELF AND YOUR DEPENDENTS FROM SAN JOSE, COSTA RICA, TO LAREDO, TEXAS, PLUS MILEAGE FOR YOURSELF FROM LAREDO TO FORT JACKSON AND FOR YOUR DEPENDENTS FROM NEW ORLEANS TO CENTRALIA, LESS MILEAGE HERETOFORE PAID TO YOU INCIDENT TO THE ORDERS INVOLVED, NOT TO EXCEED THE COST OF TRANSPORTATION FOR YOURSELF AND DEPENDENTS BY COMMERCIAL AIR FROM COSTA RICA, TO NEW ORLEANS, PLUS MILEAGE FOR YOURSELF TO FORT JACKSON AND FOR YOUR DEPENDENTS TO CENTRALIA. IN THE EVENT THAT YOU DO NOT NOW HAVE RECEIPTS OR OTHER ACCURATE RECORD OF SUCH EXPENSES, YOUR STATEMENT AS TO THE MAKE OF CAR USED AND THE DISTANCE TRAVELED, TOGETHER WITH SUCH EVIDENCE AS MAY BE AVAILABLE TO YOU CONCERNING THE COST OF GASOLINE AND OIL, WILL BE CONSIDERED IN DETERMINING THE AMOUNT WHICH MAY BE ALLOWED YOU.