B-170423, NOV. 6, 1970

B-170423, NOV. 6, 1970

TRANSPORTATION ALLOWANCE SUSTAINING DISALLOWANCE OF CLAIM FOR DIFFERENCE BETWEEN TRANSPORTATION ALLOWANCE AND THE ACTUAL TRAVEL EXPENSES INCURRED FOR TRAVEL BY COMMERCIAL AIR INCIDENT TO ORDERS FOR ANNUAL ACTIVE DUTY FOR TRAINING AT ARMY RESEARCH OFFICE, ENGINEER SCIENCES DIVISION. MEMBER OF THE UNIFORMED SERVICES WHO CLAIMS HIS ORDERS TO DUTY WERE NOT RECEIVED UNTIL NOVEMBER 28, 1969, PRECLUDING OBTAINING A TRANSPORTATION REQUEST IN TIME BUT RECORD SHOWS THAT COMMERCIAL AIR TICKET WAS PURCHASED ON NOVEMBER 11, 1969, WITHOUT ANY ATTEMPT TO OBTAIN TRANSPORTATION REQUEST, MUST HAVE CLAIM FOR ADDITIONAL AMOUNT DENIED SINCE REIMBURSEMENT IN THIS CASE IS LIMITED TO MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT RATE OF FIVE CENTS PER MILE FOR OFFICIAL DISTANCE OF TRAVEL.

TO MR. CLETIS HARPER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 6, 1970, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE TRANSPORTATION ALLOWANCE YOU RECEIVED AND THE AMOUNT YOU PAID FOR COMMERCIAL TRANSPORTATION FROM TULSA, OKLAHOMA, TO DURHAM, NORTH CAROLINA, AND RETURN, DURING THE PERIOD DECEMBER 1 TO 12, 1969.

BY LETTER ORDER USAR:T-11-45857, DATED NOVEMBER 20, 1969, YOU WERE ORDERED TO REPORT ON DECEMBER 1, 1969, TO THE U. S. ARMY RESEARCH OFFICE (DURHAM) ENGINEER SCIENCES DIVISION FOR ANNUAL ACTIVE DUTY FOR TRAINING. YOU PERFORMED THE TRAVEL BY COMMERCIAL AIR FOR WHICH YOU PAID THE SUM OF $179.55.

VOUCHER NO. 1624 IN THE DECEMBER 1969 ACCOUNTS OF U. S. ARMY RESEARCH OFFICE, DURHAM, NORTH CAROLINA, 27706, SYMBOL NO. DSSN 5479, SHOWS THAT YOU WERE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN THE SUM OF $110.30 COMPUTED ON THE BASIS OF A ROUNDTRIP DISTANCE OF 2,206 MILES AT 5 CENTS PER MILE. YOU WERE ALSO PAID THE SUM OF $212 REPRESENTING PER DIEM FOR 13-1/4 DAYS AT $16 PER DAY. YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE TRANSPORTATION ALLOWANCE AND THE ACTUAL TRAVEL EXPENSES YOU INCURRED FOR AIR TRAVEL FROM TULSA TO DURHAM AND RETURN WAS DISALLOWED BY SETTLEMENT DATED JUNE 9, 1970, FOR THE REASON THAT THERE WAS NOTHING IN THE RECORD TO SHOW THAT A TRANSPORTATION REQUEST WAS NOT AVAILABLE TO YOU AT THE TIME AND PLACE REQUIRED. (PARAGRAPH M4203-2 JOINT TRAVEL REGULATIONS).

IN YOUR PRESENT LETTER YOU INDICATE THAT YOU DID NOT RECEIVE YOUR ORDERS OF NOVEMBER 20, 1969, UNTIL NOVEMBER 28, 1969, AND THAT YOU HAD NEITHER THE TIME TO SECURE A TRANSPORTATION REQUEST NOR WERE YOU ABLE TO OBTAIN ONE IN YOUR AREA (TULSA). IN ADDITION, YOU ASK HOW MUCH TRAVEL TIME IS ALLOWED BETWEEN THE POINTS INVOLVED (TULSA TO DURHAM) WHEN MILEAGE IS ALLOWED; YOU REQUEST INFORMATION CONCERNING PARAGRAPH M4003, JOINT TRAVEL REGULATIONS AND AS TO WHO COMPRISES THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE TRAVEL OF MEMBERS OF THE RESERVE COMPONENTS ORDERED TO ANNUAL ACTIVE DUTY FOR TRAINING IS GOVERNED BY PARAGRAPH M6001 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 404(A)(4). PARAGRAPH M6001- 1(B) PROVIDES THAT MEMBERS OF THE RESERVE COMPONENTS WHO ARE ENTITLED TO PER DIEM ALLOWANCES ON DAY OF ARRIVAL AT OR DEPARTURE FROM THEIR PERMANENT DUTY STATION WILL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES INCIDENT TO CALL (OR ORDER) TO ACTIVE DUTY OR RELIEF FROM ACTIVE DUTY AS FOR TEMPORARY DUTY TRAVEL UNDER CHAPTER 4, PART C, E, F, OR I OF THE REGULATIONS AS APPROPRIATE.

PART E OF CHAPTER 4 OF THE REGULATIONS IS APPROPRIATE TO YOUR TRAVEL. PARAGRAPH M4203 THEREOF PROVIDES IN PART AS FOLLOWS:

"M4203 TRANSPORTATION

1. TRANSPORTATION IN KIND. TRANSPORTATION (INCLUDING BERTHS, PARLOR CAR SEATS, OR STATEROOMS, WHEN REQUIRED) IN KIND MAY BE FURNISHED AS CONTEMPLATED BY THE ORDERS, AS AUTHORIZED IN CHAPTER 2, PART A.

2. REIMBURSEMENT FOR COST OF TRANSPORTATION. WHEN TRANSPORTATION REQUESTS ARE NOT AVAILABLE TO THE TRAVELER AT THE TIME AND PLACE REQUIRED OR WHEN T/R'S ARE AVAILABLE BUT THE TRAVELER PROCURES TRANSPORTATION AT OWN EXPENSE ON COMMON CARRIERS IN AMOUNTS OF $15 (PLUS TAX) OR LESS (INCLUDING SLEEPING ACCOMMODATIONS OR PARLOR CAR SEATS), HE MAY ELECT TO RECEIVE REIMBURSEMENT FOR THE ACTUAL COST OF TRANSPORTATION TO THE TRAVELER FOR THE MODE OF TRANSPORTATION AUTHORIZED AND ACTUALLY USED, BASED UPON HIS CERTIFICATION AS TO THE COST INVOLVED.

3. MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION

A. TRAVEL AT PERSONAL EXPENSE. EXCEPT AS PROVIDED IN SUBPARS. 2 AND B, WHEN AUTHORIZED TRAVEL IS PERFORMED AT PERSONAL EXPENSE, THE MEMBER WILL BE REIMBURSED A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE."

UNDER SUCH REGULATORY PROVISIONS A MILITARY TRAVELER MAY BE FURNISHED TRANSPORTATION IN KIND (TRANSPORTATION REQUESTS). WHEN TRANSPORTATION REQUESTS ARE NOT AVAILABLE AT THE TIME AND PLACE REQUIRED, OR WHEN THEY ARE AVAILABLE BUT THE MEMBER PROCURES TRANSPORTATION AT HIS OWN EXPENSE ON COMMON CARRIERS IN AMOUNTS OF $15 OR LESS, HE MAY BE REIMBURSED THE COST OF SUCH TRANSPORTATION. WHEN, HOWEVER, THE COST OF TRAVEL BY COMMON CARRIERS IS IN EXCESS OF $15 REIMBURSEMENT IS LIMITED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE. SUBPARAGRAPH B RELATES TO TRAVEL BY PRIVATELY OWNED CONVEYANCE.

ALTHOUGH YOU SAY YOU DID NOT RECEIVE YOUR ORDERS UNTIL NOVEMBER 28, 1969, IT IS NOTED THAT YOU PURCHASED YOUR COMMERCIAL AIR TRANSPORTATION ON NOVERMBER 11, 1969, AND APPARENTLY MADE NO ATTEMPT TO OBTAIN A TRANSPORTATION REQUEST. EVEN IF YOU HAD MADE SUCH A REQUEST AND A TRANSPORTATION REQUEST WAS NOT AVAILABLE TO YOU, THERE IS NO AUTHORITY UNDER THE PROVISIONS OF PARAGRAPH M4203(2) OF THE REGULATIONS TO REIMBURSE YOU FOR THE COST OF YOUR TRAVEL ON ANY BASIS OTHER THAN THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT A RATE OF $0.05 PER MILE AS YOU HAVE BEEN PAID.

CONCERNING YOUR QUESTION AS TO HOW MUCH TRAVEL TIME IS ALLOWED BETWEEN POINTS INVOLVED WHEN MILEAGE IS ALLOWED, PARAGRAPH M4204-3(A) OF THE REGULATIONS PROVIDES GENERALLY THAT THE PER DIEM ALLOWANCES PAYABLE FOR TRAVEL BETWEEN DUTY POINTS WILL BE BASED UPON ACTUAL AND NECESSARY SCHEDULES BY COMMON CARRIER, DEPENDING UPON WHICH MEANS OF TRANSPORTATION IS USED. IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPH 3-41 C(5), ARMY REGULATIONS 37-106, PROVIDES PER DIEM ALLOWANCES ARE PAYABLE FOR THE TIME CONSUMED IN TRAVEL, NOT TO EXCEED THAT PAYABLE FOR CONSTRUCTIVE TRAVEL OVER A USUALLY TRAVELED ROUTE BY AIR OR SURFACE COMMON CARRIER, WHICHEVER MORE NEARLY MEETS THE REQUIREMENTS OF THE ORDER AND IS MORE ECONOMICAL TO THE GOVERNMENT WHEN COMMON CARRIER TRANSPORTATION IS OBTAINED AT PERSONAL EXPENSE. YOU WERE PAID PER DIEM ON THAT BASIS.

WITH REGARD TO YOUR REQUEST FOR INFORMATION CONCERNING PARAGRAPH M4003 OF THE REGULATIONS, PARAGRAPH M4003 IS INCLUDED AS PART A OF CHAPTER 4 OF THE REGULATIONS AND UNDER THE PROVISIONS OF PARAGRAPH M6001 IS NOT APPLICABLE TO MEMBERS OF RESERVE COMPONENTS CALLED OR ORDERED TO ACTIVE DUTY. PROVIDES, HOWEVER, AS FOLLOWS:

"ACTUAL EXPENSES MAY BE AUTHORIZED BEFORE TRAVEL COMMENCES OR APPROVED AFTER TRAVEL HAS BEEN PERFORMED. THEY MAY BE AUTHORIZED FOR THE ENTIRE PERIOD OF A TRIP INCLUDING TRAVEL TIME OR, WHEN APPROPRIATE, MILEAGE, PER DIEM, OR ACTUAL EXPENSES MAY BE AUTHORIZED FOR DIFFERENT PORTIONS OF THE SAME TRIP. THE PERIOD FOR WHICH ACTUAL EXPENSE ALLOWANCES ARE AUTHORIZED WILL BE INDICATED IN THE ACTUAL EXPENSE AUTHORIZATION ISSUED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE. PER DIEM ALLOWANCE AND ACTUAL EXPENSE ALLOWANCE WILL NOT BE AUTHORIZED FOR THE SAME PERIOD OF TIME. THE ACTUAL EXPENSE AUTHORIZATIONS ISSUED BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE WILL BE FILED IN SUPPORT OF THE VOUCHER UPON WHICH THE ACTUAL EXPENSE ALLOWANCES ARE CLAIMED AND WILL GOVERN REIMBURSEMENT FOR THE TRAVEL INVOLVED NOTWITHSTANDING THE TERMS OF THE ORDERS INVOLVED."

WITH RESPECT TO YOUR QUESTION AS TO WHO COMPRISES THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE IS CHARTERED UNDER THE DEPARTMENT OF DEFENSE WITH MEMBERSHIP AT THE UNDER SECRETARY OR ASSISTANT SECRETARY LEVEL OF THE MILITARY DEPARTMENTS IN THE DEPARTMENT OF DEFENSE. THE COMMITTEE ALSO INCLUDES THE ASSOCIATE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, THE COMMANDANT OF THE COAST GUARD, AND THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE.

SINCE IN THE CIRCUMSTANCES INVOLVED HERE, THE REGULATIONS AUTHORIZE REIMBURSEMENT ONLY FOR TRAVEL ON THE BASIS OF A MONETARY ALLOWANCE FOR TRANSPORTATION AT THE RATE OF 5 CENTS PER MILE, THERE IS NO AUTHORITY TO ALLOW YOU ANY ADDITIONAL AMOUNT FOR YOUR TRAVEL FROM TULSA TO DURHAM AND RETURN. ACCORDINGLY, THE SETTLEMENT OF JUNE 9, 1970, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.