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B-162622, MARCH 4, 1968, 47 COMP. GEN. 477

B-162622 Mar 04, 1968
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TRAVEL EXPENSES - MILITARY PERSONNEL - HEADQUARTERS - PROHIBITION ALTHOUGH MEMBERS OF THE MILITARY AIRLIFT COMMAND CREWS WHO IN ADDITION TO THE PER DIEM IN LIEU OF SUBSISTENCE PRESCRIBED BY 37 U.S.C. 404 (E) FOR ROUND-TRIP FLIGHTS FROM A PERMANENT DUTY STATION WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL ARE DEEMED TO BE ENTITLED TO REIMBURSEMENT FOR THE MISCELLANEOUS TRAVEL EXPENSES PRESCRIBED BY PARAGRAPH M3050 OF THE JOINT TRAVEL REGULATIONS. THEY ARE NOT CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY WITHIN THE CONTEMPLATION OF THE PARAGRAPH AND. 1968: FURTHER REFERENCE IS MADE TO LETTER DATED SEPTEMBER 18. RECEIVE REIMBURSEMENT FOR THOSE EXPENSES THAT ARE REIMBURSABLE TO MEMBERS IN A TRAVEL STATUS AS CONTEMPLATED BY VOLUME I.

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B-162622, MARCH 4, 1968, 47 COMP. GEN. 477

TRAVEL EXPENSES - MILITARY PERSONNEL - TRAVEL STATUS - ABSENT ORDERS - MISCELLANEOUS EXPENSES MEMBERS OF THE UNIFORMED SERVICES WHO UNDER 37 U.S.C. 404 (E) RECEIVE A PER DIEM IN LIEU OF SUBSISTENCE WHEN PERFORMING FLIGHTS FROM A PERMANENT DUTY STATION TO SOME OTHER POINT AND RETURN WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL MAY BE REIMBURSED THE MISCELLANEOUS EXPENSES CONTEMPLATED BY VOLUME I, CHAPTER 4, PART I, JOINT TRAVEL REGULATIONS FOR MEMBERS IN A TRAVEL STATUS, AND THE REGULATIONS AMENDED ACCORDINGLY, IN VIEW OF THE GOVERNMENT'S GENERAL OBLIGATION TO MAKE REIMBURSEMENT FOR EXPENSES NECESSARILY INCURRED IN PERFORMING DUTY AWAY FROM A PERMANENT DUTY STATION. ALTHOUGH TRAVEL ORDERS MAY NOT BE ISSUED TO MEMBERS COVERED BY SECTION 404 (E), CLAIMS FOR REIMBURSEMENT MAY BE PAID ON THE CERTIFICATION OF THE APPROPRIATE UNIT COMMANDER. B-142359, JULY 1, 1960, MODIFIED. TRAVEL EXPENSES - MILITARY PERSONNEL - HEADQUARTERS - PROHIBITION ALTHOUGH MEMBERS OF THE MILITARY AIRLIFT COMMAND CREWS WHO IN ADDITION TO THE PER DIEM IN LIEU OF SUBSISTENCE PRESCRIBED BY 37 U.S.C. 404 (E) FOR ROUND-TRIP FLIGHTS FROM A PERMANENT DUTY STATION WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL ARE DEEMED TO BE ENTITLED TO REIMBURSEMENT FOR THE MISCELLANEOUS TRAVEL EXPENSES PRESCRIBED BY PARAGRAPH M3050 OF THE JOINT TRAVEL REGULATIONS, THEY ARE NOT CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY WITHIN THE CONTEMPLATION OF THE PARAGRAPH AND, THEREFORE, MAY NOT BE REIMBURSED FOR THE EXPENSES OF TRAVEL BETWEEN HOME OR PLACE OF ABODE AND THE PLACE OF REPORTING FOR REGULAR DUTY AT THEIR PERMANENT STATION.

TO THE SECRETARY OF THE ARMY, MARCH 4, 1968:

FURTHER REFERENCE IS MADE TO LETTER DATED SEPTEMBER 18, 1967, FROM THE UNDER SECRETARY OF THE ARMY, REQUESTING A DECISION WHETHER, THROUGH THE ISSUANCE OF TRAVEL ORDERS OR OTHERWISE, MEMBERS OF THE MILITARY ORGANIZATIONS NAMED IN 37 U.S.C. 404 (E) MAY, IN ADDITION TO THE PER DIEM THERE AUTHORIZED WHEN AWAY FROM THEIR PERMANENT STATION, RECEIVE REIMBURSEMENT FOR THOSE EXPENSES THAT ARE REIMBURSABLE TO MEMBERS IN A TRAVEL STATUS AS CONTEMPLATED BY VOLUME I, CHAPTER 4, PART I, JOINT TRAVEL REGULATIONS. THIS REQUEST WAS ASSIGNED PDTA-TAC CONTROL NO. 67 31 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IN HIS LETTER, THE UNDER SECRETARY EXPRESSES THE BELIEF THAT 37 U.S.C. 404 (E) WAS DRAFTED TO PERMIT THE PAYMENT OF PER DIEM ALLOWANCES TO MAC (MILITARY AIRLIFT COMMAND) CREWS WHEN PERFORMANCE OF DUTY INVOLVED ABSENCE FROM DUTY STATION UNDER CONDITIONS WHICH, IF KNOWN IN ADVANCE AND COVERED BY ORDERS FOR SPECIFIC TRAVEL IN EACH CASE, WOULD HAVE WARRANTED THE PAYMENT OF PER DIEM. HE STATES THAT SUCH MEMBERS WERE REQUIRED TO PERFORM SCHEDULED AND UNSCHEDULED FLIGHTS UNDER CONDITIONS WHERE THE ISSUANCE OF SPECIFIC ORDERS FOR TRAVEL IN ADVANCE THEREOF WAS IMPRACTICABLE AND HE EXPRESSES THE BELIEF THAT THE LEGISLATIVE INTENT IN ENACTING THAT PROVISION OF LAW WAS NOT TO DENY PROPER REIMBURSEMENT OF TRAVEL EXPENSES FOR THIS CLASS OF DUTY.

THE UNDER SECRETARY SAYS THAT THE INVOLVED DUTY IS PERFORMED UNDER SPECIFIC ORDERS IN EACH CASE. HE POINTS OUT THAT WHILE WRITTEN TRAVEL ORDERS ARE NOT ISSUED AT THAT TIME IN CASES WHERE IT APPEARS THAT PER DIEM ALLOWANCES, WHERE WARRANTED, ARE SUFFICIENT TO DEFRAY THE EXPENSES OF TRAVEL, HE BELIEVES THAT WHERE UNAVOIDABLE DELAYS FOR MECHANICAL FAILURES, WEATHER, OPERATIONAL REQUIREMENTS, ETC., MAKE IT MANDATORY THAT THE MEMBER DELAY UNDER CONDITIONS WHERE HE WILL BE EXPOSED TO OTHER TRAVEL EXPENSES SPECIFIED IN VOLUME I, CHAPTER 4, PART I, JOINT TRAVEL REGULATIONS, TRAVEL ORDERS MAY BE ISSUED IN ADVANCE OR CONFIRMED SO AS TO PLACE THE MEMBER IN A FULL TRAVEL STATUS AND PERMIT APPROPRIATE REIMBURSEMENT. HE ADDS THAT WHILE THE DUTY INVOLVED IS THE OPERATION OF AIRCRAFT WHICH BY ITS VERY NATURE INVOLVES MOVEMENT FROM PLACE TO PLACE, UNAVOIDABLE DELAYS, WHETHER KNOWN OF IN ADVANCE OR NOT, RESULT IN ADDITIONAL EXPENSES WHICH SHOULD BE REIMBURSED BY THE GOVERNMENT THE SAME AS FOR MEMBERS ON OTHER CLASSES OF DUTY.

THE UNDER SECRETARY ASKS WHETHER TRAVEL ORDERS MAY BE ISSUED FOR MEMBERS REFERRED TO IN THE ABOVE PROVISION OF LAW WHILE ON THE TYPE OF DUTY SPECIFIED THEREIN WHEN IT IS KNOWN IN ADVANCE THAT DELAY AND EXPOSURE TO EXPENSES COVERED BY THE ABOVE REGULATIONS WILL BE INVOLVED AND, IN THE EVENT OUR REPLY IS IN THE AFFIRMATIVE, HE ASKS WHETHER SUCH TRAVEL MAY BE CONFIRMED IN WRITING AFTER IT HAS BEEN PERFORMED IN CASES WHERE EXPENSES OTHER THAN THOSE COVERED BY THE PER DIEM ALLOWANCE ARE EXPERIENCED UNDER CONDITIONS WHERE IT WAS NOT POSSIBLE TO SECURE WRITTEN ORDERS IN ADVANCE. IN THE EVENT OUR REPLY TO THE FIRST QUESTION IS IN THE NEGATIVE, HE ASKS WHETHER THE MEMBERS MAY BE REIMBURSED UNDER VOLUME I, CHAPTER 4, PART K, JOINT TRAVEL REGULATIONS, FOR EXPENSES OF LOCAL TRANSPORTATION, SUCH AS PUBLIC CARRIER OR CAB FARES FOR TRANSPORTATION FROM AIRFIELDS TO HOTELS, MOTELS, AND OTHER QUARTERS.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. HOWEVER, SUBSECTION (E) OF THAT SECTION PROVIDES THAT A MEMBER WHO IS ON DUTY WITH, OR IS UNDERGOING TRAINING FOR, THE MILITARY AIRLIFT COMMAND, THE MARINE CORPS TRANSPORT SQUADRONS, THE FLEET TACTICAL SUPPORT SQUADRONS, OR THE NAVAL AIRCRAFT FERRYING SQUADRONS, AND WHO IS AWAY FROM HIS PERMANENT STATION, MAY BE PAID A PER DIEM IN LIEU OF SUBSISTENCE IN AN AMOUNT NOT MORE THAT THE AMOUNT TO WHICH HE WOULD BE ENTITLED IF HE WERE PERFORMING TRAVEL IN CONNECTION WITH TEMPORARY DUTY WITHOUT, IN EITHER CASE, THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL. THE LATTER PROVISION OF LAW STEMS FROM SECTION 203 OF THE ACT OF AUGUST 2, 1946, CH. 756, 60 STAT. 859, 37 U.S.C. 112 (1946 ED.), WHICH AMENDED SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, TO PROVIDE FOR PAYMENT OF ACTUAL EXPENSES, OR A PER DIEM IN LIEU THEREOF, AT RATES NOT EXCEEDING THOSE PRESCRIBED FOR NAVAL OFFICERS IN A TRAVEL STATUS, TO NAVAL PERSONNEL ON DUTY WITH OR UNDER TRAINING FOR THE NAVAL AIR TRANSPORT SERVICE AND AWAY FROM THEIR PERMANENT DUTY STATIONS, WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL. THAT AMENDMENT WAS INCORPORATED, WITH SLIGHT CHANGE, TO INCLUDE ADDITIONAL ORGANIZATIONS AND OMIT THE ACTUAL EXPENSE REIMBURSEMENT PROVISION, AS SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, OCTOBER 12, 1949, 63 STAT. 815, 37 U.S.C. 404 (E).

ALSO, 37 U.S.C. 408 PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE MAY BE DIRECTED, BY REGULATIONS OF THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH HE IS SERVING, TO PROCURE TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES WITHIN THE LIMITS OF HIS STATION AND THAT THE EXPENSES SO INCURRED BY HIM FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, OR FOR THE USE OF PRIVATELY OWNED VEHICLES AT A FIXED RATE A MILE, SHALL BE DEFRAYED BY THE DEPARTMENT OR AGENCY UNDER WHICH HE IS SERVING, OR THE MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR THE EXPENSE.

REGULATIONS APPLICABLE TO THE INVOLVED CLASS OF TRAVEL ARE CONTAINED IN CHAPTER 5, PART D, OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH M5150 AUTHORIZES TO THE MEMBERS OF THE SPECIFIED MILITARY COMMANDS AND ORGANIZATIONS, WHILE AWAY FROM THEIR PERMANENT STATIONS, THE PER DIEM ALLOWANCES AS CONTAINED IN CHAPTER 4, PARTS E AND F, OF THE REGULATIONS, WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL. PARAGRAPH M5151 PROVIDES THAT WHERE ORDERS ARE NOT ISSUED, CLAIMS WILL BE CERTIFIED BY THE APPROPRIATE UNIT COMMANDER AND SUCH CERTIFICATION WILL CONSTITUTE A VALID AUTHORIZATION OF THE CLAIM. VOLUME I, CHAPTER 4, PARTS E AND F OF THE REGULATIONS PROVIDE FOR THE PAYMENT OF PER DIEM TO MEMBERS OF THE UNIFORMED SERVICES FOR ALL PERIODS OF TRAVEL AND TEMPORARY DUTY UNDER COMPETENT ORDERS IN THE UNITED STATES AND OUTSIDE THE UNITED STATES, RESPECTIVELY, EXCEPT UNDER THE CIRCUMSTANCES SET FORTH UNDER THOSE PARTS.

PART I OF CHAPTER 4 OF THE REGULATIONS PROVIDES FOR REIMBURSEMENT TO SUCH MEMBERS OF EXPENSES INCURRED WHILE IN A TRAVEL STATUS (SEE PARAGRAPH M3050), SUCH AS TAXICAB, BUS, STREETCAR, SUBWAY OR OTHER PUBLIC CARRIER FARES FOR TRAVEL BETWEEN CERTAIN DESIGNATED PLACES, ALLOWABLE TIPS, ETC., AND PART K IMPLEMENTS 37 U.S.C. 408 BY PROVIDING FOR REIMBURSEMENT TO THE MEMBERS OF EXPENSES INCURRED WHILE CONDUCTING OFFICIAL BUSINESS WITHIN THE LIMITS OF PERMANENT AND TEMPORARY DUTY STATIONS AND IN THE METROPOLITAN AREAS SURROUNDING THOSE STATIONS, SUCH AS TRAIN, BUS, STREETCAR, SUBWAY, AND FERRY FARES, ALLOWABLE TIPS, COST OF HIRE AND OPERATION OF SPECIAL CONVEYANCE, ETC. PARAGRAPH M3050 REFERRED TO IN THE ABOVE-MENTIONED PART I STATES ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO THE MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.

WHILE SECTION 404 (E) PROVIDES THAT, WITHOUT THE ISSUANCE OF ORDERS, A MEMBER OF AN ORGANIZATION THERE MENTIONED MAY BE PAID A PER DIEM WHEN AWAY FROM HIS PERMANENT STATION IN AN AMOUNT NOT MORE THAN THE AMOUNT TO WHICH HE WOULD BE ENTITLED IF HE WERE PERFORMING TRAVEL IN CONNECTION WITH TEMPORARY DUTY, THE PROVISION APPARENTLY RECOGNIZES AND IT HAS LONG BEEN OUR VIEW THAT SUCH A MEMBER WHOSE REGULARLY ASSIGNED DUTY CONSISTS OF PERFORMING FLIGHTS FROM A PERMANENT STATION TO SOME OTHER POINT AND RETURN, NORMALLY IS NOT TO BE CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY AS CONTEMPLATED IN PARTS E, F AND I OF CHAPTER 4.

CONSEQUENTLY, IN DECISION OF JULY 1, 1960, B-142359, WE CONCLUDED THAT AN OFFICER OF THE MILITARY AIR TRANSPORT SERVICE WHO PERFORMED A TRANSPORT MISSION FROM HIS PERMANENT STATION TO RIO DE JANEIRO, BRAZIL, AND RETURN, WAS NOT ENTITLED TO REIMBURSEMENT FOR THE TAXI FARE FOR TRANSPORTATION FROM THE AIRPORT TO OVERNIGHT HOTEL ACCOMMODATIONS IN RIO DE JANEIRO. LIKEWISE, IN DECISION OF JANUARY 28, 1958, B 134631, WE SAID THAT A MATS TRANSPORT PILOT WHO PERFORMED A SCHEDULED FLIGHT FROM HIS DUTY STATION AT MCGUIRE AIR FORCE BASE TO THULE, GREENLAND, AND RETURN, WAS NOT ENTITLED TO REIMBURSEMENT FOR TAXI FARE FROM HIS HOME TO HIS DUTY STATION IN CONNECTION WITH SUCH FLIGHT. WE SAID NO PROVISION IS MADE, NOR DOES THERE APPEAR TO BE AUTHORITY TO INCLUDE IN THE JOINT TRAVEL REGULATIONS, A PROVISION FOR REIMBURSING SUCH MEMBERS FOR THE EXPENSE OF TRAVELING FROM HOME OR PLACE OF ABODE TO THE PLACE AT WHICH THEY REPORT FOR THEIR REGULAR DUTY. IT WAS POINTED OUT THAT A MEMBER WHO PERFORMS SUCH DUTY NORMALLY IS NOT CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY AS CONTEMPLATED IN PARTS E AND F OF CHAPTER 4 BUT THAT PARAGRAPH M5150 OF THE REGULATIONS AUTHORIZES THE PER DIEM PRESCRIBED IN THOSE PARTS.

AS INDICATED ABOVE, THE 1946 AMENDMENT PROVIDED FOR REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS, OR THE PAYMENT OF A PER DIEM IN LIEU THEREOF, BUT THE ACTUAL EXPENSE PROVISION WAS NOT INCLUDED IN SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, AND IT HAS BEEN OUR VIEW THAT UNDER THAT SECTION AND THE CURRENT SECTION 404 (E) OF TITLE 37, U.S. CODE, PAYMENT WAS LIMITED TO A PER DIEM.

IN OUR DECISION OF JULY 9, 1965, 45 COMP. GEN. 30, WE RECONSIDERED OUR PRIOR VIEWS WITH RESPECT TO REIMBURSEMENT OF CERTAIN TRAVEL EXPENSES INCURRED AT THE PERMANENT OR TEMPORARY DUTY STATION INCIDENT TO TRAVEL AND TEMPORARY DUTY. FOR THE REASONS THERE STATED, WE CONCLUDED THAT A MODIFICATION OF OUR PRIOR VIEWS WAS JUSTIFIED AND THAT REGULATIONS COULD BE ISSUED TO PROVIDE FOR REIMBURSEMENT OF CERTAIN EXPENSES THAT WE HAD PREVIOUSLY CONSIDERED AS THE PERSONAL OBLIGATION OF THE TRAVELER. IN THE LIGHT OF THAT DECISION AND HAVING IN MIND THE GENERAL OBLIGATION OF THE GOVERNMENT TO REIMBURSE A MEMBER FOR EXPENSES NECESSARILY INCURRED IN PERFORMING DUTY AWAY FROM HIS PERMANENT DUTY STATION, WE BELIEVE THAT SOME MODIFICATION OF OUR VIEWS IS JUSTIFIED WITH RESPECT TO TRAVEL PERFORMED WITHIN THE CONTEMPLATION OF SECTION 404 (E).

SINCE PART I OF CHAPTER 4 OF THE REGULATIONS IS SPECIFICALLY APPLICABLE TO MEMBERS WHO INCUR THE EXPENSES THERE DESCRIBED WHILE IN A TRAVEL STATUS WITHIN THE CONTEMPLATION OF PARAGRAPH M3050 AND SINCE MEMBERS COVERED BY SECTION 404 (E) WHOSE REGULARLY ASSIGNED DUTY CONSISTS OF PERFORMING FLIGHTS FROM A PERMANENT STATION TO SOME OTHER POINT OR POINTS AND RETURN ARE NOT CONSIDERED AS PERFORMING SUCH DUTY IN A TRAVEL STATUS WITHIN THE CONTEMPLATION OF PARAGRAPH M3050, WE ARE OF THE OPINION THAT TRAVEL ORDERS MAY NOT PROPERLY BE ISSUED FOR THE PURPOSE OF REIMBURSING SUCH MEMBERS FOR EXPENSES INCURRED AWAY FROM THEIR PERMANENT DUTY STATION, AS PROPOSED.

WHILE THE MEMBERS CONCERNED ARE NOT IN A TRAVEL STATUS WHEN AWAY FROM THEIR PERMANENT STATION, SECTION 404 (E) EXPRESSLY ASSIMILATES THEM TO MEMBERS IN A TRAVEL STATUS FOR PER DIEM PURPOSES IN CERTAIN CASES WHEN ABSENT FROM THEIR DUTY STATIONS. PRESUMABLY BECAUSE OF THEIR ASSIGNED DUTY AN AUTHORIZATION FOR TRANSPORTATION WAS NOT INCLUDED IN THE LAW. HOWEVER, SUCH AN OMISSION DOES NOT REQUIRE A CONCLUSION THAT CONGRESS INTENDED TO DENY REIMBURSEMENT FOR MISCELLANEOUS TRANSPORTATION EXPENSES NECESSARILY INCURRED AT LOCATIONS OTHER THAN THE PERMANENT DUTY STATIONS IN THE PERFORMANCE OF DUTY FOR WHICH THEY ARE ENTITLED TO A PER DIEM. ACCORDINGLY, WE WILL NOT OBJECT TO AN AMENDMENT TO PART D, CHAPTER 5, OF THE REGULATIONS TO AUTHORIZE REIMBURSEMENT UNDER PART I, CHAPTER 4, TO THE EXTENT OTHERWISE DEEMED APPROPRIATE, OF EXPENSES DESCRIBED IN THAT PART THAT ARE NECESSARILY INCURRED BY THE MEMBERS INVOLVED WHILE AWAY FROM THEIR DUTY STATIONS INCIDENT TO THE PERFORMANCE OF THE DUTY FOR WHICH THEY ARE AUTHORIZED A PER DIEM PURSUANT TO SECTION 404 (E). DECISION OF JULY 1, 1960, B 142359, IS MODIFIED ACCORDINGLY. THE REGULATIONS MAY ALSO BE AMENDED TO PROVIDE, AS IS NOW PROVIDED WITH RESPECT TO THE PAYMENT OF PER DIEM (PARAGRAPH M5151), THAT WHERE ORDERS ARE NOT ISSUED FOR THE TRAVEL INVOLVED, CLAIMS FOR REIMBURSEMENT OF SUCH EXPENSES MAY BE PAID ON THE CERTIFICATION OF THE APPROPRIATE UNIT COMMANDER, IF OTHERWISE PROPER.

AS WE HAVE INDICATED, A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED IN SECTION 404 (E) WHOSE REGULARLY ASSIGNED DUTY CONSISTS OF PERFORMING FLIGHTS FROM A PERMANENT STATION TO SOME OTHER POINT AND RETURN NORMALLY WOULD NOT BE CONSIDERED AS PERFORMING TRAVEL AND TEMPORARY DUTY WITHIN THE CONTEMPLATION OF PARAGRAPH M3050, BUT WOULD BE PERFORMING HIS REGULARLY ASSIGNED DUTY. CONSEQUENTLY, AS WE HELD IN DECISION OF JANUARY 28, 1958, B -134631, THERE APPEARS TO BE NO AUTHORITY TO INCLUDE IN THE JOINT TRAVEL REGULATIONS A PROVISION FOR REIMBURSING SUCH MEMBERS FOR THE EXPENSE OF TRAVEL BETWEEN HOME OR PLACE OF ABODE AND THE PLACE WHERE THEY REPORT FOR THEIR PERMANENT STATION.

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