B-166200, MAR. 20, 1969

B-166200, MAR. 20, 1969

TO MR. D. W. YOHE:

THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 8, 1968, REFERENCE 166:ATF 7220, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 69-6), REQUESTING DECISION AS TO THE TRAVEL ALLOWANCE RIGHTS OF CN KENNETH R. PRICE, B 70 21 18, USN, IN CONNECTION WITH HIS TRAVEL ON CHANGE OF PERMANENT DUTY STATION.

THE RECORD SHOWS THAT MR. PRICE, BY ORDER 164-68, DATED AUGUST 27, 1968, WAS ORDERED FROM HIS DUTY STATION AT DAVISVILLE, RHODE ISLAND, TO A NEW DUTY STATION AT THE U.S. NAVAL STATION, ROOSEVELT ROADS, PUERTO RICO, WITH A DELAY OF 30 DAYS AUTHORIZED AT COLEMAN, OKLAHOMA, TO COUNT AS LEAVE, AND WAS TO REPORT TO THE DISBURSING OFFICE AT THE NAVAL FACILITY NEAREST HIS HOME FOR TRANSPORTATION TO PUERTO RICO. CATEGORY "Z" TRANSPORTATION WAS AUTHORIZED IN THIS CONNECTION. PRIOR TO HIS DEPARTURE FROM RHODE ISLAND, THE MEMBER WAS PAID ADVANCE TRAVEL ALLOWANCE OF $105, APPARENTLY TO PERFORM TRAVEL TO HIS LEAVE ADDRESS, AND WAS SUBSEQUENTLY ISSUED A TRANSPORTATION REQUEST AT USNAD, MCALESTER, OKLAHOMA, TO PROCURE MIXED AIR TRANSPORTATION FROM DALLAS, TEXAS, TO SAN JUAN, PUERTO RICO, VIA MIAMI, FLORIDA, AT A COST TO THE GOVERNMENT OF $117.90.

YOU REFER TO THE PROVISIONS OF BUPERS INSTRUCTION 4650.15, AUGUST 9, 1965, PROVIDING INSTRUCTIONS TO THE NAVAL ESTABLISHMENT CONCERNING CIRCUITOUS ROUTE TRAVEL, AS LIMITING MR. PRICE'S ENTITLEMENT FOR THE TRAVEL INVOLVED TO A MILEAGE ALLOWANCE FROM DAVISVILLE, RHODE ISLAND, TO NEW YORK, NEW YORK, IN THE AMOUNT OF $12.36, AND THEREAFTER TO CATEGORY "Z" AIR TRANSPORTATION FROM NEW YORK TO SAN JUAN, THE SHORTEST AND MOST DIRECT ROUTE TO HIS NEW DUTY STATION. IT IS INDICATED THAT THE COST FOR SUCH AIR TRANSPORTATION WOULD BE $50.70. YOU REQUEST OUR ADVICE AS TO WHETHER, ASSUMING THE CORRECTNESS OF THE ABOVE EXPENSE COMPUTATIONS, YOU SHOULD CHARGE MR. PRICE'S PAY ACCOUNT $67.20, I.E., THE DIFFERENCE BETWEEN THE COST OF THE TRANSPORTATION REQUEST ISSUED ($117.90) AND THE VALUE OF THE TRANSPORTATION WHICH SHOULD HAVE BEEN FURNISHED ($50.70).

UNDER THE PROVISIONS OF 37 U.S.C. 404 AND THE JOINT TRAVEL REGULATIONS, PROMULGATED THEREUNDER, THE GOVERNMENT'S OBLIGATION UPON A PERMANENT CHANGE OF STATION IS LIMITED TO FURNISHING MEMBERS' TRANSPORTATION OR REIMBURSEMENT THEREFOR FROM THE OLD TO THE NEW DUTY STATION VIA THE DIRECT OR SHORTEST USUALLY TRAVELED ROUTE. WHEN THE TRAVEL IS PERFORMED BY A ROUTE OTHER THAN THE DIRECT ROUTE, THE MEMBER GENERALLY IS ENTITLED TO SUCH TRAVEL AT GOVERNMENT EXPENSE ONLY TO THE EXTENT THAT IT DOES NOT EXCEED THE COSTS THAT WOULD HAVE BEEN NECESSARILY INCURRED FOR TRAVEL BY THE DIRECT ROUTE TO HIS NEW DUTY STATION. 47 COMP. GEN. 440, 443; B- 140819, OCTOBER 19, 1960.

THIS PRINCIPLE IS RECOGNIZED BY, AND PROVIDES THE BASIS IN PART FOR, THE DEPARTMENT OF THE NAVY'S POLICY ON CIRCUITOUS TRAVEL FOUND IN BUPERS INSTRUCTION 4650.15 OF AUGUST 9, 1965. PARAGRAPH 4C THEREOF STATES,

"C. THE COST TO THE GOVERNMENT OF EACH PORTION OF THE JOURNEY OVER THE CIRCUITOUS ROUTE MAY NOT EXCEED THE COST OF TRANSPORTATION THAT WOULD HAVE BEEN PROVIDED ON CORRESPONDING PORTIONS OF THE JOURNEY OVER THE DIRECT ROUTE, HAD A CIRCUITOUS ROUTE NOT BEEN TAKEN.' THE GOVERNMENT'S MAXIMUM OBLIGATION FOR THE TRAVEL BY AIR FURNISHED BY GOVERNMENT TRANSPORTATION REQUEST, THEREFORE, BASED ON THE DIRECT ROUTE AIR FARE, FROM NEW YORK, NEW YORK, TO SAN JUAN, PUERTO RICO, IS LIMITED TO $50.70. ANY ADDITIONAL OUTLAY OF FUNDS MADE BY THE GOVERNMENT WHICH ENABLED THE MEMBER TO TRAVEL TO HIS DESTINATION VIA A CIRCUITOUS ROUTE SHOULD BE CHARGED AGAINST THE MEMBER'S PAY ACCOUNT. SIMILARLY, CREDIT AGAINST THE ADVANCE TRAVEL ALLOWANCE MADE TO MR. PRICE SHOULD BE MADE FOR THE REMAINDER OF THE TRAVEL INVOLVED ONLY ON THE BASIS THAT TRAVEL FROM DAVISVILLE TO NEW YORK CITY AND FROM SAN JUAN TO ROOSEVELT ROADS WAS AUTHORIZED VIA THE DIRECT ROUTE BETWEEN DUTY STATIONS.

ALTHOUGH IT IS INDICATED THAT THE CHIEF OF NAVAL PERSONNEL HAS ADMINISTRATIVELY DETERMINED THAT THE CIRCUITOUS TRAVEL HEREIN RESULTED FROM AN INCORRECT ENDORSEMENT TO THE ORDERS, CAUSED BY ADMINISTRATIVE ERROR, PRESUMABLY REFERRING TO THE DIRECTION TO REPORT TO THE DISBURSING OFFICE AT THE NAVAL FACILITY NEAREST TO HIS HOME FOR TRANSPORTATION TO DESTINATION, SUCH CIRCUMSTANCE IS NOT CONSIDERED A SUFFICIENT REASON TO WARRANT A CONCLUSION THAT THE GOVERNMENT INCURRED AN OBLIGATION THEREBY TO FURNISH TRANSPORTATION TO THE MEMBER FOR TRAVEL EXCEEDING THAT REQUIRED VIA THE DIRECT ROUTE OF TRAVEL.

MR. PRICE'S CLAIM VOUCHER IS RETURNED HEREWITH FOR NECESSARY ADJUSTMENT ON THE INDICATED BASIS.