B-229351, Mar 28, 1990

B-229351, Mar 28, 1990

MILITARY PERSONNEL - Travel - Commuting expenses - Reimbursement - Eligibility DIGEST: An Army member was ordered on a permanent change of station from Munich to Augsburg, Germany. Although government quarters were available for him in Augsburg and he was told that if he elected not to use them and commute, it would be at his personal expense, he claims travel allowances for commuting. His claim can not be allowed because the commuting between abode and permanent duty station is the member's personal responsibility for which travel allowances are not payable.

Sergeant Major Filiberto C. Diciccio, USA - Travel Allowances - Commuting:

This is in response to a request for a decision concerning the claim of Sergeant Major Filiberto C. Diciccio, USA, for reimbursement of travel expenses incurred in commuting between Munich and Augsburg, Germany. /1/ For the reasons stated below, we find the claim should not be paid.

BACKGROUND

On December 6, 1984, Sergeant Filiberto C. Diciccio, assigned in Munich, Germany, as Deputy Finance Officer, was given a permanent change-of- station (PCS) order to Augsburg, Germany, effective the following day. The record includes a statement from Sergeant Diciccio's then commanding officer at whose request the PCS order was issued. He states that he directed Sergeant Diciccio to move into government quarters at Augsburg or commute at his own expense. He further states, however, that Sergeant Diciccio found the quarters in Augsburg inadequate and elected to commute the distance, which Sergeant Diciccio states was 52 miles each way.

The former commanding officer also states that because Sergeant Diciccio was serving without dependents only $100 was authorized to move his household goods. When this was found inadequate, it was increased to $250 which was also found inadequate. In about February 1985 it was determined that Sergeant Deciccio was entitled to the full cost of moving his goods. Apparently, however, he continued commuting between Munich at Augsburg, through July 2, 1985, when a new commanding officer apparently cancelled the PCS. Thereafter, he requested that temporary duty orders be issued for this period so that he could be reimbursed expenses involved in commuting from Munich to Augsburg. Temporary duty orders were denied and he was never authorized to use his POV at government expense for this travel.

OPINION

In this case it is clear that Sergeant Diciccio's assignment in Augsburg constituted a permanent change of station and, therefore, Augsburg was his permanent station.

The order of December 6, 1984, was a permanent change-of-station order, the commanding officer who requested it confirms that it was his intention that it be so, and it was never changed during the period of this claim. The fact that the PCS may have been cancelled in July 1985 does not change the facts as they existed during the period involved here. /2/

While apparently there was some unfortunate confusion over how much could be spent for movement of his household goods, the PCS order was not cancelled. It also seems clear that Sergeant Diciccio was never authorized to commute by POV at government expense, and in fact he was told that if he chose to commute, it would be at his personal expense. Therefore, the general rule is applicable here that travel between a member's place of abode and his permanent duty station is his personal responsibility, for which he is not entitled to travel allowances. See Petty Officer Norfleet G. Freeman, USN, B-204865, Dec. 29, 1981, and cases cited therein.

Accordingly, payment is not authorized on Sergeant Deciccio's claim.

/1/ It is not clear from the record what happened upon "cancellation" of the PCS order, that is, whether Sergeant Diciccio was returned to Munich or transferred elsewhere. That information is not necessary to deciding this case.

/2/ The language, which is the same today, came from Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, 302, 96 Stat 25, 55-56 (1982).