B-151395 L/M, MAY 2, 1963

B-151395 L/M, MAY 2, 1963

OFFICE OF GENERAL COUNSEL

MR. JOHN A. WATTS, CIVILIAN COMMAND, DEPARTMENT OF THE AIR FORCE:

WE HAVE BEEN REQUESTED BY A MEMBER OF CONGRESS TO ADVISE HIM CONCERNING THE ADMINISTRATIVE ACTION BY THE AIR FORCE LOGISTICS COMMAND, WRIGHT- PATTERSON AIR FORCE BASE, OHIO, TO COLLECT FROM MR. ROBERT DAVIDSON, EMPLOYEE, AN ALLEGED OVERPAYMENT OF TRAVEL ALLOWANCE.

THE MEMBER OF CONGRESS HAS FURNISHED US COPIES OF CORRESPONDENCE PERTINENT TO THE MATTER AND WE ENCLOSE COPIES THEREOF FOR YOUR INFORMATION. THE FOREGOING REPRESENTS THE ONLY INFORMATION WE HAVE CONCERNING THIS MATTER. FROM THAT CORRESPONDENCE YOU WILL NOTE THAT THE ADMINISTRATIVE OFFICE IS RELYING ON OUR DECISION B-148108, MARCH 1, 1962 (A1 COMP. GEN. 573), IN REQUESTING MR. DAVIDSON TO REFUND THE AMOUNT FOUND TO HAVE BEEN OVERPAID. THAT DECISION CONCERNS AN EMPLOYEE ORDERED TO RETURN FROM HIS TEMPORARY DUTY STATION BECAUSE IT WAS OFFICIALLY DETERMINED THAT UPON HIS LEARNING OF THE DEATH OF HIS INFANT SON IN HIS ABSENCE IT WAS ASSUMED HE WOULD BECOME INCAPACITATED FOR THE PERFORMANCE OF SUCH TEMPORARY DUTY. SUCH ASSUMPTION WE CONCLUDED WAS NOT SUFFICIENT UNDER THE APPLICABLE STATUTE AND REGULATIONS TO AUTHORIZE PAYMENT FOR RETURN TRANSPORTATION FROM THE TEMPORARY DUTY POINT TO HIS HEADQUARTERS.

PLEASE ADVISE WHETHER THE EMPLOYEE RETURNED TO SAN ANTONIO TO COMPLETE THE DUTY OR WHETHER ANOTHER EMPLOYEE WAS ORDERED TO UNDERTAKE THE DUTY. COPIES OF PERTINENT TRAVEL ORDERS AND VERIFICATION OF THE FACTS AS RELATED BY MR. DAVIDSON SHOULD BE FURNISHED, AS WELL AS COPIES OF THE SAID TRAVEL VOUCHERS AND OTHER PERTINENT DATA.

PLEASE FURNISH US PROMPTLY A REPORT IN THIS MATTER.

F. H. BARCLAY, JR. ASSISTANT GENERAL COUNSEL GENERAL ACCOUNTING OFFICE

REFERENCE IS MADE TO LETTER DATED 2 MAY 1963, B-151395 RELATING TO MR. ROBERT DAVIDSON, AN EMPLOYEE AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO, FROM WHOM COLLECTION ACTION WAS INITIATED TO RECOVER CERTAIN TRANSPORTATION COSTS BECAUSE OF ALLEGED VIOLATION OF TRANSPORTATION ENTITLEMENT AT GOVERNMENT EXPENSE.

THIS HEADQUARTERS OBTAINED A REPORT OF THE CIRCUMSTANCES IN THIS CASE FROM AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO. THIS HEADQUARTERS FINDS THAT THE CIRCUMSTANCES ARE AS STATED BY MR. DAVIDSON IN HIS LETTER OF 23 APRIL 1963. IN PERFORMING RETURN TRAVEL BEFORE COMPLETION OF HIS TEMPORARY DUTY ASSIGNMENT HE ACTED IN ACCORDANCE WITH INSTRUCTIONS GIVEN TO HIM BY THE OFFICIAL DIRECTING HIS TRAVEL AND HIS EARLY RETURN DID NOT PRECLUDE SATISFACTORY COMPLETION OF THE MISSION OR CAUSE ADDITIONAL TRAVEL EXPENSE TO THE GOVERNMENT. A REVIEW OF THE CIRCUMSTANCES DO NOT SUBSTANTISTE THE CONTENTION BY THE ACCOUNTING AND FINANCE OFFICE (PAYROLL AND TRAVEL BRANCH) WRIGHT PATTERSON AIR FORCE BASE, THAT THERE WAS A VIOLATION OF ENTITLEMENT FOR TRANSPORTATION AT GOVERNMENT EXPENSE.

MR. DAVIDSON WAS ASSIGNED ON TEMPORARY DUTY AS A MEMBER OF AN AREA INSPECTION GROUP. HE WAS BEST QUALIFIED FOR A CERTAIN PHASE OF THE MISSION AND WAS INCLUDED WITH THE GROUP FOR THE SCHEDULED TRIP ASSIGNMENT. HOWEVER, PRIOR TO DEPARTURE ON THE ASSIGNMENT HE DISCUSSED THE CIRCUMSTANCES OF HIS FATHER'S SERIOUS ILLNESS WITH HIS SUPERVISOR, MR. JOSEPH UTZ. MR. UTZ WAS THE ACTING SECTION CHIEF AND WAS THE OFFICIAL DIRECTING THE TRAVEL ASSIGNMENT. MR. UTZ INFORMED MR. DAVIDSON ABOUT THE NEED FOR HIS SERVICE WITH THE GROUP ON THE MISSION AND AUTHORIZED HIM TO RETURN HOME PRIOR TO COMPLETION OF THE MISSION IF AN EMERGENT SITUATION AROSE WITH REGARD TO HIS FATHER'S CONDITION.

IT WAS NOT NECESSARY TO SEND ANOTHER EMPLOYEE TO REPLACE MR. DAVIDSON ON THE MISSION. AFTER HIS DEPARTURE MR. DAVIDSON'S PORTION OF MISSION RESPONSIBILITY WAS TAKEN OVER BY OTHER MEMBERS OF THE GROUP AND THE MISSION WAS SATISFACTORILY COMPLETED AT NO ADDITIONAL EXPENSE TO THE GOVERNMENT.

ATTACHED IS A LETTER FROM AIR FORCE LOGISTICS COMMAND DATED 8 MAY 1963 REPORTING ON THIS CASE, A COPY OF MR. DAVIDSON'S TRAVEL ORDER AND A STATEMENT BY MR. UTZ REGARDING THE SITUATION.

IT IS THE RECOMMENDATION OF THIS HEADQUARTERS THAT MR. DAVIDSON NOT BE HELD IN VIOLATION OF HIS TRANSPORTATION ENTITLEMENT AT GOVERNMENT EXPENSE FOR RETURN TO HIS PERMANENT DUTY STATION. THIS HEADQUARTERS WILL AWAIT YOUR DECISION ON THIS MATTER BEFORE ADVISING HEADQUARTERS AIR FORCE LOGISTICS COMMAND FURTHER ABOUT THE DISPOSITION OF THIS CASE.

RICHARD W. GANONG, DEPARTMENT OF THE AIR FORCE:

ATTENTION: MR. GEORGE VAUGHN

REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1963, AFPCP, WITH ENCLOSURES, CONCERNING THE ADMINISTRATIVE COLLECTION ACTION OF THE AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, AGAINST MR. ROBERT DAVIDSON FOR THE ALLEGED OVERPAYMENT OF TRAVEL ALLOWANCE FOR A RECENT TEMPORARY DUTY ASSIGNMENT FROM WHICH HE RETURNED UNDER EMERGENCY CONDITIONS IN ACCORDANCE WITH ARRANGEMENTS ADMINISTRATIVELY AGREED TO PRIOR TO SUCH ASSIGNMENT.

WE HAVE TODAY ADVISED THE MEMBER OF CONGRESS WHO ASKED US FOR A REPORT ON THIS MATTER THAT UNDER THE FACTS AND CIRCUMSTANCES IN THIS CASE AS WELL AS OUR HOLDING IN B-76983, JULY 2, 1948, COPY ENCLOSED FOR YOUR INFORMATION, WE BELIEVE MR. DAVIDSON WAS ENTITLED TO BE RETURNED TO HIS OFFICIAL HEADQUARTERS FROM HIS TEMPORARY DUTY POINT AT GOVERNMENT EXPENSE. ACCORDINGLY, FURTHER ADMINISTRATIVE ACTION TO COLLECT FROM MR. DAVIDSON THE PROPER EXPENSE TO WHICH HE WAS ENTITLED SHOULD BE CANCELLED.