B-122473, APR 4, 1955

B-122473, APR 4, 1955

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL T. ELLERBE, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR 7TH INDORSEMENT DATED DECEMBER 30, 1954, FILE TCTTC-FINA 230 (26 AUG 54), WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER TRANSMITTED THEREWITH IN FAVOR OF TRUITT L. FOWLER, CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE RECORD DISCLOSES THAT MR. FOWLER WAS ASSIGNED TO DUTY AT THE KELLY AIR FORCE BASE, SAN ANTONIO, TEXAS, AT THE TIME HE WAS DIRECTED TO PROCEED TO FORT EUSTIS, VIRGINIA, FOR PERMANENT DUTY. HIS TRAVEL ORDERS DATED MAY 25, 1954, AUTHORIZED HIS TRANSPORTATION VIA PRIVATELY OWNED CONVEYANCE AT SEVEN CENTS PER MILE, THIS METHOD OF TRAVEL HAVING BEEN ADMINISTRATIVELY DETERMINED AS ADVANTAGEOUS TO THE GOVERNMENT. TRANSPORTATION OF HIS DEPENDENTS WAS AUTHORIZED IN THE ORDER, BUT NO MODE OF TRANSPORTATION WAS DESIGNATED. SUBSEQUENTLY, AN AMENDED ORDER WAS ISSUED PROVIDING FOR HIS TRANSPORTATION BY PRIVATELY OWNED CONVEYANCE AT SEVEN CENTS PER MILE AND TRAVEL OF HIS DEPENDENTS BY COMMON CARRIER. IT IS SHOWN THAT HE TRAVELED TO THE NEWLY ASSIGNED STATION BY PRIVATELY OWNED CONVEYANCE. HIS DEPENDENTS TRAVELED TO THE NEW DUTY STATION BY RAIL. APPARENTLY HE HAS BEEN PAID MILEAGE AT THE RATE OF SEVEN CENTS PER MILE COMPUTED UPON THE BASIS OF THE OFFICIAL HIGHWAY DISTANCE FROM THE OLD TO THE NEW DUTY STATION AS AUTHORIZED BY LAW. THE SUM NOW CLAIMED ($98.98) PRESUMABLY REPRESENTS THE EXPENSES INCURRED FOR RAIL TRANSPORTATION UTILIZED BY HIS IMMEDIATE FAMILY (WIFE, AND TWO SONS AGES 4 AND 16) FROM NATALIE, TEXAS, TO WARWICK, VIRGINIA, IN JUNE 1954. SINCE THE EMPLOYEE'S DEPENDENTS DID NOT ACCOMPANY HIM IN THE PRIVATELY OWNED CONVEYANCE AND THE CLAIM FOR THEIR TRAVEL BY COMMERCIAL CARRIER IS PURSUANT TO AMENDED TRAVEL ORDERS, YOU ARE IN DOUBT AS TO WHETHER PAYMENT OF THE SUM CLAIMED IS AUTHORIZED.

WHILE OFFICIAL TRAVEL ORDERS USUALLY ARE ISSUED BEFORE THE TRAVEL IS PERFORMED, IN EXCEPTIONAL CIRCUMSTANCES ORDERS MAY BE ISSUED AFTER THE PERFORMANCE OF TRAVEL. ALSO, ORDERS MAY BE AMENDED AFTER TRAVEL IS PERFORMED WHERE NECESSARY TO RECOGNIZE SOME ASPECT OF TRAVEL WHICH WAS NOT KNOWN IN ADVANCE. EXISTING REGULATIONS APPLICABLE TO CIVILIAN PERSONNEL OF THE ARMY PROVIDE THAT THE TRAVEL OF DEPENDENTS WITHIN THE UNITED STATES MAY BE AUTHORIZED OR APPROVED BUT MUST COMMENCE WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THE EMPLOYEE'S CHANGE OF OFFICIAL DUTY STATION. WHERE THE EMPLOYEE IS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE HIS DEPENDENTS SHOULD ACCOMPANY HIM IF AT ALL POSSIBLE. SEE PARAGRAPHS 3-1, 5 -1, AND 5-2 OF CIVILIAN PERSONNEL REGULATIONS T-3, DATED JANUARY 30, 1953. NEITHER THE ADMINISTRATIVE REGULATIONS NOR THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROHIBIT TRAVEL OF AN EMPLOYEE AND HIS DEPENDENTS SEPARATELY AND BY DIFFERENT MODES OF TRANSPORTATION.

ALTHOUGH NO EXPLANATION HAS BEEN SUPPLIED TO SHOW WHY THE EMPLOYEE'S FAMILY DID NOT ACCOMPANY THE EMPLOYEE IN THE PRIVATELY OWNED CONVEYANCE, IN VIEW OF THE CITED REGULATIONS AND THE PROVISIONS OF THE AMENDED AUTHORIZATION - THE INVALIDITY OF WHICH IS NOT ESTABLISHED BY THE RECORD BEFORE US - PAYMENT OF THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.

THE VOUCHER AND RELATED PAPERS ARE RETURNED.