B-122826, JUN. 10, 1955

B-122826, JUN. 10, 1955

TO MR. WILLIAM A. GRUNDY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1954, RELATIVE TO SETTLEMENT OF NOVEMBER 17, 1954, WHICH ALLOWED $5.30 ON YOUR CLAIM FOR MILEAGE AT THE RATE OF SIX CENTS PER MILE FOR TRAVEL FROM STATE COLLEGE, PENNSYLVANIA, TO PHILADELPHIA, PENNSYLVANIA, AND RETURN.

IT APPEARS THAT YOU WERE ON THE TEMPORARY DISABILITY RETIRED LIST OF THE NAVY AT THE TIME THE TRAVEL WAS PERFORMED PURSUANT TO BUREAU OF NAVAL PERSONNEL ORDERS OF AUGUST 31, 1953, ADDRESSED TO YOU AT YOUR HOME IN WYNNEWOOD, PENNSYLVANIA, WHICH DIRECTED YOU TO PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, FOR PHYSICAL EXAMINATION TO DETERMINE WHETHER THERE HAD BEEN ANY CHANGE IN YOUR PHYSICAL CONDITION, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO THAT ADDRESS. YOU SAY THAT SUCH ORDERS WERE RECEIVED BY YOU AT STATE COLLEGE WHERE YOU WERE "UNDER THE P.L. 16 TRAINING AND REHABILITATION PROGRAM ADMINISTERED BY THE VETERANS ADMINISTRATION," AND THAT TRAVEL WAS PERFORMED FROM THAT PLACE TO PHILADELPHIA, AND RETURN, ON OCTOBER 26, 1953. THE AMOUNT ALLOWED WAS COMPUTED ON A MILEAGE AND PER DIEM BASIS FOR CONSTRUCTIVE TRAVEL AND TEMPORARY DUTY INVOLVING MORE THAN 10 HOURS BUT LESS THAN ONE-HALF DAY, FROM WYNNEWOOD TO PHILADELPHIA, AND RETURN.

PARAGRAPH 5200, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES WHOSE NAME IS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST AND WHO IS REQUIRED TO SUBMIT TO A PERIODICAL PHYSICAL EXAMINATION SHALL, FOR TRAVEL PERFORMED, BE ENTITLED TO RECEIVE THE TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN CHAPTER 4 PART E OR F. PARAGRAPH 4203-3A, WHICH IS A PART OF PART E OF SUCH REGULATIONS, AUTHORIZES PAYMENT AT THE RATE OF FIVE CENTS PER MILE "WHEN AUTHORIZED TRAVEL IS PERFORMED AT PERSONAL EXPENSE.' PARAGRAPH 3000 STATES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED. COMPETENT ORDERS ARE DEFINED IN PARAGRAPH 3001 AS A PROPERLY ISSUED WRITTEN INSTRUMENT DIRECTING TRAVEL "BETWEEN DESIGNATED POINTS.'

YOUR RIGHT TO REIMBURSEMENT OF EXPENSES OF TRAVEL IN CONNECTION WITH YOUR PHYSICAL EXAMINATION IS GOVERNED BY THESE REGULATIONS WHICH LIMIT PAYMENT TO TRAVEL BETWEEN THE POINTS DESIGNATED IN THE TRAVEL ORDERS AND, SINCE THE ORDERS OF AUGUST 31, 1953, DID NOT DIRECT TRAVEL FROM STATE COLLEGE TO PHILADELPHIA AND RETURN, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 17, 1954, IS SUSTAINED. THE CHECK IN THE AMOUNT OF $5.30 ISSUED IN PAYMENT OF SUCH SETTLEMENT, IS RETURNED HEREWITH.