B-124833, NOV. 1, 1955

B-124833, NOV. 1, 1955

TO ALWINE H. DOYLE, CWO, USAF:

YOUR LETTER OF JULY 6, 1955, REQUESTS REVIEW OF SETTLEMENT DATED SEPTEMBER 14, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL EXPENSES INCIDENT TO YOUR TRAVEL FROM TOKYO, JAPAN, TO BOLLING AIR FORCE BASE, DISTRICT OF COLUMBIA, ON PERMANENT CHANGE OF STATION EFFECTED BY ORDERS OF APRIL 21 AND MAY 2, 1953.

UNDER THE ORDERS OF APRIL 21, 1953, ISSUED AT HEADQUARTERS, FAR EAST AIR FORCES, APO 925, YOU AND YOUR HUSBAND, MAJOR JESSE M. DOYLE, USAF, WERE RELEASED FROM ASSIGNMENT AT THAT HEADQUARTERS AND ASSIGNED TO THE 6403D PERSONNEL PROCESSING SQUADRON, FAR EAST AIR LOGISTIC FORCE, APO 959, FOR PROCESSING AND ORDERS FOR RETURN TO THE UNITED STATES VIA EUROPE AND SUBSEQUENT ASSIGNMENT. THIRTY DAYS OF LEAVE WERE GRANTED TO YOU AND IT WAS INDICATED THAT YOUR LEAVE ADDRESS IN EUROPE WOULD BE AT BREMERHAVEN, GERMANY. THE ORDERS OF MAY 2, 1953, ISSUED BY THE 6403D PERSONNEL PROCESSING SQUADRON, RELIEVED YOU FROM ASSIGNMENT TO THAT SQUADRON FOR MOVEMENT BY AIR TRANSPORTATION TO THE UNITED STATES BY WAY OF EUROPE, AND YOU WERE DIRECTED TO REPORT UPON ARRIVAL AT THE PORT OF AERIAL DEBARKATION IN THE UNITED STATES TO THE COMMANDING OFFICER FOR FURTHER INSTRUCTIONS AND ASSIGNMENT TO DUTY AT THE BOLLING AIR FORCE BASE. YOU WERE AUTHORIZED CIRCUITOUS TRAVEL TO VARIOUS DESIGNATED POINTS IN ASIA, AFRICA, AND EUROPE, WITH NEW YORK, NEW YORK, DESIGNATED AS THE PORT OF ENTRY WITHIN THE UNITED STATES, AND YOU WERE DIRECTED TO PROCEED AND REPORT TO THE MATS PASSENGER TERMINAL AT TOKYO FOR FURTHER INSTRUCTIONS AND TRANSPORTATION TO THE UNITED STATES BY AIRLIFT. TRAVEL BY GOVERNMENT AUTOMOBILE AND MILITARY AIRCRAFT AND BY PRIVATELY OWNED CONVEYANCE WITHIN THE UNITED STATES WAS AUTHORIZED. IT WAS ALSO PROVIDED THAT THE COST OF COMMERCIAL TRANSPORTATION AND BILLETS SHOULD BE BORNE BY THE INDIVIDUAL AND THAT NO CLAIM WOULD BE ALLOWABLE FOR SUCH EXPENSES INCURRED.

YOU PERFORMED TRAVEL FROM TOKYO TO THE RHEIN-MAIN AIR FORCE BASE, GERMANY, BY MILITARY AIRCRAFT DURING THE PERIOD MAY 7 TO 16, WITH NO DELAYS OTHER THAN THOSE NORMALLY ASSOCIATED WITH THAT MEANS OF TRANSPORTATION. AFTER AVAILING YOURSELF OF THE THIRTY DAYS' LEAVE AUTHORIZED, YOU LEFT FRANKFURT, GERMANY, ON JUNE 22, BY COMMERCIAL AIRCRAFT AND ARRIVED AT NEW YORK CITY ON JUNE 23. TRAVEL FROM NEW YORK CITY TO WASHINGTON, D.C., WAS PERFORMED BY PRIVATELY OWNED CONVEYANCE. YOU STATE THAT THE USE OF THE COMMERCIAL AIR TRANSPORTATION FROM FRANKFURT TO NEW YORK CITY, PURCHASED FROM PAN AMERICAN AIRLINES AT A COST OF $313.10, RESULTED BECAUSE OF THE REFUSAL OF MATS, ATLANTIC DIVISION AT FRANKFURT, TO FURNISH THAT TRANSPORTATION. YOU EXPRESS A BELIEF THAT YOU SHOULD BE FOUND ENTITLED TO TRAVEL ALLOWANCES FOR CONSTRUCTIVE TRAVEL BY THE USUALLY TRAVELED ROUTE FROM JAPAN TO THE UNITED STATES THROUGH A PORT OF ENTRY IN CALIFORNIA OR, IN THE ALTERNATIVE, TO MILEAGE FOR YOUR TRAVEL FROM NEW YORK CITY TO WASHINGTON, D.C.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A PERMANENT CHANGE OF STATION OR OTHERWISE. THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY CLEARLY CONTEMPLATE THE FURNISHING OF TRANSPORTATION IN KIND OR THE PAYMENT OF A MONETARY ALLOWANCE FOR ORDERED TRAVEL PERFORMED AT PERSONAL EXPENSE. THE FACT THAT LEAVE OF ABSENCE IS GRANTED IN CONNECTION WITH ORDERED TRAVEL IS NOT SUFFICIENT OF ITSELF TO DEFEAT A RIGHT TO TRAVEL ALLOWANCES IF TRANSPORTATION IS NOT FURNISHED IN KIND OR AVAILABLE. HOWEVER, IF GOVERNMENT TRANSPORTATION AVAILABLE FOR ORDERED TRAVEL IS NOT USED BECAUSE OF THE DESIRE OF THE TRAVELER TO AVAIL HIMSELF OF LEAVE PERMITTED UNDER HIS ORDERS IT NECESSARILY MUST BE CONSIDERED THAT THE GOVERNMENT'S OBLIGATION TO FURNISH TRANSPORTATION FOR THE ORDERED TRAVEL HAS BEEN MET EVEN THOUGH THE TRAVELER IS REQUIRED AT THE END OF THE LEAVE PERIOD TO TRAVEL AT PERSONAL EXPENSE BECAUSE GOVERNMENT TRANSPORTATION THEN IS NOT AVAILABLE.

YOUR ORDERS DIRECTED TRAVEL TO THE UNITED STATES BY GOVERNMENT AIRCRAFT. TRANSPORTATION BY THAT MEANS WAS FURNISHED TO YOU FROM TOKYO TO FRANKFURT AND, HAD YOU CONTINUED YOUR JOURNEY AT THAT TIME, PRESUMABLY WOULD HAVE BEEN FURNISHED TO THE PORT OF ENTRY AT NEW YORK CITY AS PROVIDED IN THE ORDERS. IRRESPECTIVE OF THE REASONS FOR THE REFUSAL TO FURNISH TRANSPORTATION TO YOU AT THE CONCLUSION OF THE LEAVE PERIOD IN GERMANY, THEREFORE, IT MUST BE CONSIDERED THAT THE GOVERNMENT'S OBLIGATION TO FURNISH TRANSPORTATION FROM TOKYO TO NEW YORK CITY WAS FULFILLED, AND THAT THE EXPENSES OF YOUR TRANSPORTATION FROM FRANKFURT TO NEW YORK CITY, ARISING BECAUSE OF YOUR DELAY IN TRAVEL FOR PERSONAL REASONS TO TAKE LEAVE, WERE A PERSONAL OBLIGATION. NO RIGHT TO TRAVEL ALLOWANCES ON A CONSTRUCTIVE BASIS COULD BE CONSIDERED TO ARISE WHERE THE GOVERNMENT HAD MET ITS TRANSPORTATION OBLIGATION UNDER THE TRAVEL ORDERS.

ACCORDINGLY, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT TO YOU OF TRANSPORTATION EXPENSES ON A REIMBURSEMENT OR CONSTRUCTIVE ALLOWANCE BASIS FOR YOUR TRAVEL FROM FRANKFURT TO NEW YORK CITY. APPEARS, HOWEVER, THAT YOU ARE PROPERLY ENTITLED TO MILEAGE FOR YOUR TRAVEL AT PERSONAL EXPENSE FROM NEW YORK CITY TO YOUR NEW DUTY STATION AT THE BOLLING AIR FORCE BASE. ALSO, SINCE YOUR TRAVEL FROM TOKYO TO THE RHEIN-MAIN AIR FORCE BASE IN GERMANY WAS PERFORMED BY GOVERNMENT AIRCRAFT AND SINCE YOUR ORDERS DIRECTED SUCH TRAVEL, IT APPEARS THAT YOU ARE ALSO ENTITLED TO THE TRAVEL PER DIEM ALLOWANCE AUTHORIZED BY THE JOINT TRAVEL REGULATIONS FOR THAT TRAVEL. ACCORDINGLY, SETTLEMENT WILL BE STATED ON YOUR CLAIM ON THAT BASIS IN DUE COURSE.