B-126643, MAR. 30, 1956

B-126643, MAR. 30, 1956

TO STAFF SERGEANT LLOYD E. EISSNER:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 22, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 6, 1955, WHICH ALLOWED THE SUM OF $81.80 ON YOUR CLAIM FOR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL FROM CLOVIS AIR FORCE BASE, NEW MEXICO, TO GEORGE AIR FORCE BASE, CALIFORNIA, AND FROM WESTOVER AIR FORCE BASE, MASSACHUSETTS, TO CLOVIS AIR FORCE BASE, AND FOR PER DIEM, INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD NOVEMBER 8, 1952, TO MAY 23, 1953, AS AN ENLISTED MEMBER OF THE UNITED STATES AIR FORCE.

UNDER ORDERS OF HEADQUARTERS, 140TH FIGHTER BOMBER WING, CLOVIS AIR FORCE BASE, DATED NOVEMBER 7, 1952, YOU WERE DIRECTED TO PROCEED FROM THAT STATION TO THE GEORGE AIR FORCE BASE ON TEMPORARY DUTY FOR APPROXIMATELY 135 DAYS FOR THE PURPOSE OF PARTICIPATING IN PROJECT FOX TROT INDIGO ONE (DPUO) UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO CLOVIS AIR FORCE BASE. TRAVEL BY MILITARY AIRCRAFT WAS DIRECTED WHEN AVAILABLE, AND IF NOT AVAILABLE TRAVEL BY COMMERCIAL AIR, RAIL, OR BUS WAS AUTHORIZED. A DELAY OF SEVEN DAYS IN REPORTING WAS AUTHORIZED. YOU TRAVELED TO GEORGE AIR FORCE BASE BY PRIVATE AUTOMOBILE DURING THE PERIOD NOVEMBER 8 TO 17. CERTIFICATE OF THE BASE OPERATIONS OFFICER, HEADQUARTERS, 140TH AIR BASE GROUP, CLOVIS AIR FORCE BASE, DATED NOVEMBER 8, 1952, STATES THAT NO AIRCRAFT OF YOUR ORGANIZATION WAS AVAILABLE TO PROVIDE TRANSPORTATION FOR YOU TO GEORGE AIR FORCE BASE. ORDERS OF HEADQUARTERS, 131ST FIGHTER BOMBER WING, GEORGE AIR FORCE BASE, DATED NOVEMBER 25, 1952, PROVIDED THAT YOU AND OTHER NAMED ENLISTED MEN SHOULD PROCEED ON OR ABOUT DECEMBER 2, 1952, AS A PART OF THE 435TH FIGHTER BOMBER SQUADRON, 479TH FIGHTER BOMBER GROUP, TO WESTOVER AIR FORCE BASE FOR TRANSPORTATION TO KEFLAVICK, ICELAND, ON TEMPORARY DUTY FOR APPROXIMATELY 100 DAYS, UPON THE COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER ORGANIZATION AND STATION. YOU LEFT THE GEORGE AIR FORCE BASE ON DECEMBER 5 BY GOVERNMENT PLANE AND ARRIVED TO KEFLAVICK AIR FORCE BASE ON DECEMBER 7. ORDERS OF HEADQUARTERS, 435TH FIGHTER BOMBER SQUADRON, APO 81, DATED MARCH 23, 1953, AS AMENDED BY ORDERS OF THE SAME COMMAND DATED APRIL 22, 1953, STATED THAT YOU WERE RELIEVED FROM DETACHMENT AND DUTY EFFECTIVE ON OR ABOUT APRIL 25, 1953, OR UPON ARRIVAL AT WESTOVER AIR FORCE BASE, AND YOU WERE AUTHORIZED 15 DAYS' DELAY EN ROUTE AND 11 DAYS' TRAVEL TIME IN RETURNING TO YOUR DUTY STATION AT CLOVIS AIR FORCE BASE. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED. YOU STATED THAT YOU TRAVELED FROM KEFLAVICK AIR FORCE BASE TO WESTOVER AIR FORCE BASE BY GOVERNMENT PLANE DURING THE PERIOD APRIL 26 TO 27. YOU LEFT WESTOVER AIR FORCE BASE ON APRIL 27 AND AFTER AVAILING YOURSELF OF THE DELAY PERIOD AND TRAVEL TIME GRANTED YOU ARRIVED AT CLOVIS AIR FORCE BASE ON MAY 23, 1953. TRAVEL BETWEEN THOSE POINTS WAS BY COMMERCIAL PLANE. YOU CERTIFIED THAT DURING THE PERIOD INVOLVED GOVERNMENT QUARTERS WERE AVAILABLE TO YOU EXCEPT ON DECEMBER 5 AND 6, 1952, AND APRIL 26, 1953, AND THAT YOU WERE FURNISHED GOVERNMENT MEALS DURING THE PERIOD NOVEMBER 17, 1952, THROUGH APRIL 27, 1953.

SINCE IT APPEARS THAT MILITARY AIRCRAFT WAS NOT AVAILABLE FOR YOUR TRAVEL FROM CLOVIS AIR FORCE BASE TO GEORGE AIR FORCE BASE, YOU ARE ENTITLED TO AN ALLOWANCE OF FIVE CENTS PER MILE FOR THE DISTANCE BETWEEN THOSE POINTS IN LIEU OF TRANSPORTATION AND TO PER DIEM FOR A PERIOD NOT EXCEEDING THAT PAYABLE FOR CONSTRUCTIVE TRAVEL BY RAIL OVER THE OFFICIAL ROUTE BETWEEN THOSE POINTS UNDER THE PROVISIONS OF PARAGRAPHS 4203-3A AND 4204-5, OF THE JOINT TRAVEL REGULATIONS. YOU ARE ALSO ENTITLED TO PER DIEM, WITH PROPER DEDUCTIONS FOR QUARTERS AND MEALS FURNISHED BY THE GOVERNMENT, FOR THE PERIOD OF TRAVEL AND TEMPORARY DUTY FROM DECEMBER 5, 1952, WHEN YOU LEFT GEORGE AIR FORCE BASE, TO APRIL 27, 1953, WHEN YOU ARRIVED AT WESTOVER AIR FORCE BASE, SUCH TRAVEL AND TEMPORARY DUTY APPARENTLY BEING OF THE NATURE FOR WHICH PER DIEM PAYMENTS ARE AUTHORIZED IN PARAGRAPHS 4200 AND 4250 OF THE JOINT TRAVEL REGULATIONS. THE ORDERS OF MARCH 23, 1953, APPEAR TO HAVE PROVIDED PERMISSION FOR YOU TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE AS A PERSONAL CONVENIENCE TO YOU SO THAT YOU MIGHT AVAIL YOURSELF OF THE DELAY GRANTED PRIOR TO YOUR REPORTING FOR DUTY AT CLOVIS AIR FORCE BASE. THOSE ORDERS DID NOT MODIFY THE DIRECTION IN YOUR BASIC ORDERS TO PERFORM THE TRAVEL BY MILITARY AIRCRAFT, IF AVAILABLE, AND SINCE NO EVIDENCE WAS SUBMITTED TO SHOW THAT TRANSPORTATION BY MILITARY AIRCRAFT WAS NOT AVAILABLE TO YOU BETWEEN WESTOVER AIR FORCE BASE AND CLOVIS AIR FORCE BASE, IT MUST BE ASSUMED THAT THE PERMISSION GRANTED IN YOUR ORDERS OF MARCH 23, 1953, AND YOUR ACTUAL TRAVEL BY COMMERCIAL PLANE, WERE FOR REASONS OF PERSONAL CONVENIENCES. PARAGRAPH 4203-3C OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF A MILEAGE ALLOWANCE IN LIEU OF TRANSPORTATION UNDER THOSE CIRCUMSTANCES. YOU ARE ENTITLED, HOWEVER, TO A PER DIEM ALLOWANCE FOR THE CONSTRUCTIVE TIME INVOLVED HAD THAT TRAVEL BEEN PERFORMED BY MILITARY AIRCRAFT.

SINCE IT APPEARS THAT YOU ARE ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AND TO PER DIEM IN AN AMOUNT EXCEEDING THAT ALLOWED IN THE SETTLEMENT OF OCTOBER 6, 1955, YOU WILL BE ALLOWED A SUM REPRESENTING THE ADDITIONAL AMOUNT FOUND DUE ON YOUR CLAIM IN A SETTLEMENT WHICH WILL ISSUE IN DUE COURSE.