B-127081, APR. 27, 1956

B-127081, APR. 27, 1956

TO MAJOR M. E. RICHMOND, CENTRAL FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF JANUARY 16, 1956, FORWARDED HERE BY SECOND INDORSEMENT DATED FEBRUARY 17, 1956, SUBMITS FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF LIEUTENANT COLONEL WILLIAM W. QUIMBY FOR PER DIEM AND REIMBURSEMENT FOR TRAVEL EXPENSES WHILE PERFORMING TEMPORARY DUTY AT STUTTGART, GERMANY, ON DECEMBER 2, 1955.

LETTER ORDERS 12-186, HEADQUARTERS UNITED STATES ARMY, EUROPE, APO 403, DATED DECEMBER 8, 1955, CONFIRMED VERBAL ORDERS OF DECEMBER 2, 1955, DIRECTING LIEUTENANT COLONEL QUIMBY TO PROCEED ON OR ABOUT DECEMBER 2,1955, FROM HEIDELBERG TO STUTTGART, GERMANY, ON TEMPORARY DUTY FOR APPROXIMATELY ONE DAY TO ATTEND THE 7TH ARMY CRITIQUE ON "ROADBOUND III" AND RETURN TO HIS STATION. THE ORDERS PROVIDED "REIMB TO THE TVL ILO TRANS IN KIND W/IN GER IS NOT AUTH.' THE ORDERS WERE FURTHER AMENDED BY ORDERS DATED DECEMBER 23, 1955, TO PROVIDE "YOU WILL CONTACT LOCAL TO WHO WILL DETERMINE AND FURN NEC TRANS FOR TVL DIR HEREIN.' THE OFFICER STATES THAT THE PREVIOUSLY ARRANGED SCHEDULE TO TRAVEL BY GOVERNMENT MOTOR VEHICLE WAS CANCELED AS A RESULT OF ICY AND FOGGY ROAD CONDITIONS BETWEEN HEIDELBERG AND STUTTGART. THE OFFICER FURTHER STATES THAT IT WAS DETERMINED THAT IT WOULD BE NECESSARY TO TRAVEL BY RAIL, BUT TRAVEL ORDERS HAD NOT BEEN ISSUED AND SINCE THERE WAS INSUFFICIENT TIME TO HAVE TRAVEL ORDERS ISSUED TO PROVIDE FOR RAIL TRAVEL, HE PURCHASED A ROUND TRIP RAIL TICKET BETWEEN THE TWO POINTS.

YOU INDICATE THAT DOUBT EXISTS AS TO THE PROPRIETY OF PAYMENT FOR PERSONALLY PROCURED RAIL TRANSPORTATION WITHIN WESTERN GERMANY IN VIEW OF THE PROVISIONS OF PARAGRAPH 2100 OF THE JOINT TRAVEL REGULATIONS AND DEPARTMENT OF THE ARMY CIRCULAR NO. 35-41, SEPTEMBER 22, 1955. ALSO, YOU STATE THAT HAD LIEUTENANT COLONEL QUIMBY RECEIVED APPROPRIATE ORDERS, A PASSENGER TRANSPORTATION WARRANT WOULD HAVE BEEN ISSUED HIM FOR WHICH HE COULD HAVE RECEIVED A TICKET AT NO COST TO THE UNITED STATES GOVERNMENT, SUCH COST BEING CHARGEABLE TO THE GERMAN FEDERAL REPUBLIC.

PARAGRAPH 2100 OF THE JOINT TRAVEL REGULATIONS PRECLUDES PAYMENT OF TRANSPORTATION ALLOWANCES IN LIEU OF TRANSPORTATION PRESCRIBED IN PARAGRAPHS 4203-3 AND 7003 FOR TRAVEL PERFORMED IN OCCUPIED AREAS WHERE TRAVEL MAY BE PERFORMED AT NO COST TO THE GOVERNMENT OR THE TRAVELER, UNLESS THE MODE OF TRANSPORTATION EMPLOYED WAS SPECIFICALLY DIRECTED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. DEPARTMENT OF THE ARMY CIRCULAR NO. 35-41, SEPTEMBER 22, 1955, PROVIDES THAT EFFECTIVE UNTIL MAY 5, 1956, TERMINATION DATE OF THE DEFENSE SUPPORT PERIOD FOR GERMANY, COMMERCIAL RAIL SERVICE REQUIRED IN CONNECTION WITH OFFICIAL TRAVEL OF MEMBERS OF THE UNIFORMED SERVICE, WITHIN THE CONFINES OF WESTERN GERMANY, IS BEING FURNISHED AT NO COST TO THE UNITED STATES BY THE GERMAN FEDERAL REPUBLIC. THE CIRCULAR FURTHER PROVIDES THAT THE MONETARY ALLOWANCES IN LIEU OF TRANSPORTATION PRESCRIBED IN PARAGRAPH 4203-3 OF THE JOINT TRAVEL REGULATIONS IS NOT AUTHORIZED FOR TRAVEL PERFORMED IN WESTERN GERMANY PRIOR TO MAY 5, 1956.

THE OFFICER,THROUGH NO FAULT OF HIS OWN, WAS REQUIRED TO OBTAIN AT PERSONAL EXPENSE TRANSPORTATION BY COMMON CARRIER FROM HEIDELBERG TO STUTTGART, GERMANY, IN ORDER TO PERFORM OFFICIAL TRAVEL. SINCE THE LAW CONTEMPLATES THAT OFFICIAL TRAVEL SHALL BE AT GOVERNMENT EXPENSE, A MEMBER WHO PERFORMS SUCH TRAVEL BY OTHER THAN THE AUTHORIZED MEANS, NOT BECAUSE OF HIS OWN ELECTION, BUT BECAUSE OF THE FAILURE OR INABILITY OF RESPONSIBLE OFFICERS, WITHOUT THE MEMBER'S FAULT, TO FURNISH THE REQUISITE TRANSPORTATION IN KIND, MAY BE REIMBURSED FOR ACTUAL EXPENSES NOT TO EXCEED THE COST TO THE GOVERNMENT FOR TRAVEL BY COMMON CARRIER WHICH, IN THIS CASE, WOULD HAVE BEEN AT THE REGULARLY ESTABLISHED RATE IN THE ABSENCE OF WRITTEN TRAVEL ORDERS. CF. B 124101, MARCH 22, 1956, 35 COMP. GEN.-. ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT ON THE VOUCHER BEING AUTHORIZED, IF OTHERWISE CORRECT.