B-129850, JAN. 3, 1957

B-129850, JAN. 3, 1957

TO CAPTAIN E. A. WING, F.C.:

REFERENCE IS MADE TO YOUR UNDATED LETTER, FILE REFERENCE ORDKL-FF, FORWARDED BY ENDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED NOVEMBER 20, 1956, IN WHICH YOU SUBMIT FOR DECISION THE PROPRIETY OF PAYING A VOUCHER STATED IN FAVOR OF SERGEANT JUAN SANTIAGO-ALVIRA, COVERING TRAVEL EXPENSES INCIDENT TO TRAVEL PERFORMED UNDER ORDERS OF THE SENECA ORDNANCE DEPOT, ROMULUS, NEW YORK, DATED OCTOBER 3, 1956.

UNDER THE ORDERS OF OCTOBER 3 SERGEANT SANTIAGO-ALVIRA AND PRIVATE WARREN D. ANDREWS, AS MEMBERS OF THE MILITARY POLICE SECURITY DETACHMENT AT THE SENECA ORDNANCE DEPOT, WERE DIRECTED TO PROCEED ON OR ABOUT OCTOBER 5, 1956, ON TEMPORARY DUTY TO FORT JAY, NEW YORK, FOR THE PURPOSE OF ESCORTING A MILITARY PRISONER TO THE POST STOCKADE AT FORT JAY, UPON THE COMPLETION OF WHICH THEY WERE TO RETURN TO THEIR DUTY STATION. THE TRANSPORTATION OFFICER WAS AUTHORIZED TO DETERMINE AND FURNISH A TRANSPORTATION REQUEST AND MEAL TICKETS UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. YOU STATE THAT A ROUND TRIP TRANSPORTATION REQUEST AND MEAL TICKETS WERE ISSUED TO SERGEANT SANTIAGO-ALVIRA FOR THE NECESSARY TRAVEL, AND THAT THE TRANSPORTATION REQUEST WAS EXCHANGED BY HIM FOR ROUND -TRIP, FIRST-CLASS TICKETS AND PULLMAN SPACE FOR HIMSELF AND PRIVATE ANDREWS. TRAVEL IN PROCEEDING FROM THE SENECA ORDNANCE DEPOT TO FORT JAY WAS PERFORMED DURING THE PERIOD 11:30 A.M. TO 11:00 P.M. ON OCTOBER 5, BY GOVERNMENT AUTOMOBILE TO GENEVA, NEW YORK, RAIL TO NEW YORK CITY, AND SUBWAY TO FORT JAY.

YOU STATE THAT RETURN TRANSPORTATION BY RAIL HAD BEEN SCHEDULED FOR THE ENLISTED MEN, LEAVING NEW YORK CITY AT 11:50 P.M. ON OCTOBER 6 AND ARRIVING AT GENEVA AT 8:51 A.M. ON OCTOBER 7. HOWEVER, THE RETURN TRAVEL FROM NEW YORK CITY TO THE SENECA ORDNANCE DEPOT WAS PERFORMED BY SERGEANT SANTIAGO-ALVIRA BY PRIVATELY OWNED AUTOMOBILE, THE DATE OF ARRIVAL AT THE SENECA ORDNANCE DEPOT APPARENTLY BEING OCTOBER 8. TRAIN RESERVATIONS WERE NOT CANCELLED. UNUSED TICKETS FOR THE RETURN JOURNEY AND SIX UNUSED MEAL TICKETS WERE TURNED IN TO THE TRANSPORTATION OFFICER. THE SUBMITTED VOUCHER COVERED PER DIEM FOR ONE-HALF DAY AT THE RATE OF $9 AND ONE DAY AT THE RATE OF $6, PLUS REIMBURSEMENT OF 45 CENTS PAID FOR THREE SUBWAY FARES. YOU REQUEST DECISION AS TO THE PER DIEM TO WHICH SERGEANT SANTIAGO -ALVIRA IS ENTITLED, AND ALSO WHETHER HE IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE RETURN TRAVEL FROM NEW YORK CITY TO THE SENECA ORDNANCE DEPOT UNDER THE CIRCUMSTANCES INVOLVED.

PARAGRAPH 4203-3D OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN TRAVEL ORDERS SPECIFICALLY DIRECT (AS DISTINGUISHED FROM AUTHORIZE) THE ISSUANCE OF TRANSPORTATION REQUESTS VIA SPECIFIC MODES OF TRANSPORTATION, PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION TO THE MEMBER WHO TRAVELS UNDER THE ORDER AT PERSONAL EXPENSE IS PROHIBITED UNLESS EITHER THE TRANSPORTATION REQUESTS OR THE MODE OF TRANSPORTATION DIRECTED IS NOT AVAILABLE. PARAGRAPH 5100 OF THE REGULATIONS PROVIDES THAT WHEN IT IS NECESSARY TO MOVE PRISONERS OF ANY TYPE OVER PUBLIC TRANSPORTATION, TRANSPORTATION REQUESTS WILL BE OBTAINED BY THE MEMBER IN CHARGE OF THE MOVEMENT COVERING TRANSPORTATION FOR ALL MEMBERS AND PRISONERS NAMED IN THE ORDER COVERING THE MOVEMENT. WHILE THE OBTAINING AND USE OF A TRANSPORTATION REQUEST WOULD APPEAR TO BE REQUIRED UNDER THOSE PROVISIONS FOR THE TRAVEL DIRECTED IN THE ORDERS OF OCTOBER 3, 1956, TO COVER THE TRAVEL NECESSARY TO DELIVER THE PRISONER TO FORT JAY, THERE WOULD SEEM TO BE NO SUCH REQUIREMENT FOR THE TRAVEL INVOLVED IN RETURNING TO THE SENECA ORDNANCE DEPOT. CONSEQUENTLY, SINCE THE ORDERS OF OCTOBER 3 AUTHORIZED, RATHER THAN DIRECTED, THE FURNISHING OF TRANSPORTATION REQUESTS, THE PAYMENT TO SERGEANT SANTIAGO-ALVIRA OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL AT PERSONAL EXPENSE, TO THE EXTENT OTHERWISE AUTHORIZED, WOULD APPEAR TO BE PROPER EVEN THOUGH A TRANSPORTATION REQUEST WAS ISSUED FOR SUCH TRAVEL. SEE IN THAT CONNECTION, PARAGRAPH 2050-1 OF THE JOINT TRAVEL REGULATIONS.

IT IS ASSUMED THAT OF THE MEAL TICKETS ISSUED FOR THE USE OF SERGEANT SANTIAGO-ALVIRA, ONLY TWO WERE USED BY HIM ON OCTOBER 5 AND THAT THE REST WERE RETURNED UNUSED. FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE UNDER ORDERS WHICH DO NOT SPECIFICALLY STATE THAT TRAVEL BY THAT MEANS IS MORE ADVANTAGEOUS TO THE GOVERNMENT, AUTHORIZED PER DIEM IS LIMITED TO A PERIOD NOT TO EXCEED THAT PAYABLE FOR CONSTRUCTIVE TRAVEL BY COMMON CARRIER OVER THE OFFICIAL ROUTE. SEE PARAGRAPH 4204 5 OF THE JOINT TRAVEL REGULATIONS. THERE APPEARS TO HAVE BEEN NO NECESSITY FOR SERGEANT SANTIAGO-ALVIRA TO REMAIN IN NEW YORK CITY AFTER THE DELIVERY OF THE PRISONER AT FORT JAY ON THE EVENING OF OCTOBER 5, AND, THEREFORE, NO REASON WHY CONSTRUCTIVE TRAVEL FOR PER DIEM PURPOSES SHOULD NOT BE MEASURED BY THE SCHEDULE OF AVAILABLE RAIL TRANSPORTATION LEAVING NEW YORK CITY AT 9:55 A.M. ON OCTOBER 6 WHICH ARRIVED AT GENEVA AT 5:58 P.M. AND WOULD HAVE PERMITTED TRAVEL TO THE SENECA ORDNANCE DEPOT DURING THE EVENING HOURS OF THE SAME DAY. ON THAT BASIS, IT APPEARS THAT THE ENLISTED MAN IS PROPERLY ENTITLED TO PER DIEM AT THE RATE OF $9 PER DAY FROM 11:30 A.M. OCTOBER 5 THROUGH OCTOBER 6, LESS $3 FOR THE TWO MEAL TICKETS USED ON OCTOBER 5. ALSO, HE MAY BE REIMBURSED FOR THE SUBWAY FARE EXPENSES INCURRED. IN LIEU OF TRANSPORTATION HE IS PROPERLY ENTITLED TO MILEAGE AT THE RATE OF FIVE CENTS PER MILE FOR THE OFFICIAL DISTANCE FROM NEW YORK CITY TO SENECA ORDNANCE DEPOT. PRIOR TO PAYMENT OF SUCH MILEAGE, HOWEVER, THERE SHOULD BE ASCERTAINED THE COST TO THE GOVERNMENT RESULTING FROM SERGEANT SANTIAGO-ALVIRA'S FAILURE TO CANCEL HIS RESERVATIONS FOR THE RAIL TRAVEL FROM NEW YORK CITY TO GENEVA, AND THAT SUM SHOULD BE DEDUCTED FROM THE AMOUNT OTHERWISE FOUND DUE. SEE PARAGRAPH 2050 OF THE JOINT TRAVEL REGULATIONS. THE SUBMITTED VOUCHER IS RETURNED, AND PAYMENT THEREON, IF CONSISTENT WITH THE FOREGOING, IS AUTHORIZED.