B-130324, FEB. 15, 1957

B-130324, FEB. 15, 1957

TO MAJOR D. S. CHAPMAN, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF DECEMBER 19, 1956, TCSMC-CF 120 (CF) FORWARDED TO US ON JANUARY 10, 1957, THROUGH THE OFFICE OF THE CHIEF OF FINANCE, REFERENCE FINEK 248.7, REQUESTS OUR DECISION WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH ENCLOSED IN FAVOR OF GEORGE C. DELLAPA REPRESENTING A CLAIM FOR TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH TRAVEL BETWEEN JUNE 9, 1956, AND SEPTEMBER 30, 1956.

THE CLAIMANT LEFT HIS HEADQUARTERS, ST. LOUIS, MISSOURI, JUNE 9, 1956, IN AN ANNUAL LEAVE STATUS, TRAVELING TO PHILADELPHIA, PENNSYLVANIA. APPEARS THAT AT THE TIME OF DEPARTURE FROM ST. LOUIS HE HAD RECEIVED MILITARY TRAINING ORDERS DATED MAY 9, 1956, FOR DUTY IN WASHINGTON, D.C. THE ORDERS AUTHORIZED TRAVEL FROM HIS HOME, ST. LOUIS, TO WASHINGTON, D.C. AND RETURN. HE DEPARTED FROM PHILADELPHIA JUNE 17 AND ARRIVED IN WASHINGTON, D.C., ON THE SAME DAY FOR ACTIVE MILITARY TRAINING DUTY. WHILE ON THE MILITARY DUTY HE RECEIVED ORDERS DIRECTING TRAVEL FROM ST. LOUIS TO FORT LEE, VIRGINIA, AND RETURN, INCIDENT TO HIS CIVILIAN POSITION WITH THE DEPARTMENT OF THE ARMY. ON JUNE 29, HE LEFT WASHINGTON AND RETURNED TO PHILADELPHIA IN A LEAVE STATUS TRAVELING FROM THERE TO ATLANTIC CITY ON LEAVE. HE LEFT ATLANTIC CITY ON JULY 6 ARRIVING AT FORT LEE (PETERSBURG) VIRGINIA, JULY 7, PURSUANT TO THE CIVILIAN TRAVEL ORDERS DATED JUNE 13, 1956, TO ATTEND, AS A CIVILIAN EMPLOYEE, THE ARMY SUPPLY MANAGEMENT COURSE. THE ASSIGNMENT TERMINATED SEPTEMBER 28, 1956, AT WHICH TIME HE LEFT FORT LEE RETURNING TO HIS HEADQUARTERS AT ST. LOUIS. ARRIVED THERE SEPTEMBER 30, 1956. THE RECORD DOES NOT SHOW THE ROUTE OF HIS RETURN TRAVEL TO ST. LOUIS, AND WE ASSUME THAT HE RETURNED DIRECT RATHER THAN VIA WASHINGTON, D.C.

THE TRAVEL IN QUESTION WAS PERFORMED BY PRIVATELY-OWNED AUTOMOBILE, AND MR. DELLAPA HAS BEEN PAID MILEAGE AT 6 CENTS PER MILE BASED ON THE ROUND TRIP DISTANCE OF 1,764 MILES SHOWN IN ARMY REGULATIONS 55-60 AS OFFICIAL DISTANCE BETWEEN ST. LOUIS, MISSOURI, AND WASHINGTON, D.C., INCIDENT TO HIS ACTIVE MILITARY DUTY TRAINING PERIOD. HIS TRAVEL ORDER OF JUNE 13, 1956, TO ATTEND THE FORT LEE MANAGEMENT COURSE AUTHORIZED TRAVEL BY PRIVATELY-OWNED AUTOMOBILE NOT TO EXCEED THE COST BY COMMON CARRIER. MILEAGE RATE WAS SPECIFIED; WE ASSUME, HOWEVER, THAT APPROVAL AT THE 8 CENT RATE AUTHORIZED BY CPR T3 WILL BE MADE.

THE CLAIMANT WOULD THUS BE ENTITLED TO PAYMENT AT THE SPECIFIED MILEAGE RATE FOR TRAVEL AS A CIVILIAN FROM WASHINGTON, D.C., TO ST. LOUIS, MISSOURI, VIA FORT LEE, VIRGINIA, NOT TO EXCEED COSTS BY COMMON CARRIER INCLUDING PER DIEM FOR TRAVEL TIME AT THE $9 RATE AND TAXICAB FARES. HOWEVER, THERE WOULD BE FOR DEDUCTING FROM THE SUMFOUND DUE THE PAYMENT ALREADY MADE FOR THE CONSTRUCTIVE DIRECT RETURN TO ST. LOUIS FROM WASHINGTON, D.C., AT TERMINATION OF THE MILITARY DUTY THERE BEING NO AUTHORITY TO PAY TWICE TO THE SAME INDIVIDUAL FOR THE SAME TRAVEL.

AS THE TRAVEL ORDER FOR THE TEMPORARY DUTY AT FORT LEE LIMITED THE PER DIEM TO $6 PER DAY ,WHERE GOVERNMENT QUARTERS ARE AVAILABLE AT FT. LEE," AND YOU REPORT THAT NO EVIDENCE HAS BEEN SUBMITTED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE, THE PER DIEM ALLOWANCE FOR THE TIME SPENT AT FORT LEE SHOULD BE LIMITED TO THE $6 RATE SUBJECT TO ADDITIONAL ALLOWANCE SHOULD EVIDENCE BE SUBMITTED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE.