B-130325, MAR. 5, 1957

B-130325: Mar 5, 1957

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WILKENDORF: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 31. YOU WERE RELEASED FROM DUTY OVERSEAS AND TRANSFERRED TO FORT SHERIDAN. YOU WERE FURNISHED TRANSPORTATION BY GOVERNMENT AIRCRAFT FROM FRANKFURT. WHERE YOU WERE DISCHARGED ON APRIL 21. IT APPEARS THAT INCIDENT TO YOUR TRANSFER FROM OVERSEAS TO THE UNITED STATES FOR DISCHARGE YOUR AUTOMOBILE WAS SHIPPED ON A GOVERNMENT VESSEL FROM GERMANY TO NEW YORK. THAT SUCH REQUEST WAS DENIED BY THE MILITARY AUTHORITIES. WHERE YOUR AUTOMOBILE WAS DELIVERED TO YOU. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY YOU IN CONNECTION WITH THE TRAVEL INVOLVED FOLLOWING YOUR DISCHARGE WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 5. ON THE BASIS THAT SUCH TRAVEL WAS NOT PERFORMED ON PUBLIC BUSINESS PURSUANT TO COMPETENT TRAVEL ORDERS.

B-130325, MAR. 5, 1957

TO MR. ALBERT H. WILKENDORF:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 31, 1956, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 5, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU IN CONNECTION WITH YOUR TRAVEL FROM CHICAGO, ILLINOIS, TO NEW YORK, NEW YORK, AND THENCE TO MINNEAPOLIS, MINNESOTA, FOLLOWING YOUR DISCHARGE ON APRIL 21, 1956, AS SPECIALIST THIRD CLASS UNITED STATES ARMY.

BY ORDERS DATED MARCH 21, 1956, YOU WERE RELEASED FROM DUTY OVERSEAS AND TRANSFERRED TO FORT SHERIDAN, ILLINOIS, FOR DISCHARGE. YOU WERE FURNISHED TRANSPORTATION BY GOVERNMENT AIRCRAFT FROM FRANKFURT, GERMANY, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, AND THENCE TO FORT SHERIDAN, ILLINOIS, WHERE YOU WERE DISCHARGED ON APRIL 21, 1956. IT APPEARS THAT INCIDENT TO YOUR TRANSFER FROM OVERSEAS TO THE UNITED STATES FOR DISCHARGE YOUR AUTOMOBILE WAS SHIPPED ON A GOVERNMENT VESSEL FROM GERMANY TO NEW YORK, NEW YORK.

YOU SAY THAT PRIOR TO YOUR DEPARTURE FROM OVERSEAS AND AGAIN UPON YOUR ARRIVAL IN THE UNITED STATES YOU REQUESTED THAT YOUR ORDERS BE AMENDED TO AUTHORIZE YOU TO TAKE POSSESSION OF YOUR AUTOMOBILE IN NEW YORK AND DRIVE IT TO FORT SHERIDAN, BUT THAT SUCH REQUEST WAS DENIED BY THE MILITARY AUTHORITIES. IT FURTHER APPEARS THAT FOLLOWING YOUR DISCHARGE YOU TRAVELED FROM FORT SHERIDAN TO NEW YORK, NEW YORK, WHERE YOUR AUTOMOBILE WAS DELIVERED TO YOU, AND THAT YOU DROVE IT TO MINNEAPOLIS, MINNESOTA, YOUR HOME. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY YOU IN CONNECTION WITH THE TRAVEL INVOLVED FOLLOWING YOUR DISCHARGE WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 5, 1956, ON THE BASIS THAT SUCH TRAVEL WAS NOT PERFORMED ON PUBLIC BUSINESS PURSUANT TO COMPETENT TRAVEL ORDERS.

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 TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, WHICH PRESUPPOSES TRAVEL ON PUBLIC BUSINESS. PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT ACT, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 6454 OF THE SAME REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

IT IS CLEAR THAT YOUR TRAVEL FROM CHICAGO, ILLINOIS, TO NEW YORK, NEW YORK, AND THENCE TO MINNEAPOLIS, MINNESOTA, FOLLOWING YOUR DISCHARGE, WAS NOT TRAVEL ON PUBLIC BUSINESS UNDER COMPETENT ORDERS, BUT WAS TRAVEL PERFORMED SOLELY FOR PERSONAL REASONS IN CONNECTION WITH YOUR PRIVATE BUSINESS, NOTWITHSTANDING YOUR CONTENTION THAT SUCH TRAVEL WAS MADE NECESSARY BECAUSE OF THE FAILURE OF THE MILITARY AUTHORITIES TO PERMIT YOU TO DRIVE YOUR AUTOMOBILE FROM NEW YORK, NEW YORK, TO FORT SHERIDAN, ILLINOIS, THE PLACE OF YOUR DISCHARGE. HENCE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.

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