B-140819, OCT. 19, 1960

B-140819, OCT. 19, 1960

TO MAJOR WILLIAM D. BROWN:

IN YOUR LETTER DATED AUGUST 27, 1960, YOU REFER TO OUR DECISION TO YOU OF AUGUST 24, 1960, B-140819, IN WHICH WE CANCELLED YOUR INDEBTEDNESS IN THE SUM OF $392.78 AND AUTHORIZED PAYMENT TO YOU IN THE SUM OF $18 REPRESENTING PER DIEM FOR CONSTRUCTIVE TRAVEL TIME FROM OVERSEAS TO THE UNITED STATES. YOU REQUEST INFORMATION WHETHER UNDER THIS DECISION YOU MAY BE ALLOWED THE DIFFERENCE BETWEEN THE COST OF TRAVEL TO SAN FRANCISCO, CALIFORNIA, VIA THE PACIFIC AND THE AMOUNT EXPENDED BY THE GOVERNMENT IN FURNISHING YOU TRANSPORTATION TO ZURICH, SWITZERLAND ($816 LESS $526.40 OR $289.60), AS REIMBURSEMENT FOR THE TRAVEL YOU PERFORMED FROM ZURICH, SWITZERLAND, TO NEW YORK, NEW YORK, AT PERSONAL EXPENSE.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES ON OFFICIAL BUSINESS AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A). UNDER THE STATUTE AND REGULATIONS, THE GOVERNMENT'S OBLIGATION IS LIMITED TO FURNISHING A MEMBER TRANSPORTATION OR REIMBURSEMENT THEREFOR FROM HIS OLD TO HIS NEW DUTY STATION. A MEMBER WHO PERFORMS AUTHORIZED TRAVEL BY A ROUTE OTHER THAN THE DIRECT OR OFFICIAL ROUTE IS DUE REIMBURSEMENT FOR THE TRAVEL AND TRANSPORTATION COSTS ACTUALLY INCURRED, NOT TO EXCEED THE COSTS HE WOULD HAVE NECESSARILY INCURRED BY THE DIRECT OR OFFICIAL ROUTE TO HIS NEW DUTY STATION. IF THE COSTS ACTUALLY INCURRED ARE LESS THAN THE CONSTRUCTIVE COSTS OVER THE OFFICIAL ROUTE HE IS LIMITED TO SUCH COSTS. SEE 7 COMP. GEN. 840, 842.

THE CONSTRUCTIVE COST OF COMMERCIAL TRAVEL TO YOUR NEW STATION VIA THE PACIFIC ROUTE WOULD HAVE BEEN AT LEAST $1,506.96, COMPUTED AS FOLLOWS:COMMERCIAL AIR TRANSPORTATION FROM SAIGON TO SAN FRANCISCO, CALIFORNIA, $816; SHIPPING 135 POUNDS OF EXCESS BAGGAGE, $497.76; MILEAGE FROM SAN FRANCISCO TO FORT BENNING, GEORGIA, 2,920 MILES AT SIX CENTS A MILE, OR $175.20; AND PER DIEM AT $9 FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME, OR $18. YOU WERE ENTITLED UNDER YOUR ORDERS TO REIMBURSEMENT FOR THE EXPENSES INVOLVED FOR TRAVEL AS ACTUALLY PERFORMED BY YOU NOT TO EXCEED THE COST COMPUTED ON THE BASIS OF CONSTRUCTIVE TRAVEL VIA THE PACIFIC ROUTE.

YOU WERE FURNISHED TRANSPORTATION FROM SAIGON, VIETNAM, TO BANGKOK, THAILAND, BY GOVERNMENT AIRCRAFT AND FROM THERE TO ZURICH, SWITZERLAND, BY COMMERCIAL AIRCRAFT FOR WHICH THE GOVERNMENT PAID THE SUM OF $526.40. THE GOVERNMENT ALSO PAID THE SUM OF $474.58 FOR 135 POUNDS OF EXCESS BAGGAGE. SINCE YOU WERE IN SWITZERLAND INCIDENT TO LEAVE AUTHORIZED IN YOUR ORDERS THE TRAVEL YOU PERFORMED FROM THERE TO SOUTHAMPTON AT PERSONAL EXPENSE MUST BE REGARDED AS INCIDENT TO SUCH LEAVE AND MAY NOT BE INCLUDED IN COMPUTING THE ACTUAL COST OF YOUR TRAVEL. YOU PERFORMED SEA TRAVEL FROM SOUTHAMPTON, ENGLAND, TO NEW YORK, NEW YORK, AT PERSONAL EXPENSE OF $222. YOU WERE PAID MILEAGE FROM NEW YORK TO FORT BENNING, GEORGIA, 993 MILES AT SIX CENTS A MILE, OR $59.58. YOU WERE ENTITLED TO PER DIEM AT $9 FOR TWO DAYS' TRAVEL TIME, OR $18. HENCE, THE ACTUAL COST OF YOUR TRAVEL WAS $1,300.56. SINCE THIS IS LESS THAN THE CONSTRUCTIVE COST OF TRAVEL VIA THE PACIFIC ROUTE, IT APPEARS YOU ARE ENTITLED TO REIMBURSEMENT FOR ACTUAL COSTS OF SEA TRAVEL AS CLAIMED BY YOU IN ADDITION TO PER DIEM PAYMENT OF $18 AUTHORIZED IN THE DECISION OF AUGUST 24, 1960, OR A TOTAL OF $240. SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE.