B-141371, JAN. 4, 1960

B-141371, JAN. 4, 1960

TO MISS LUCIE LACKEDY:

YOUR LETTER OF NOVEMBER 9, 1959, WITH ENCLOSURES, REQUESTS REVIEW OF OUR SETTLEMENT OF FEBRUARY 13, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL YOU PERFORMED BY PRIVATELY OWNED AUTOMOBILE FROM BANGOR, MAINE, TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, DURING THE PERIOD JUNE 17 TO 24, 1952.

BY ORDERS DATED JUNE 17, 1952, HEADQUARTERS, UNITED STATES ARMY AND UNITED STATES AIR FORCE, NEW ENGLAND RECRUITING DISTRICT, FIRST ARMY, BOSTON, MASSACHUSETTS, YOU WERE DIRECTED TO PROCEED FROM BANGOR, MAINE, ON OR ABOUT JUNE 17, 1952, AND REPORT AT YOUR FIRST DUTY STATION, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, NOT LATER THAN JUNE 26, 1952. THE ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE. YOUR CLAIM FOR THE COST OF TRAVEL WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 13, 1953, FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS THEN IN EFFECT PROVIDED THAT MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO THEIR FIRST DUTY STATION, SHALL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS TO FIRST STATION, NO PROVISION BEING MADE FOR REIMBURSEMENT WHERE TRAVEL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE.

IN YOUR LETTER OF NOVEMBER 9, 1959, YOU SAY THAT YOU WERE NEWLY ENLISTED IN THE AIR FORCE AND THAT YOU WERE NOT ADVISED PRIOR TO COMMENCEMENT OF TRAVEL AS TO ENTITLEMENT FOR TRANSPORTATION NOR FORFEITURE OF TRANSPORTATION EXPENSES FOR TRAVEL BY PERSONAL MEANS. YOU CONTEND, THEREFORE, THAT SINCE YOU PERFORMED THE TRAVEL IN GOOD FAITH AT PERSONAL EXPENSE, YOU SHOULD BE ALLOWED AT LEAST THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT FOR YOUR TRANSPORTATION AND MEALS HAD YOU UTILIZED TRANSPORTATION FURNISHED AT GOVERNMENT EXPENSE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT, 37 U.S.C. 253 (A), PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORM SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED, OR TO BE PERFORMED, UNDER COMPETENT ORDERS UPON ENLISTMENT, FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST DUTY STATION. PARAGRAPH 5052 OF THE JOINT TRAVEL REGULATIONS DATED AUGUST 1, 1951, PROMULGATED PURSUANT TO SUCH STATUTORY AUTHORITY AND IN EFFECT AT THE TIME OF YOUR ENLISTMENT ON JUNE 17, 1952, PROVIDES THAT "ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO THEIR FIRST DUTY STATIONS WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS.' AIR FORCE REGULATION NO. 39-9, DATED DECEMBER 3, 1951, WHICH SETS FORTH THE PROCEDURE GOVERNING ENLISTMENT OF MEN AND WOMEN IN THE REGULAR AIR FORCE AND WHICH IS CITED IN YOUR ORDERS OF JUNE 17, 1952, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"26. ENLISTMENT FORMS AND INFORMATION TO APPLICANT:

"B. EXPLANATION BY RECRUITING OFFICER. BEFORE ANY APPLICANT SIGNS DD FORM 4, THE RECRUITING OFFICER WILL EXPLAIN THE NATURE OF THE SERVICE, PERIOD OF SERVICE, AND THE AMOUNT OF BASIC PAY, CLOTHING ALLOWANCE, BASIC ALLOWANCE FOR SUBSISTENCE, REENLISTMENT BONUS (IF APPLICABLE), AND OTHER ALLOWANCES TO WHICH AN ENLISTED PERSON IS ENTITLED BY LAW. * * *

"43. TRANSPORTATION AND SUBSISTENCE:

"D. FIRST DUTY BASE. TRANSPORTATION AND SUBSISTENCE WILL BE FURNISHED TO ENLISTEES FROM THE PLACE OF ENLISTMENT TO THEIR FIRST DUTY BASE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5052, JOINT TRAVEL REGULATIONS INSTRUCTIONS MEMORANDUM 1-1, 2 MARCH 1951. TRAVEL BY PRIVATELY OWNED CONVEYANCE IS NOT AUTHORIZED.'

THESE REGULATIONS PLACED A DUTY UPON THE RECRUITING OFFICER TO PROVIDE YOU WITH ALL PERTINENT INFORMATION CONCERNING YOUR ENTITLEMENT TO PAY AND ALLOWANCES UPON YOUR ENLISTMENT. THERE IS NOTHING IN THE AVAILABLE RECORD IN YOUR CASE TO ESTABLISH THAT YOU WERE NOT GIVEN THIS INFORMATION. THE CONTRARY, THE CONCLUSION APPEARS REQUIRED THAT THE RECRUITING OFFICER ADVISED YOU AS TO YOUR TRANSPORTATION ALLOWANCES AND OFFERED TO PROVIDE YOU WITH TRANSPORTATION IN KIND TO ACCOMPLISH THE TRAVEL REQUIRED IN PROCEEDING TO YOUR FIRST DUTY STATION, AND THAT THE PROVISION AUTHORIZING YOU TO TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS INCLUDED IN YOUR ORDERS BY YOUR OWN REQUEST AND FOR YOUR OWN CONVENIENCE.

ACCORDINGLY, AND SINCE THE REGULATIONS PROVIDING FOR TRANSPORTATION IN KIND AND MEAL TICKETS FOR ENLISTED PERSONNEL TRAVELING TO FIRST DUTY STATION ARE CONTROLLING AS TO THE RIGHTS OF PERSONNEL INVOLVED, THERE IS NO LEGAL BASIS ON WHICH WE PROPERLY MAY AUTHORIZE REIMBURSEMENT FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE. THEREFORE, THE SETTLEMENT OF FEBRUARY 13, 1953, IS CORRECT AND IS SUSTAINED.