B-142403, AUG. 24, 1960

B-142403, AUG. 24, 1960

TO STAFF SERGEANT DAVID M. HARRIS:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 11, 1960, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PER DIEM AND MILEAGE FOR TRAVEL PERFORMED BY YOU FROM SAIGON, VIETNAM, TO FORT LEE, VIRGINIA, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS DATED MARCH 14, 1959, AS MAJOR, 01591784.

BY THE SETTLEMENT DATED JANUARY 15, 1960, YOU WERE ALLOWED $43.97 AS REIMBURSEMENT FOR EXPENSES INVOLVED IN TRAVEL FROM SAIGON, VIETNAM, TO FORT LEE, VIRGINIA, UNDER ORDERS DATED MARCH 14, 1959. THE ALLOWANCE INCLUDED PER DIEM AT $9 A DAY FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME FROM SAIGON TO SAN FRANCISCO, AND MILEAGE FROM LONDON, ENGLAND, TO SOUTHAMPTON, ENGLAND, AND FROM NEW YORK, NEW YORK, TO FORT LEE, VIRGINIA.

BY ORDERS OF MARCH 14, 1959, YOU WERE RELIEVED FROM ASSIGNMENT WITH UNITED STATES ARMY ELEMENT MILITARY ASSISTANCE ADVISORY GROUP, SAIGON, VIETNAM, AND DIRECTED TO PROCEED ON OR ABOUT MARCH 17, 1959, TO YOUR NEW DUTY STATION, FORT LEE, VIRGINIA. DELAY EN ROUTE CHARGEABLE AS LEAVE WAS AUTHORIZED. THE ORDERS AUTHORIZED TRAVEL TO THE EAST COAST PORT OF EMBARKATION VIA ATLANTIC ROUTE, BUT STATED THAT ALL COSTS IN EXCESS OF NORMAL COSTS VIA PACIFIC ROUTE TO DESTINATION MUST BE BORNE BY OFFICER. PAYMENT OF PER DIEM WAS AUTHORIZED, NOT TO EXCEED THAT AUTHORIZED FOR TRAVEL VIA NORMAL PACIFIC ROUTE. TRAVEL BY MILITARY OR COMMERCIAL AIRCRAFT OR SURFACE CARRIER WAS AUTHORIZED.

YOUR ITINERARY ON THE CLAIM VOUCHER SIGNED BY YOU SHOWS YOU DEPARTED SAIGON, VIETNAM, MARCH 17, 1959, BY COMMERCIAL AIR WITH STOPOVERS AT VARIOUS POINTS IN ASIA AND EUROPE EN ROUTE TO LONDON, ENGLAND, THEN BY SURFACE TRANSPORTATION ON THE SS UNITED STATES TO NEW YORK CITY, ARRIVING APRIL 7, 1959. THE REMAINDER OF THE TRAVEL TO YOUR NEW DUTY STATION, FORT LEE, VIRGINIA, WAS BY PRIVATELY OWNED VEHICLE. YOU WERE FURNISHED A TRANSPORTATION REQUEST FOR MOST OF THE TRAVEL PERFORMED.

THE RECORD SHOWS THAT YOU WERE PERMITTED TO TRAVEL AT GOVERNMENT EXPENSE TO THE EAST COAST PORT OF ENTRY VIA THE ATLANTIC ROUTE BECAUSE BOTH GOVERNMENT AIR AND SURFACE TRANSPORTATION REPORTEDLY WERE UNAVAILABLE DURING THE PERIOD OF YOUR TRAVEL VIA THE PACIFIC ROUTE WHICH IS THE USUALLY TRAVELED ROUTE. HOWEVER, IT APPEARS TO BE YOUR VIEW THAT SINCE TRAVEL ALLOWANCES ARE LIMITED TO THOSE ACCRUING FOR TRAVEL OVER THE USUALLY TRAVELED ROUTE YOU ARE ENTITLED TO ADDITIONAL MILEAGE BASED ON THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO FORT LEE, VIRGINIA.

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, AS AMENDED, 37 U.S.C. 253 (A). UNDER THE PROVISIONS OF PARAGRAPH 4159, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED, A MEMBER TRAVELING TO THE UNITED STATES ON PERMANENT CHANGE OF STATION FROM AN OVERSEAS STATION UNDER ORDERS WHICH DID NOT SPECIFY GROUP TRAVEL OR DIRECT A SPECIAL MODE OF TRANSPORTATION WAS REQUIRED TO PERFORM TRANSOCEANIC TRAVEL BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE. IF SUCH TRANSPORTATION WAS NOT AVAILABLE, THEN HE WAS ENTITLED TO GOVERNMENT PROCURED COMMERCIAL TRANSPORTATION OR TO REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE. 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.

THE CONSTRUCTIVE COST OF TRAVEL TO YOUR NEW STATION VIA THE PACIFIC ROUTE WOULD HAVE BEEN APPROXIMATELY $1,521.36, 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 LEE, VIRGINIA, 3,160 MILES AT 6 CENTS A MILE, OR $189.60; AND PER DIEM AT $9 FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME, $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 NEW YORK, NEW YORK, AT A COST TO THE GOVERNMENT OF $789.60. BY OUR SETTLEMENT DATED JANUARY 15, 1960, YOU WERE ALLOWED MILEAGE FROM LONDON, ENGLAND, TO SOUTHAMPTON, ENGLAND ($3.95); MILEAGE FROM NEW YORK, NEW YORK, TO FORT LEE, VIRGINIA ($22.02); AND PER DIEM AT $9 A DAY FOR TWO DAYS' CONSTRUCTIVE TRAVEL TIME FROM SAIGON TO SAN FRANCISCO ($18), OR A TOTAL OF $43.97 ALLOWED BY THE SETTLEMENT. HENCE, NO ADDITIONAL AMOUNT FOR MILEAGE MAY BE ALLOWED ON YOUR CLAIM. ALSO, YOU ARE NOT ENTITLED TO ADDITIONAL PER DIEM SINCE YOUR ORDERS OF MARCH 14, 1959, SPECIFICALLY LIMITED PER DIEM TO THAT AUTHORIZED FOR TRAVEL VIA THE PACIFIC ROUTE. YOU ARE ENTITLED, HOWEVER, TO REIMBURSEMENT FOR BAGGAGE HANDLING CHARGES OF $4.75 AND TAXICAB FARES OF $2.20, OR $7.45 AS CLAIMED BY YOU. SEE PARAGRAPH 4401 AND 4403 OF THE JOINT TRAVEL REGULATIONS. A SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE.