B-144193, DEC. 6, 1960

B-144193, DEC. 6, 1960

TO MR. SANFORD E. SHIELDS:

BY LETTER DATED OCTOBER 4, 1960, REPRESENTATIVE CHARLES E. BENNETT FORWARDED YOUR LETTER OF SEPTEMBER 29, 1960, TO US, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 26, 1960. IN THAT SETTLEMENT OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS AND FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR SERVICE AS A COMMISSIONED OFFICER IN THE UNITED STATES PUBLIC HEALTH SERVICE.

THE RECORD SHOWS THAT YOU WERE ORDERED TO ACTIVE DUTY AT THE COMMUNICABLE DISEASE CENTER, GRAND RIVER, IOWA, EFFECTIVE FEBRUARY 26, 1947. BY ORDERS DATED FEBRUARY 15, 1954, YOU WERE RELIEVED FROM YOUR DUTY STATION WITH THE PUBLIC HEALTH SERVICE AT NASHVILLE, TENNESSEE, AND ASSIGNED TO DUTY AT SONGKHLA, THAILAND, WITH THE UNITED STATES OPERATIONS MISSION (MSA) UNDER THE JURISDICTION OF THE FOREIGN OPERATIONS ADMINISTRATION AND ITS SUCCESSOR, THE INTERNATIONAL COOPERATION ADMINISTRATION. TRAVEL AUTHORIZATIONS ISSUED PURSUANT TO THIS TRANSFER SHOW YOU WERE AUTHORIZED TRANSPORTATION FOR YOUR DEPENDENTS FROM NASHVILLE, TENNESSEE, TO BANGKOK, THAILAND. YOU WERE ALSO AUTHORIZED TRANSPORTATION OF YOUR EFFECTS FROM NASHVILLE, TENNESSEE, TO BANGKOK NOT TO EXCEED 2,940 POUNDS GROSS WEIGHT AND STORAGE AT NASHVILLE OF YOUR EFFECTS NOT TO EXCEED 4,095 POUNDS GROSS WEIGHT. THE RECORD SHOWS THAT 4,090 POUNDS OF YOUR EFFECTS WERE PLACED IN STORAGE AT NASHVILLE, TENNESSEE, AT GOVERNMENT EXPENSE. AN ADDITIONAL 1,110 POUNDS WERE SHIPPED BY YOU IN 1954 TO DES MOINES, IOWA, AT PERSONAL EXPENSE OF $108.47. IT APPEARS THAT THIS WAS EXCESS WEIGHT WHICH, UNDER THE TERMS OF YOUR ORDERS, COULD NOT HAVE BEEN STORED OR SHIPPED AT GOVERNMENT EXPENSE INCIDENT TO YOUR TRANSFER OVERSEAS.

BY ORDERS DATED MARCH 7, 1956, YOU WERE RELIEVED FROM YOUR DUTY STATION AT THAILAND AND DIRECTED TO RETURN TO YOUR FORMER DUTY STATION AT NASHVILLE, TENNESSEE. UPON ARRIVAL THERE YOU WERE TO BE IN A LEAVE STATUS PENDING REASSIGNMENT OR RELEASE FROM ACTIVE DUTY BY THE PUBLIC HEALTH SERVICE. YOU AND YOUR DEPENDENTS RETURNED TO NASHVILLE, TENNESSEE, AT GOVERNMENT EXPENSE AND THE GOVERNMENT ALSO PAID FOR THE SHIPMENT OF 3,547 POUNDS OF YOUR EFFECTS FROM THAILAND TO NASHVILLE. BY CONFIRMATORY ORDERS DATED SEPTEMBER 20, 1956, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT NASHVILLE, TENNESSEE, AND DETAILED TO THE PAN AMERICAN SANITARY BUREAU FOR DUTY FOR A PERIOD OF TWO YEARS. YOU WERE ON LEAVE AT DES MOINES, IOWA, WHEN YOU WERE DIRECTED TO PROCEED FROM THERE BY PRIVATELY OWNED AUTOMOBILE TO YOUR NEW DUTY STATION AT ACAPULCO, MEXICO. BY ORDERS DATED DECEMBER 22, 1958, YOU WERE RELIEVED FROM YOUR ASSIGNMENT IN MEXICO WITH THE PAN- AMERICAN SANITARY BUREAU AND TRANSFERRED BACK TO NASHVILLE, TENNESSEE. HOWEVER, YOU AND YOUR DEPENDENTS DID NOT GO TO NASHVILLE BUT INSTEAD WENT TO DES MOINES, IOWA. PAYMENT FOR THIS TRAVEL WAS MADE BY THE PAN-AMERICAN SANITARY BUREAU.

YOU NOW CLAIM REIMBURSEMENT IN THE SUM OF $108.47 REPRESENTING THE COST OF SHIPPING THE 1,110 POUNDS OF HOUSEHOLD EFFECTS FROM NASHVILLE TO DES MOINES IN 1954 WHEN YOU WERE ASSIGNED TO DUTY AT THAILAND. YOU ALSO CLAIM REIMBURSEMENT FOR TRANSPORTATION OF YOUR EFFECTS FROM NASHVILLE TO GRAND RIVER, IOWA, INCIDENT TO YOUR ASSIGNMENT TO DUTY IN MEXICO. IN ADDITION YOU CLAIM REIMBURSEMENT FOR TRANSPORTATION FOR YOU AND YOUR DEPENDENTS FROM NASHVILLE TO GRAND RIVER, IOWA.

UNDER THE LAWS AND REGULATIONS GOVERNING THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON PERMANENT CHANGE OF STATION OR OTHERWISE, CLAIMS ARISING OUT OF THE SHIPMENT OF HOUSEHOLD EFFECTS AND FOR PERSONAL AND DEPENDENT TRAVEL, EACH RELATING TO SEPARATE SETS OF ORDERS, MUST BE CONSIDERED INDIVIDUALLY IN RELATION TO THE CIRCUMSTANCES OF THOSE ORDERS. YOUR CLAIM FOR $108.47 REPRESENTING REIMBURSEMENT FOR THE COST OF SHIPPING 1,110 POUNDS OF EFFECTS FROM NASHVILLE, TENNESSEE, TO DES MOINES, IOWA, AROSE INCIDENT TO YOUR ASSIGNMENT TO THAILAND PURSUANT TO ORDERS OF FEBRUARY 15, 1954. THOSE ORDERS SHOW THAT YOUR TRANSFER TO THAILAND WAS MADE IN ACCORDANCE WITH THE MUTUAL SECURITY ACT OF 1952, 66 STAT. 141. THIS STATUTE ENABLED THE PUBLIC HEALTH SERVICE TO DETAIL YOU TO THE FOREIGN OPERATIONS ADMINISTRATION AND AUTHORIZED YOU TO RECEIVE THE ALLOWANCES AND BENEFITS PROVIDED FOR OFFICERS IN THE FOREIGN SERVICE RESERVE OR STAFF BY THE FOREIGN SERVICE ACT OF 1946, AS AMENDED (22 U.S.C. 801 1204). THE FOREIGN OPERATIONS ADMINISTRATION, IN EXERCISE OF ITS ADMINISTRATIVE AUTHORITY IN THE MATTER, LIMITED THE AMOUNT OF EFFECTS YOU COULD SHIP TO THAILAND TO 2,940 POUNDS GROSS WEIGHT. IN ADDITION YOU WERE PERMITTED STORAGE OF EFFECTS AT NASHVILLE NOT TO EXCEED 4,095 POUNDS GROSS WEIGHT. SINCE THE 1,110 POUNDS OF EFFECTS WHICH YOU SHIPPED TO DES MOINES CONSTITUTED EXCESS WEIGHT WHICH COULD NOT HAVE BEEN SHIPPED OVERSEAS OR STORED AT GOVERNMENT EXPENSE, THERE IS NO AUTHORITY UNDER YOUR ORDERS OF FEBRUARY 15, 1954, TO REIMBURSE YOU FOR THE COST OF THAT SHIPMENT. UNDER YOUR ORDERS OF MARCH 7, 1956, YOU WERE AUTHORIZED TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS BACK TO NASHVILLE FROM THAILAND. HENCE, THERE IS NO AUTHORITY UNDER THOSE ORDERS FOR ADDITIONAL REIMBURSEMENT FOR PERSONAL AND DEPENDENT TRAVEL AND THE PRIOR SHIPMENT IN 1954 OF YOUR EFFECTS FROM NASHVILLE TO IOWA.

INCIDENT TO YOUR ORDERS OF SEPTEMBER 20, 1956, YOU WERE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENTS FROM NASHVILLE, TENNESSEE, TO ACAPULCO, MEXICO. YOU WERE ALSO ENTITLED TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM NASHVILLE, TENNESSEE, TO A DESIGNATED PLACE NOT IN EXCESS OF THE COST OF SHIPMENT FROM NASHVILLE, TENNESSEE, TO ACAPULCO, MEXICO (PARAGRAPHS 8253-2E AND 8400-2, JOINT TRAVEL REGULATIONS). AT THIS POINT IT SHOULD BE NOTED THAT WHILE YOU SHOW ON YOUR VOUCHER THAT THE SHIPMENT OF YOUR EFFECTS TO GRAND RIVER, IOWA, WAS MADE IN 1957 IN TWO SEPARATE SHIPMENTS, OUR RECORDS INDICATE THAT THE SHIPMENTS MAY HAVE BEEN MADE IN SEPTEMBER 1956 PRIOR TO YOUR TRANSFER TO THE PAN-AMERICAN SANITARY BUREAU. PARAGRAPH 8014-1 OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT PROVIDED THAT SHIPMENT OF EFFECTS WAS NOT AUTHORIZED PRIOR TO RECEIPT OF ORDERS. HOWEVER, SINCE THE RECORD SHOWS THAT YOU HAD KNOWLEDGE OF THE PENDING CHANGE OF STATION ORDERS WHICH WERE SUBSEQUENTLY ISSUED AND THAT THE INTERESTS OF THE GOVERNMENT WERE NOT PREJUDICED BY THE EARLY SHIPMENTS, THEY NEED NOT BE REGARDED AS OPERATING TO DEFEAT YOUR RIGHT TO REIMBURSEMENT TO THE EXTENT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS FOR SUCH SHIPMENTS.

WITH REGARD TO REIMBURSEMENT FOR THE TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS FROM NASHVILLE TO GRAND RIVER, IOWA, IN 1956, SUCH TRAVEL WAS PERFORMED WHILE YOU WERE IN A LEAVE STATUS FOLLOWING YOUR TRANSFER FROM THAILAND TO NASHVILLE. THE ORDERS DIRECTING THAT TRANSFER CONSTITUTED AUTHORITY FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS ONLY TO NASHVILLE. SUBSEQUENT ORDERS ASSIGNING YOU TO DUTY IN MEXICO PROVIDED FOR YOUR TRAVEL FROM DES MOINES, WHERE YOU WERE THEN ON LEAVE. PARAGRAPH 4156, CASE 7, OF THE JOINT TRAVEL REGULATIONS,PROVIDES THAT WHEN THE STATION OF A MEMBER IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE, HE IS ENTITLED, ON JOINING THE NEW STATION, TO ALLOWANCES FROM THE PLACE WHERE HE RECEIVED THE ORDERS TO THE NEW STATION, NOT TO EXCEED THE DISTANCE FROM THE OLD TO THE NEW STATION. LIKEWISE, PARAGRAPH 7052 OF THE REGULATIONS PROVIDES THAT A MEMBER WHO RECEIVES PERMANENT CHANGE OF STATION ORDERS WHILE ON LEAVE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR THE TRAVEL PERFORMED, NOT TO EXCEED ENTITLEMENT FROM HIS OLD TO HIS NEW STATION. SINCE YOU HAVE BEEN REIMBURSED FOR THE TRAVEL FROM DES MOINES, THE PLACE WHERE YOU RECEIVED YOUR ORDERS, TO YOUR STATION IN MEXICO, YOU ARE NOT ENTITLED, INCIDENT TO THAT ASSIGNMENT, TO REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU OR YOUR DEPENDENTS FROM NASHVILLE TO DES MOINES WHILE YOU WERE IN A LEAVE STATUS.

THE RECORD FURTHER SHOWS THAT WHILE YOU WERE ON DUTY IN MEXICO YOUR DEPENDENTS WERE RETURNED AT GOVERNMENT EXPENSE TO DES MOINES IN JULY 1958 FOR REASONS OF HEALTH. AFTER COMPLETING YOUR ASSIGNMENT IN MEXICO, ORDERS WERE ISSUED ON DECEMBER 22, 1958, WHICH AGAIN ASSIGNED NASHVILLE AS YOUR PERMANENT DUTY STATION. INSOFAR AS THE RECORD SHOWS, HOWEVER, YOU DID NOT RETURN THERE BUT TRAVELED FROM YOUR STATION IN MEXICO TO DES MOINES AND RECEIVED REIMBURSEMENT FOR THAT TRAVEL. EFFECTIVE MARCH 3, 1959, YOU WERE RELEASED FROM ACTIVE DUTY WITH THE PUBLIC HEALTH SERVICE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, PROVIDES THAT TRAVEL ALLOWANCES MAY BE PAID ONLY FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS EXCEPT THAT THE ALLOWANCES OTHERWISE PAYABLE FOR THE DISTANCES FROM LAST DUTY STATION TO HOME, OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, MAY BE PAID WITHOUT THE REQUIREMENT OF TRAVEL. SUCH PROVISIONS AUTHORIZING PAYMENT OF TRAVEL ALLOWANCES ON SEPARATION FROM THE SERVICE, OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT THE MEMBER PERFORMS THE TRAVEL INVOLVED RELATE ONLY TO PROSPECTIVE TRAVEL. THERE IS NO AUTHORITY TO PAY MILEAGE TO A MEMBER WHO IS AT HOME AT THE TIME OF HIS RELEASE FROM ACTIVE DUTY. 32 COMP. GEN. 348; 33 ID. 373; 36 ID. 632. SINCE YOU DID NOT TRAVEL TO NASHVILLE AFTER COMPLETING YOUR ASSIGNMENT IN MEXICO, BUT TRAVELED TO DES MOINES FOR YOUR OWN CONVENIENCE AND RECEIVED REIMBURSEMENT FOR THAT TRAVEL--- INVOLVING A GREATER DISTANCE THAN TO GRAND RIVER--- AND SINCE YOU APPARENTLY PERFORMED NO ASSIGNED DUTIES AT ANY OTHER LOCATION AFTER RETURNING TO DES MOINES, THERE IS NO PROPER BASIS TO ALLOW YOU A TRAVEL ALLOWANCE INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. ACCORDINGLY, SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING YOU THE AMOUNT DUE FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS ON THE BASIS INDICATED ABOVE.