B-144373, AUGUST 10, 1961, 41 COMP. GEN. 100

B-144373, AUGUST 10, 1961, 41 COMP. GEN. 100

TRAVEL EXPENSES - MILITARY PERSONNEL - USE OF OTHER THAN GOVERNMENT FACILITIES - REIMBURSEMENT BASIS - AUTHORIZING V. DIRECTING GOVERNMENT FACILITIES THE HOLDING IN 40 COMP. GEN. 482, ISSUED FEBRUARY 24, 1961, THAT IN VIEW OF THE CONVERSION OF THE MILITARY SEA TRANSPORTATION SERVICE AND THE MILITARY AIR TRANSPORT SERVICE TO INDUSTRIAL FUND FINANCED ACTIVITIES AND THE ESTABLISHMENT OF STANDARD CHARGES FOR TRANSPORTATION BY THESE ACTIVITIES, MEMBERS OF THE UNIFORMED SERVICES WHO ARE AUTHORIZED, AS DISTINGUISHED FROM SPECIFICALLY DIRECTED, AND WHO DO NOT USE AVAILABLE GOVERNMENT TRANSPORTATION MAY BE REIMBURSED FOR THE USE OF COMMERCIAL TRANSPORTATION AT PERSONAL EXPENSE UNDER THE JOINT TRAVEL REGULATIONS ON THE BASIS OF THE STANDARD CHARGES WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY HAD THE TRAVEL BEEN BY GOVERNMENT TRANSPORTATION IS APPLICABLE FROM THE DATES WHEN THE MILITARY SEA TRANSPORTATION SERVICE AND MILITARY AIR TRANSPORT SERVICE WERE CONVERTED TO AN INDUSTRIAL FUND OPERATING BASIS; THAT IS, FROM JULY 1, 1951, AND JULY 1, 1958, RESPECTIVELY. REIMBURSEMENT FOR TRANSOCEANIC TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS PRIOR TO JULY 1, 1958--- THE DATE ON WHICH THE MILITARY AIR TRANSPORT SERVICE WAS CONVERTED TO INDUSTRIAL FUND FINANCING--- MAY BE BASED UPON MILITARY SEA TRANSPORTATION SERVICE CHARGES IN ANY CASE WHERE SUCH TRANSPORTATION WOULD HAVE BEEN AVAILABLE, REGARDLESS OF THE MEANS OF TRANSPORTATION ACTUALLY USED; HOWEVER, WHEN ONLY MILITARY AIR TRANSPORT SERVICE WAS AVAILABLE, REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL OF THE MEMBER, BUT IN THE CASE OF DEPENDENT TRAVEL, AIR TRANSPORTATION SERVICE NEED NOT BE VIEWED AS HAVING BEEN "AVAILABLE" TO DEPENDENTS PRIOR TO JULY 1, 1958, WHERE THEIR TRANSPORTATION REQUIREMENTS COULD NOT HAVE BEEN SUPPLIED BY GOVERNMENT VESSEL, THE USE OF GOVERNMENT AIR TRANSPORTATION FOR DEPENDENT TRAVEL PRIOR TO JULY 1, 1958, NOT BEING MANDATORY UNDER THE JOINT TRAVEL REGULATIONS. IN THE DETERMINATION OF THE AMOUNT REIMBURSABLE TO MEMBERS OF THE UNIFORMED SERVICES FOR TRANSOCEANIC TRAVEL FOR THEMSELVES AND THEIR DEPENDENTS AFTER THE CONVERSION OF THE MILITARY SEA TRANSPORTATION SERVICE AND THE MILITARY AIR TRANSPORT SERVICE TO INDUSTRIAL FUND FINANCED ACTIVITIES WHEN DIFFERENT CHARGES FOR EACH SERVICE WERE LEVIED, THE PROPER MEASURE FOR APPLICATION IS THE COST OF THE LEAST EXPENSIVE AVAILABLE TRANSPORTATION SERVICE AS BETWEEN MILITARY SEA TRANSPORTATION SERVICE AND MILITARY AIR TRANSPORT SERVICE THAT WOULD HAVE MET THE TRANSPORTATION REQUIREMENTS OF THE TRAVELER AND HIS DEPENDENTS. UNDER PERMANENT CHANGE OF STATION ORDERS WHICH AUTHORIZE A MEMBER OF THE UNIFORMED SERVICES TO TRAVEL BY PRIVATELY OWNED CONVEYANCE BETWEEN A POINT IN THE UNITED STATES AND A POINT IN ALASKA AND DO NOT EXPRESSLY DIRECT THAT THE MEMBER USE GOVERNMENT TRANSPORTATION, THE MEMBER IS TO BE REGARDED AS HAVING BEEN AUTHORIZED, AS DISTINGUISHED FROM DIRECTED, TO USE GOVERNMENT TRANSPORTATION AND REIMBURSEMENT FOR THE USE OF COMMERCIAL MEANS OF TRANSPORTATION MAY BE MADE AT THE APPLICABLE MILITARY SEA TRANSPORTATION SERVICE OR MILITARY AIR TRANSPORT SERVICE CHARGE FOR AVAILABLE GOVERNMENT TRANSPORTATION, AND, SIMILARLY, WHERE DEPENDENTS WHO ARE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE BETWEEN THE UNITED STATES AND ALASKA UNDER CIRCUMSTANCES NOT WITHIN THE EXCEPTIONS IN PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS, THE DEPENDENTS ARE VIEWED AS HAVING BEEN AUTHORIZED TO UTILIZE GOVERNMENT TRANSPORTATION AND THE MEMBER IS ENTITLED TO REIMBURSEMENT ON THAT BASIS WHEN DEPENDENTS TRAVEL BY COMMERCIAL MEANS.

TO THE SECRETARY OF THE NAVY, AUGUST 10, 1961:

REFERENCE IS MADE TO LETTER OF MAY 19, 1961, PDTATAC CONTROL NO. 61 8, FROM THE UNDER SECRETARY OF THE NAVY, REGARDING OUR DECISION OF FEBRUARY 24, 1961, 40 COMP. GEN. 482. IN THAT DECISION WE HELD, IN PART, THAT AFTER THE CONVERSION OF THE MILITARY SEA TRANSPORTATION SERVICE AND MILITARY AIR TRANSPORT SERVICE TO INDUSTRIAL FUND FINANCED ACTIVITIES AND THE PROMULGATION OF STANDARD CHARGES FOR TRANSPORTATION BY THOSE ACTIVITIES, MEMBERS OF THE UNIFORMED SERVICES AND DEPENDENTS OF SUCH MEMBERS WHO ARE AUTHORIZED, AS DISTINGUISHED FROM SPECIFICALLY DIRECTED, TO PERFORM TRANSOCEANIC TRAVEL BY GOVERNMENT CONVEYANCE, AND WHO DO NOT USE AVAILABLE GOVERNMENT TRANSPORTATION BUT USE COMMERCIAL TRANSPORTATION AT PERSONAL EXPENSE, MAY BE REIMBURSED UNDER THE APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS FOR THE COST OF SUCH TRAVEL ON THE BASIS OF THE STANDARD PRICES WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY HAD THE TRAVEL BEEN BY GOVERNMENT TRANSPORTATION. THE UNDER SECRETARY SAYS IN HIS LETTER OF MAY 19, 1961, THAT FURTHER ADVICE CONCERNING THE INTERPRETATION OF THE DECISION IS CONSIDERED NECESSARY.

TO ILLUSTRATE THE PROBLEM INVOLVED THE UNDER SECRETARY CITES THE CASE OF A MEMBER WHO RECEIVED ORDERS WHICH DETACHED HIM FROM A SHIP ON JANUARY 5, 1959, AT SAN DIEGO, CALIFORNIA, AND REQUIRED HIM TO REPORT FOR DUTY AT ANCHORAGE, ALASKA, NOT LATER THAN FEBRUARY 20, 1959. THE ORDERS SPECIFICALLY AUTHORIZED THE MEMBER TO UTILIZE HIS PRIVATELY OWNED CONVEYANCE IN THEIR EXECUTION WITH A STATED LEAVE ADDRESS EN ROUTE IN SEWARD, ALASKA, HIS HOME OF RECORD. CONCURRENT TRAVEL OF DEPENDENTS TO ANCHORAGE WAS NOT AUTHORIZED AT THAT TIME AND SEWARD WAS THE PLACE THE MEMBER'S DEPENDENTS WOULD RESIDE UNTIL TRAVEL TO HIS DUTY STATION WAS AUTHORIZED. BECAUSE THE MEMBER HAD PLANNED TO PERFORM THE TRAVEL BY PRIVATELY OWNED VEHICLE, THE ORDERS DID NOT DIRECT UTILIZATION OF GOVERNMENT TRANSPORTATION OUTSIDE THE UNITED STATES NOR DID THEY REQUIRE REPORTING AT ANY INTERMEDIATE STATION EN ROUTE. AFTER THE ISSUANCE OF HIS ORDERS, THE MEMBER DECIDED NOT TO TRAVEL BY PRIVATELY OWNED VEHICLE AND TRAVELED WITH HIS DEPENDENTS FROM SAN DIEGO, THE HOME PORT OF HIS OLD DUTY STATION, TO SEWARD VIA COMMERCIAL AIR AT HIS OWN EXPENSE. THE MEMBER'S CLAIM FOR REIMBURSEMENT FOR BOTH HIS OWN AND HIS DEPENDENTS' TRAVEL HAS BEEN SETTLED ON THE BASIS OF PARAGRAPHS 4159-3 AND 7003-3C OF THE JOINT TRAVEL REGULATIONS. SINCE GOVERNMENT TRANSPORTATION WOULD HAVE BEEN AVAILABLE FROM SEATTLE, WASHINGTON, FOR THE MEMBER AND HIS DEPENDENTS AT THE TIME THE MEMBER WOULD HAVE BEEN REQUIRED TO TRAVEL IN COMPLIANCE WITH HIS ORDERS, THE UNDER SECRETARY SAYS THAT OUR DECISION OF FEBRUARY 24, 1961, LEADS TO THE POSSIBLE CONCLUSION THAT THE MEMBER WOULD NOW BE ENTITLED TO ADDITIONAL REIMBURSEMENT. THE FOLLOWING QUESTIONS WERE SUBMITTED FOR OUR CONSIDERATION:

1. IS YOUR DECISION B-144373 OF FEBRUARY 24, 1961, RETROACTIVE TO THE TIME WHEN THE MSTS AND MATS WERE CONVERTED TO AN INDUSTRIAL FUND OPERATING BASIS?

2. IF THE ANSWER TO QUESTION NO. 1 IS IN THE AFFIRMATIVE, SINCE MSTS CONVERTED TO NIF ON JULY 1, 1951, AND MATS CONVERTED TO NIF ON JULY 1, 1958, WHICH DATE IS FOR CONSIDERATION?

3. SINCE THE CHARGES LEVIED FOR TRAVEL VIA MSTS AND MATS DIFFER, WHICH IS FOR CONSIDERATION IN DETERMINING THE AMOUNT REIMBURSABLE?

4. IN VIEW OF THE ENTITLEMENT RESTRICTIONS IMPOSED BY PARAGRAPH 4159-3 OF THE JTR, DO YOU CONSIDER THAT A MEMBER IN THE ABOVE OR SIMILAR CASES WAS "AUTHORIZED" OR "DIRECTED" TO UTILIZE GOVERNMENT TRANSPORTATION OUTSIDE THE UNITED STATES?

5. IN VIEW OF THE ENTITLEMENT RESTRICTIONS IMPOSED BY PARAGRAPH 7003-3C AND THE FURTHER PROVISIONS OF PARAGRAPH 7002-1B, DO YOU CONSIDER THAT THE DEPENDENTS IN THE ABOVE AND SIMILAR CASE WERE "AUTHORIZED" OR "DIRECTED" TO UTILIZE GOVERNMENT TRANSPORTATION OUTSIDE THE UNITED STATES?

QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE.

IN ANSWER TO QUESTION 2, THE DATE OF CONVERSION IN EACH CASE IS FOR CONSIDERATION DEPENDING UPON THE CIRCUMSTANCES OF THE TRAVEL. SEE ANSWER TO QUESTION 3 BELOW.

WITH REGARD TO QUESTION 3, SINCE THE MILITARY AIR TRANSPORT SERVICE WAS NOT CONVERTED TO INDUSTRIAL FUND FINANCING UNTIL JULY 1, 1958, REIMBURSEMENT IN OTHERWISE PROPER CASES FOR MEMBER AND DEPENDENT TRAVEL PERFORMED PRIOR TO THAT DATE MAY BE BASED UPON MILITARY SEA TRANSPORTATION SERVICE CHARGES IN ANY CASE WHERE SUCH TRANSPORTATION WOULD HAVE BEEN AVAILABLE, REGARDLESS OF THE MEANS OF TRANSPORTATION ACTUALLY USED. WHEN, HOWEVER, ONLY MILITARY AIR TRANSPORT SERVICE WAS AVAILABLE NO REIMBURSEMENT FOR TRAVEL OF THE MEMBER WOULD BE AUTHORIZED FOR TRAVEL PERFORMED PRIOR TO JULY 1, 1958. SINCE, HOWEVER, IT HAS NOT BEEN MANDATORY UNDER THE JOINT TRAVEL REGULATIONS FOR DEPENDENTS TO PERFORM TRAVEL BY GOVERNMENT AIR TRANSPORTATION UNLESS SUCH MODE OF TRANSPORTATION WAS ACCEPTABLE TO THEM GOVERNMENT TRANSPORTATION NEED NOT BE VIEWED AS HAVING BEEN "AVAILABLE" TO DEPENDENTS PRIOR TO JULY 1, 1958, IN ANY CASE WHERE THEIR TRANSPORTATION REQUIREMENTS COULD NOT HAVE BEEN SUPPLIED BY GOVERNMENT VESSEL. ON THE PREMISE THAT THE LEAST EXPENSIVE AVAILABLE TRANSPORTATION, AS BETWEEN MATS AND MSTS, MEETING THE NEEDS OF THE GOVERNMENT USUALLY IS PROVIDED FOR TRANSOCEANIC TRAVEL BY MEMBERS OF THE UNIFORMED SERVICES AND THAT THE LEAST EXPENSIVE AVAILABLE TRANSPORTATION MEETING THE NEEDS OF THE MEMBERS' DEPENDENTS ALSO IS SUPPLIED IN SUCH CASES, WE BELIEVE THAT AFTER JUNE 30, 1058, THE COST OF THE LEAST EXPENSIVE AVAILABLE TRANSPORTATION, AS BETWEEN MATS AND MSTS, THAT WOULD HAVE MET THE TRANSPORTATION REQUIREMENTS OF THE TRAVELER AND HIS DEPENDENTS AS APPROPRIATE WOULD PROVIDE THE PROPER MEASURE FOR DETERMINING THE AMOUNT REIMBURSABLE IN ANY GIVEN CASE.

WITH REFERENCE TO MEMBERS UNDER PERMANENT CHANGE OF STATION ORDERS BETWEEN A POINT IN THE UNITED STATES AND A POINT IN ALASKA WHO ARE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE BUT WHO PERFORM SUCH TRAVEL BY COMMERCIAL MEANS, PARAGRAPH 4159-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THEY WILL BE ENTITLED TO ALLOWANCES IN ACCORDANCE WITH PARAGRAPH 4159-1 OF THE REGULATIONS. THAT SUBPARAGRAPH IS CONCERNED WITH TRAVEL TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES UNDER ORDERS WHICH DO NOT DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, AND PROVIDES THAT THE MEMBERS SHALL BE ENTITLED TO TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, FOR THE TRANSOCEANIC TRAVEL INVOLVED. HENCE, WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE FOR THE MEMBER CONCERNED HE MAY NOT BE REIMBURSED FOR THE EXPENSES OF COMMERCIAL TRANSPORTATION ON THE BASIS PROVIDED BY PARAGRAPH 4159-4 OF THE REGULATIONS IN CASES WHERE GOVERNMENT TRANSPORTATION IS NOT AVAILABLE. WHERE, HOWEVER, HE WAS NOT EXPRESSLY DIRECTED BY THE ORDERS TO USE GOVERNMENT TRANSPORTATION HE IS TO BE REGARDED AS HAVING BEEN AUTHORIZED TO USE SUCH TRANSPORTATION WITHIN THE CONTEMPLATION OF THE DECISION OF FEBRUARY 24, 1961. SIMILARLY, WHERE DEPENDENTS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE BETWEEN THE UNITED STATES AND ALASKA UNDER CIRCUMSTANCES NOT INVOLVING THE EXCEPTIONS SET FORTH IN PARAGRAPH 7002-1B PERFORM THE TRAVEL BY COMMERCIAL MEANS AND GOVERNMENT TRANSPORTATION MEETING THEIR REQUIREMENTS IS AVAILABLE, REIMBURSEMENT FOR THE COST OF SUCH TRAVEL MAY BE MADE ON THE BASIS THAT THE DEPENDENTS WERE AUTHORIZED RATHER THAN DIRECTED TO USE GOVERNMENT TRANSPORTATION. SEE B- 145775, JULY 5, 1961. QUESTIONS 4 AND 5 ARE ANSWERED ACCORDINGLY.

APPLYING THE FOREGOING TO THE CASE MENTIONED IN THE UNDER SECRETARY'S LETTER, THE MEMBER AND HIS DEPENDENTS ARE TO BE VIEWED AS HAVING BEEN AUTHORIZED, AS DISTINGUISHED FROM DIRECTED, TO UTILIZE GOVERNMENT TRANSPORTATION AND TO APPROPRIATE REIMBURSEMENT FOR THE COST OF THE TRAVEL ON THAT BASIS.