B-145872, JUL. 14, 1961

B-145872, JUL. 14, 1961

TO LAWRENCE R. FALL, ATC-P1, 282-049:

FURTHER REFERENCE IS MADE TO THE CLAIM FOR REIMBURSEMENT FOR DEPENDENTS TRAVEL EXECUTED BY YOU ON DECEMBER 20, 1960, WHICH WILL BE TREATED AS A REQUEST FOR RECONSIDERATION OF THAT PART OF OUR SETTLEMENT DATED JUNE 30, 1960, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) FROM MIAMI, FLORIDA, TO NEW ORLEANS, LOUISIANA, DURING THE PERIOD NOVEMBER 1 TO NOVEMBER 9, 1959, INCIDENT TO YOUR TRANSFER FROM THE COAST GUARD AIR DETACHMENT, SAN JUAN, PUERTO RICO, TO THE COAST GUARD AIR DETACHMENT, CORPUS CHRISTI, TEXAS.

BY PERMANENT CHANGE OF STATION ORDERS DATED OCTOBER 21, 1959, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT SAN JUAN AND ASSIGNED TO THE EIGHTH COAST GUARD DISTRICT, NEW ORLEANS, LOUISIANA, WHERE YOU WERE TO REPORT NOT LATER THAN NOVEMBER 12, 1959. HOWEVER, WHEN YOU REPORTED AT THAT STATION ON NOVEMBER 9, 1959, THE COMMANDER, EIGHTH COAST GUARD DISTRICT, FURTHER ASSIGNED YOU TO THE COAST GUARD AIR DETACHMENT, CORPUS CHRISTI, TEXAS, AND ADVISED YOU THAT THE ORDERS CONSTITUTED A PERMANENT CHANGE OF STATION FROM SAN JUAN TO CORPUS CHRISTI.

BY ENDORSEMENT DATED OCTOBER 26, 1959, TO YOUR ORIGINAL ORDERS YOU REQUESTED, FOR YOUR OWN CONVENIENCE, THAT A TRANSPORTATION REQUEST BE FURNISHED TO MIAMI, FLORIDA, IN LIEU OF NEW ORLEANS AND STATED THAT YOU WOULD BEAR THE ADDITIONAL COST OF TRANSPORTATION FROM MIAMI TO NEW ORLEANS. YOU CLAIM THAT YOU SIGNED THIS REQUEST ONLY AFTER BEING INFORMED THAT A TRANSPORTATION REQUEST COULD NOT BE ISSUED TO A PORT OF EMBARKATION OTHER THAN NEW ORLEANS WITHOUT THIS ENDORSEMENT. TRAVEL WAS PERFORMED BY COMMERCIAL AIR FROM SAN JUAN TO MIAMI AND PRIVATELY OWNED VEHICLE FROM MIAMI TO CORPUS CHRISTI. THE TRANSPORTATION OFFICER AT SAN JUAN CERTIFIED THAT GOVERNMENT TRANSPORTATION FROM SAN JUAN TO NEW ORLEANS WAS NOT AVAILABLE NOVEMBER 1, 1959.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C) PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION. PARAGRAPH 7003-3 (B) 3 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT ACT, PROVIDES THAT WHEN TRANSPORTATION BY GOVERNMENT VESSEL IS NOT AVAILABLE AND TRANSOCEANIC TRAVEL IS PERFORMED BY COMMERCIAL MEANS, THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IS PAYABLE FOR THE OFFICIAL DISTANCE FROM THE OLD STATION TO THE WATER OR AERIAL PORT OF EMBARKATION ACTUALLY USED, AND FROM THE WATER OR AERIAL PORT OF DEBARKATION ACTUALLY USED TO THE NEW STATION. ALSO PROVIDES THAT IF INDIRECT ROUTES ARE USED FOR PERSONAL CONVENIENCE, THE AMOUNT PAYABLE WILL NOT EXCEED THAT PAYABLE FOR DIRECT TRAVEL BY THE MODE OF TRANSPORTATION ACTUALLY USED.

IN THE CIRCUMSTANCES HERE INVOLVED, THE TRAVEL OF YOUR DEPENDENTS FROM YOUR OLD STATION AT SAN JUAN TO YOUR NEW STATION AT CORPUS CHRISTI BY WAY OF MIAMI MUST BE REGARDED AS INDIRECT TRAVEL FOR YOUR PERSONAL CONVENIENCE. SINCE THE TRANSPORTATION OFFICER AT SAN JUAN DETERMINED THAT NEW ORLEANS WAS THE PORT OF DEBARKATION WHICH WOULD BEST SERVE THE INTEREST OF THE GOVERNMENT, YOU WERE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL PERFORMED, NOT TO EXCEED THE COST FOR DIRECT TRAVEL TO NEW ORLEANS BY THIS ROUTE. INASMUCH AS YOUR DEPENDENTS WOULD HAVE BEEN FURNISHED COMMERCIAL AIR TRANSPORTATION FROM SAN JUAN TO NEW ORLEANS AND SINCE THEY TRAVELED BY SUCH TRANSPORTATION ONLY TO MIAMI AND FROM THERE TO NEW ORLEANS BY PRIVATELY OWNED VEHICLE, YOU ARE ENTITLED UNDER THE PROVISIONS OF PARAGRAPH 7003-3 (B) 3 OF THE JOINT TRAVEL REGULATIONS TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM MIAMI TO NEW ORLEANS, NOT TO EXCEED THE DIFFERENCE BETWEEN THE COST OF COMMERCIAL AIR TRANSPORTATION FROM SAN JUAN TO MIAMI, AND FROM SAN JUAN TO NEW ORLEANS.

THE STATEMENT YOU SIGNED THAT THE ADDITIONAL COST OF TRANSPORTATION FROM MIAMI TO NEW ORLEANS WOULD BE BORNE BY YOU APPARENTLY WAS REQUIRED IN VIEW OF THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS AND PARAGRAPH B07D07, COAST GUARD TRAVEL MANUAL, THAT TRANSPORTATION INVOLVING EXCESS COST MAY BE ISSUED TO DEPENDENTS ENTITLED TO TRANSPORTATION FOR TRAVEL WITHIN THE UNITED STATES, BUT THAT THE EXCESS COST WILL BE CHARGEABLE TO THE MEMBER. PRESUMABLY THE STATEMENT THAT YOU WOULD BEAR "THE ADDITIONAL COST" HAD REFERENCE TO THE EXCESS COST FOR THE INDIRECT TRAVEL AND DID NOT CONTEMPLATE THAT YOU WOULD BEAR THE ENTIRE COST OF TRAVEL FROM MIAMI TO NEW ORLEANS. HENCE SUCH STATEMENT IS NOT REGARDED AS PRECLUDING THE ALLOWANCE OF YOUR CLAIM ON THE BASIS SET FORTH ABOVE. A SETTLEMENT FOR THE AMOUNT FOUND DUE ON THIS BASIS WILL ISSUE IN DUE COURSE.