B-146496, AUG. 8, 1961

B-146496, AUG. 8, 1961

TO LIEUTENANT COMMANDER JULIUS GRIGORE, JR., USNR-R:

YOUR LETTER POSTMARKED JULY 10, 1961, REQUESTS REVIEW OF OUR SETTLEMENT OF JULY 6, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR TRAVEL FROM DETROIT, MICHIGAN, TO NORFOLK, VIRGINIA, AND RETURN, INCIDENT TO YOUR ORDERS OF AUGUST 15 AND SEPTEMBER 8, 1960.

UNDER THOSE ORDERS YOU WERE DIRECTED TO REPORT ON OCTOBER 9, 1960, TO THE COMMANDING OFFICER, UNITED STATES NAVAL RECEIVING STATION, UNITED STATES NAVAL STATION, NORFOLK, VIRGINIA, FOR FURTHER ASSIGNMENT FOR ACTIVE DUTY TRAINING FOR A PERIOD OF 14 DAYS, SUCH DUTY TO BE WITHOUT PAY BUT WITH TRAVEL AND SUBSISTENCE. THE ORDERS PROVIDED THAT "YOU ARE AUTHORIZED TO TRAVEL IN THE EXECUTION OF THESE ORDERS BY COMMERCIAL TRANSPORTATION (TR- S/MEAL TICKETS).'

YOU WERE ISSUED A TRANSPORTATION REQUEST TO ENABLE YOU TO TRAVEL FROM DETROIT, MICHIGAN, TO NORFOLK, VIRGINIA, AND RETURN. YOU RETURNED THE REQUEST TO THE ISSUING OFFICE FOR CANCELLATION AND PERFORMED THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE WITH YOUR WIFE, ARRIVING IN NORFOLK ON OCTOBER 8 AND RETURNING TO DETROIT ON OCTOBER 23, 1960. YOU SAY THAT YOUR WIFE'S CONDITION WAS SUCH THAT SHE COULD NOT BE LEFT ALONE. IN ORDER NOT TO CANCEL YOUR TRAINING DUTY, YOU TOOK HER WITH YOU AND PERFORMED THE TRAVEL BY AUTOMOBILE. IT IS YOUR VIEW THAT THE REGULATIONS SPECIFICALLY ALLOW LATITUDE FOR CONTINGENCIES BEYOND THE CONTROL OF THE NAVAL RESERVIST TRAVELING TO HIS DUTY STATION.

AUTHORITY FOR THE ISSUANCE OF THE ORDERS OF AUGUST 15 AND SEPTEMBER 8, 1960, IS CONTAINED IN SECTION 501 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 826, 37 U.S.C. 301 (B), WHICH PROVIDES THAT MEMBERS OF THE VARIOUS RESERVE COMPONENTS OF THE UNIFORMED SERVICES MAY BE GIVEN ADDITIONAL TRAINING OR OTHER DUTY AS PROVIDED FOR BY LAW, WITHOUT PAY, AS MAY BE AUTHORIZED BY THE SECRETARY CONCERNED, WITH THEIR CONSENT, AND THAT WHEN SUCH TRAINING OR OTHER DUTY IS PERFORMED THEY MAY, IN THE DISCRETION OF THE SECRETARY CONCERNED,"BE FURNISHED WITH TRANSPORTATION TO AND FROM SUCH DUTY, WITH SUBSISTENCE EN ROUTE.' THE SECRETARIAL REGULATIONS ISSUED UNDER AUTHORITY OF SECTION 501 (B)ARE CONTAINED IN PARAGRAPH 6003-2 OF THE JOINT TRAVEL REGULATIONS AND AUTHORIZE SUCH TRANSPORTATION ON THE FOLLOWING BASIS:

"TRANSPORTATION IN KIND (GOVERNMENT TRANSPORTATION REQUEST, GOVERNMENT CONVEYANCE, OR TRANSPORTATION PROCURED BY THE GOVERNMENT) OR, IN THE EVENT SUCH TRANSPORTATION IS NOT PROVIDED THE MEMBER THROUGH NO FAULT OF HIS OWN, THE MEMBER IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION EXPENSES ACTUALLY INCURRED, SUPPORTED BY RECEIPTS WHEN PRACTICABLE, NOT TO EXCEED THE COST TO THE GOVERNMENT HAD TRANSPORTATION BEEN FURNISHED.'

UNDER SUCH SPECIAL REGULATORY PROVISIONS A RIGHT TO REIMBURSEMENT OF TRAVEL EXPENSES ACCRUES ONLY WHEN THE MEMBER CONCERNED IS REQUIRED TO PERFORM TRAVEL AT PERSONAL EXPENSE BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUIRED TRANSPORTATION.

YOU WERE NOT REQUIRED TO PERFORM THE TRAVEL FROM DETROIT, MICHIGAN, TO NORFOLK, VIRGINIA, AND RETURN, AT YOUR OWN EXPENSE BECAUSE OF ANY DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH YOU THE NECESSARY TRANSPORTATION. ON THE CONTRARY, THE RECORD SHOWS THAT YOU WERE FURNISHED A TRANSPORTATION REQUEST FOR ROUND-TRIP TRAVEL FROM DETROIT, MICHIGAN, TO NORFOLK, VIRGINIA, AND THAT YOU RETURNED SUCH TRANSPORTATION REQUEST BECAUSE YOU FOUND IT NECESSARY TO TRAVEL WITH YOUR WIFE BY PRIVATELY OWNED VEHICLE BECAUSE OF HER CONDITION. WHILE WE APPRECIATE YOUR FEELINGS IN THE MATTER, WE TRUST YOU WILL UNDERSTAND THAT OUR OFFICE MAY NOT ALLOW YOU ANY AMOUNT NOT AUTHORIZED BY THE REGULATIONS. UNDER THE RESTRICTIVE LANGUAGE OF THE QUOTED REGULATIONS THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. CONSEQUENTLY, WE ARE REQUIRED TO AFFIRM OUR PRIOR ACTION IN THE MATTER. ACCORDINGLY, THE SETTLEMENT OF JULY 6, 1961, IS SUSTAINED.

YOUR ORIGINAL ORDERS OF AUGUST 15 AND SEPTEMBER 8, 1960, ARE RETURNED.