B-147155, OCT. 9, 1961

B-147155, OCT. 9, 1961

TO MR. ROBERT W. HESS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 18, 1961, WHICH DISALLOWED YOUR CLAIM FOR $55.78 AS REIMBURSEMENT FOR THE EXPENSE OF TRAVEL FROM OMAHA, NEBRASKA, TO GREAT LAKES, ILLINOIS, AND RETURN.

THE RECORD SHOWS THAT YOU INJURED YOUR EYE ON AUGUST 21, 1960, WHILE PERFORMING INACTIVE DUTY TRAINING AS PRIVATE FIRST CLASS, UNITED STATES MARINE CORPS RESERVE. BY ORDERS ISSUED ON DECEMBER 30, 1960, BY U.S. MARINE CORPS, HEADQUARTERS, NINTH MARINE CORPS RESERVE AND RECRUITMENT DISTRICT, KANSAS CITY, MISSOURI, YOU WERE AUTHORIZED TO PROCEED IF YOU SO DESIRED, FROM OMAHA, NEBRASKA, TO THE U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, AND TO REPORT TO THE COMMANDING OFFICER UPON ARRIVAL, ON OR ABOUT JANUARY 9, 1961. THIS AUTHORIZATION WAS TO PERMIT YOU TO APPEAR FOR EVALUATION, TREATMENT IF REQUIRED, AND APPEARANCE BEFORE AN APPROPRIATE MEDICAL BOARD IF INDICATED. THE ORDERS CONTAINED A SPECIFIC PROVISION THAT THE TRAVEL WAS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WOULD BE ENTITLED TO NO REIMBURSEMENT FOR EXPENSE IN CONNECTION WITH THE TRAVEL AND THAT IN CASE YOU DID NOT DESIRE TO EXECUTE THE ORDERS AT NO EXPENSE TO THE GOVERNMENT YOU WERE TO REGARD THEM AS REVOKED. IN THE SECOND ENDORSEMENT ON THE ORDERS, YOU STATED THAT YOU VOLUNTARILY ACCEPTED THE ORDERS AND THAT YOU UNDERSTOOD YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OR PER DIEM OR ANY OTHER EXPENSES INCURRED IN CONNECTION WITH THE TRAVEL. ON JANUARY 11, 1961, THE NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, OMAHA, NEBRASKA, INFORMED THE NINTH MARINE CORPS RESERVE RECRUITMENT DISTRICT THAT YOU WERE UNABLE TO ACCEPT THE ORDERS BECAUSE YOU WERE RECUPERATING FROM AN OPERATION BY A CIVILIAN DOCTOR. AS A RESULT YOU WERE ADVISED ON JANUARY 17, 1961, THAT THE ORDERS WERE CANCELLED. HOWEVER, ON FEBRUARY 28, 1961, NEW ORDERS WERE ISSUED AUTHORIZING YOU TO PROCEED TO THE U.S. NAVAL HOSPITAL GREAT LAKES, ILLINOIS, AND REPORT TO THE COMMANDING OFFICER ON OR ABOUT MARCH 6, 1961. THOSE ORDERS LIKEWISE STATED THAT THE TRAVEL WAS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED AND THAT IN CASE YOU DID NOT DESIRE TO TRAVEL AT NO EXPENSE TO THE GOVERNMENT YOU SHOULD REGARD THE AUTHORIZATION REVOKED.

THE RECORD SHOWS THAT YOU REPORTED TO THE U.S. NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, FOR TREATMENT ON MARCH 5, 1961. ON APRIL 18, 1961, IT WAS REPORTED THAT FURTHER HOSPITALIZATION WAS NOT INDICATED AND IT WAS RECOMMENDED THAT YOU APPEAR BEFORE A PHYSICAL EVALUATION BOARD. YOU WAIVED YOUR RIGHT TO A PERSONAL APPEARANCE AND WERE RELEASED FROM TREATMENT ON APRIL 19, 1961, AND RETURNED TO OMAHA. YOU WERE TRANSFERRED TO THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE JULY 1, 1961.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS AND SUPPLEMENTARY ADMINISTRATIVE REGULATIONS. PARAGRAPH 8003.1, MARINE CORPS MANUAL, CITED IN THE ORDERS OF FEBRUARY 28, 1961, AS AUTHORITY FOR THE TRAVEL, PROVIDES FOR THE ISSUANCE OF AUTHORIZATION FOR INDIVIDUALS TO TRAVEL AT NO EXPENSE TO THE GOVERNMENT PROVIDED THE AUTHORIZATION CONTAINS THE FOLLOWING CLAUSE:

"THE ABOVE IS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO REIMBURSEMENT FOR EXPENSE IN CONNECTION HEREWITH. IN CASE YOU DO NOT DESIRE TO EXECUTE THESE ORDERS AT NO EXPENSE TO THE GOVERNMENT, YOU WILL REGARD THIS AUTHORIZATION AS REVOKED AND IT WILL BE RETURNED FOR CANCELLATION.' PARAGRAPH 6453 OF THE JOINT TRAVEL REGULATIONS APPLICABLE GENERALLY TO ALL ORDERED TRAVEL OF MILITARY PERSONNEL, SPECIFICALLY PROVIDES THAT AN ORDER PERMITTING A MEMBER TO TRAVEL, AS DISTINGUISHED FROM DIRECTING A MEMBER TO TRAVEL, DOES NOT ENTITLE HIM TO EXPENSES OF TRAVEL.

SINCE YOU WERE INJURED WHILE ON INACTIVE DUTY TRAINING YOU WERE ENTITLED UNDER THE PROVISIONS OF 10 U.S.C. 6148 (A) TO THE SAME HOSPITAL BENEFITS AND "PAY AND ALLOWANCES" AS IF SERVING ON ACTIVE DUTY. THE TERM "PAY AND ALLOWANCES" AS USED IN THAT LAW, HOWEVER, HAS BEEN APPLIED AS HAVING REFERENCE ONLY TO THE DIRECT AND FIXED AMOUNTS OF MONEY PROVIDED BY LAW IN CONSIDERATION OF AND AS COMPENSATION FOR PERSONAL SERVICES. THE COSTS OF TRANSPORTATION AND SUBSISTENCE INCIDENT TO TRAVEL ARE EXPENSES AND PAYMENT MADE ON ACCOUNT OF SUCH EXPENSES REPRESENT REIMBURSEMENT OF THE COSTS SO INCURRED AND, THEREFORE, ARE NOT PAY AND ALLOWANCES FOR THE PURPOSES OF 10 U.S.C. 6148 (A).

SINCE YOUR ORDERS OF FEBRUARY 28, 1961, AUTHORIZED TRAVEL FROM YOUR HOME TO THE HOSPITAL AND RETURN AT NO EXPENSE TO THE GOVERNMENT AND THE TRAVEL WAS PERFORMED PURSUANT TO THOSE ORDERS THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM.