B-147709, JAN. 3, 1962

B-147709, JAN. 3, 1962

TO MR. VICENTE B. CREO:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 16 AND SEPTEMBER 30, 1961, TO THE DEPARTMENT OF THE ARMY, WHICH HAVE BEEN FORWARDED TO OUR OFFICE FOR CONSIDERATION, RELATIVE TO YOUR CLAIM FOR TRAVEL PAY, PER DIEM, AND BUS FARES INCIDENT TO TRAVEL PERFORMED FROM SINDANGAN, ZAMBOANGA DEL NORTE, TO MANILA, REPUBLIC OF THE PHILIPPINES, AND RETURN, DURING THE PERIOD SEPTEMBER 18 TO OCTOBER 7, 1951, PURSUANT TO ORDERS OF AUGUST 23, 1951. YOUR CLAIM WAS DISALLOWED BY OUR CLAIM DIVISION IN SETTLEMENT DATED JULY 27, 1960, FOR THE REASONS HEREAFTER STATED.

THE RECORD SHOWS THAT YOU WERE RETIRED AS AN ENLISTED MAN OF THE ARMY ON NOVEMBER 30, 1949, AND TRANSFERRED TO THE ENLISTED RESERVE CORPS. ORDERS OF AUGUST 23, 1951, ISSUED BY HEADQUARTERS, PHILIPPINE MILITARY DISTRICT (ORGANIZED RESERVE CORPS), CLARK AIR FORCE BASE, YOU WERE DIRECTED AS A RESERVIST TO REPORT EITHER TO THE U.S. ARMY HOSPITAL (PHILIPPINE SCOUTS), FORT MCKINLEY, RIZAL, OR TO THE U.S. AIR FORCE HOSPITAL, CLARK AIR FORCE BASE, PAMPANGA, FOR THE PURPOSE OF UNDERGOING A PHYSICAL EXAMINATION. THE ITINERARY SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT YOU DEPARTED YOUR HOME AT SINDANGAN ON SEPTEMBER 18, 1951, AND ARRIVED AT MANILA, ON SEPTEMBER 24, 1951. IT APPEARS FROM YOUR ITINERARY THAT YOU REPORTED FOR YOUR PHYSICAL EXAMINATION AT THE U.S. ARMY HOSPITAL AT FORT MCKINLEY ON SEPTEMBER 25, 1951, AND REPORTED THERE EACH DAY THEREAFTER UNTIL OCTOBER 1, 1951, WHEN YOU DEPARTED FOR YOUR HOME, AND ARRIVED BACK THERE OCTOBER 7, 1951. YOU HAVE STATED THAT TRANSPORTATION TICKETS WERE ISSUED TO YOU FOR THE TRAVEL INVOLVED BUT THAT THEY WERE LOST. YOU HAVE ALSO STATED THAT YOU WERE NOT FURNISHED MEAL TICKETS AND PAID FOR MEALS YOURSELF AND ALSO THAT YOU PAID FOR LOCAL BUS FARES IN THE AMOUNT OF 30 CENTS A DAY IN GOING BACK AND FORTH FROM YOUR LODGING IN TONDO, MANILA, TO THE HOSPITAL AT FORT MCKINLEY.

BY OUR CLAIMS DIVISION SETTLEMENT DATED JULY 27, 1960, YOU WERE ADVISED IN DETAIL THAT THE AUTHORITY FOR THE FURNISHING OF TRANSPORTATION AT GOVERNMENT EXPENSE TO MEMBERS OF RESERVE COMPONENTS TRAVELING FOR THE PURPOSE OF TAKING THE PHYSICAL EXAMINATION OF SUCH MEMBERS NOT ON ACTIVE DUTY IS CONTAINED IN SECTION 501 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 826, 37 U.S.C. 301 (B). THAT SECTION 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 AUTHORIZED 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, AND, DURING THE PERFORMANCE OF SUCH DUTY, BE FURNISHED WITH SUBSISTENCE AND QUARTERS IN KIND OR COMMUTATION THEREOF AT A RATE TO BE FIXED FROM TIME TO TIME BY THE SECRETARY CONCERNED.' PURSUANT TO SUCH STATUTORY AUTHORITY, PARAGRAPH 13 OF ARMY REGULATIONS 140-250, IN EFFECT DURING THE PERIOD INVOLVED IN YOUR CLAIM, PROVIDES, IN PERTINENT PART, THAT WHERE QUARTERS AND/OR SUBSISTENCE ARE NOT FURNISHED IN KIND AT POINTS OF TRAINING OR OTHER DUTY WITHOUT PAY, AND WHERE IT IS DETERMINED THAT SUCH ADDITIONAL EXPENSES ARE INCURRED BECAUSE OF SUCH DUTY, REIMBURSEMENT IS AUTHORIZED AT NOT TO EXCEED THE RATES PROVIDED FOR THEREIN. THE REGULATION SPECIFICALLY STATES THAT "WHERE QUARTERS ARE NOT FURNISHED, VOUCHERS COVERING REIMBURSEMENT THEREFOR WILL BE SUPPORTED BY RECEIPTS SHOWING AMOUNT EXPENDED FOR QUARTERS, INCLUSIVE DATES, ETC.'

UNDER SUCH SPECIAL REGULATORY PROVISION 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. IN THIS RESPECT YOU HAVE STATED THAT YOU WERE ISSUED TRANSPORTATION TICKETS, BUT THAT THEY WERE LOST. IN OUR CLAIMS DIVISION SETTLEMENT YOU WERE ADVISED THAT NO PAYMENT COULD BE MADE IN CONNECTION WITH YOUR CLAIM FOR QUARTERS AND SUBSISTENCE UNLESS YOU FURNISHED OUR OFFICE WITH ACCEPTABLE EVIDENCE SHOWING THAT YOU WERE REQUIRED TO PROCURE MEALS AND QUARTERS AT YOUR OWN EXPENSE FOR THE PERIOD YOU WERE UNDERGOING PHYSICAL EXAMINATION AT FORT MCKINLEY, SUPPORTED BY EVIDENCE OR INFORMATION SHOWING ACTUAL COST FOR MEALS PROCURED, TOGETHER WITH RECEIPTS SHOWING AMOUNTS EXPENDED FOR QUARTERS. IN YOUR CURRENT LETTER OF SEPTEMBER 30, 1961, YOU LIST ONLY THE APPROXIMATE COST OF MEALS FOR THE PERIOD INVOLVED TO BE $19.25 AND FOR QUARTERS TO BE $5, TOTALING $24.25. YOUR APPROXIMATION OF THE COSTS INVOLVED, BASED ON YOUR RECOLLECTION BACK TO SEPTEMBER 1951 (TEN YEARS AGO), DOES NOT MEET THE REQUIREMENTS OF THE REGULATIONS. IN THE ABSENCE OF RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF EXPENDITURES MADE BY YOU, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM BY OUR OFFICE. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JULY 27, 1960, IS SUSTAINED.

FOR YOUR INFORMATION, EVEN IF ANY AMOUNTS WERE FOUND DUE YOU FROM THE GOVERNMENT, SUCH AMOUNTS WOULD HAVE TO BE SET OFF AGAINST YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $1,559.92 DUE TO OVERPAYMENT OF SUBSISTENCE ALLOWANCE DURING THE PERIOD OF JULY 1, 1950, THROUGH SEPTEMBER 30, 1951. YOU WERE INFORMED IN OUR CLAIMS DIVISION LETTER OF MARCH 6, 1961, THAT OUR OFFICE IS REQUIRED TO KEEP A RECORD OF YOUR INDEBTEDNESS ON FILE AND IN THE EVENT YOU EVER BECOME ENTITLED TO ANY FURTHER BENEFITS FROM THE UNITED STATES, SUCH AMOUNTS FOUND DUE WILL BE APPLIED IN LIQUIDATION OF YOUR INDEBTEDNESS.