B-158319, JAN. 24, 1966

B-158319, JAN. 24, 1966

TO MR. R. J. COLANGELO, DISBURSING OFFICER, COMPTROLLER OF THE NAVY:

THIS REFERS TO YOUR LETTER OF DECEMBER 2, 1965, REFERENCE 3500-145: ED:CH SER:10343, FORWARDED TO OUR OFFICE BY LETTER OF THE NAVY, DATED JANUARY 10, 1966, REFERENCE NCFS3411, CONCERNING THE CLAIM OF MRS. JANET A. ESTLIN FOR TRAVELING EXPENSES INCIDENT TO HER APPOINTMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE NAVY IN WASHINGTON, D.C.

THE RECORD SHOWS THAT MRS. ESTLIN, WHOSE HOME WAS IN NORMAN, OKLAHOMA, RECEIVED AN APPOINTMENT TO A MANPOWER SHORTAGE CATEGORY POSITION IN WASHINGTON, D.C. TRAVEL ORDER DATED JULY 15, 1965, AUTHORIZED HER TO TRAVEL FROM NORMAN, OKLAHOMA, TO WASHINGTON, D.C., BY RAILROAD OR BUS, AIRCRAFT (COMMERCIAL OR GOVERNMENT), OR BY PRIVATELY-OWNED AUTOMOBILE, WITH REIMBURSEMENT ON A MILEAGE AND PER DIEM BASIS. MRS. ESTLIN IN FACT TRAVELED AS A DEPENDENT OF HER HUSBAND, A MEMBER OF THE UNITED STATES MARINE CORPS, BEING TRANSFERRED FROM NORMAN TO QUANTICO, VIRGINIA. HE WAS PAID $71.66 FOR HIS DEPENDENT'S TRAVEL BY PRIVATELY-OWNED AUTOMOBILE INCIDENT TO HIS MILITARY STATUS. WHILE MRS. ESTLIN'S CLAIM INDICATES THAT SHE IS CLAIMING MILEAGE IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT HER CLAIM IS LIMITED TO PER DIEM IN LIEU OF SUBSISTENCE.

IT WOULD APPEAR THAT MRS. ESTLIN WAS ENTITLED TO TRAVEL EITHER AS A DEPENDENT OF HER HUSBAND UNDER HIS MILITARY STATUS OR IN HER OWN RIGHT UNDER THE DEPARTMENT OF THE NAVY TRAVEL ORDER. IF THE CLAIMANT AND HER HUSBAND AGREE THAT SHE IS TO BE REIMBURSED UNDER THE TRAVEL ORDER ISSUED BY THE DEPARTMENT OF THE NAVY HE WOULD HAVE TO REIMBURSE THE GOVERNMENT THE AMOUNT OF MILEAGE WHICH HE RECEIVED FOR THE TRANSPORTATION OF HIS DEPENDENT. THIS WOULD BE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH M7000-10 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES AS FOLLOWS:

"MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION * * * FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THIS VOLUME, EXCEPT:

"10. FOR DEPENDENTS RECEIVING ANY OTHER TYPE OF TRAVEL ALLOWANCES FROM THE GOVERNMENT IN THEIR OWN RIGHT; "

ALSO, IF IT IS AGREED THAT MRS. ESTLIN IS TO RECEIVE THE BENEFITS UNDER THE TRAVEL ORDER ISSUED BY THE DEPARTMENT OF THE NAVY SHE WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE ONLY SINCE THERE IS NOTHING OF RECORD TO SHOW THAT MRS. ESTLIN PAID THE OPERATING EXPENSES OF THE AUTOMOBILE INCIDENT TO THE TRAVEL TO WASHINGTON, D.C. SEE 21 COMP. GEN. 899, B-151410, JUNE 13, 1963 (COPY HEREWITH).

ACTION ON THE VOUCHER, WHICH IS RETURNED HEREWITH, SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.