B-166674, DEC. 23, 1969

B-166674, DEC. 23, 1969

TRAVEL EXPENSES--LEAVES OF ABSENCE--EMERGENCY LEAVE AIR FORCE MEMBER UNDER ORDERS DATED JUNE 10, 1967 AUTHORIZING 30 DAYS' EMERGENCY LEAVE TO PROCEED FROM OVERSEAS STATION BY MILITARY AIRCRAFT ON SPACE AVAILABLE BASIS WITHOUT COST TO GOVERNMENT TO ACCOMPANY FAMILY, EVACUATED FROM LIBYA TO NAPLES, ITALY, AND THEN TO UNITED STATES UNDER ORDERS DATED JUNE 13, 1967, IS NOT ENTITLED TO REIMBURSEMENT OF TRAVEL TO LIVERMORE FALLS, MAINE, WITH FAMILY, EVEN THOUGH 37 U.S.C. 404 PROVIDES MEMBER IS ENTITLED TO TRAVEL AND TRANSPORTATION EXPENSES UPON PERMANENT CHANGE OF STATION SINCE TRAVEL WAS PERFORMED FOR LEAVE PURPOSES PRIOR TO RECEIPT OF ORDERS DATED JUNE 26, 1967 RELIEVING MEMBER FROM OVERSEAS ASSIGNMENT AND REASSIGNING HIM TO WRIGHT-PATTERSON AIR FORCE BASE, OHIO, AS OF JUNE 20, 1967.

TO STAFF SERGEANT JOSEPH N. PARE, AF11213028:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1969, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED WHILE TRAVELING FROM WHEELUS AIR FORCE BASE, LIBYA, TO WRIGHT PATTERSON AIR FORCE BASE, OHIO, IN JUNE 1967.

BY SPECIAL ORDER TA-345 DATED JUNE 10, 1967, YOU WERE GRANTED 30 DAYS' EMERGENCY LEAVE OF ABSENCE AND AUTHORIZED TO PROCEED ON OR ABOUT THAT DATE FROM YOUR OVERSEAS STATION BY THE FIRST AVAILABLE AIR TRANSPORTATION TO ANY U.S. ARMY PORT OF DEBARKATION. THE ORDER PROVIDED THAT TRAVEL PERFORMED TO AND FROM OVERSEAS AERIAL PORTS WOULD BE ON A SPACE REQUIRED BASIS AND TRAVEL BY MILITARY AIRCRAFT WITHIN THE CONTINENTAL UNITED STATES WAS AUTHORIZED ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO THE GOVERNMENT. BY SPECIAL ORDERS AP-130 DATED JUNE 26, 1967, AS AMENDED, YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND ASSIGNED TO THE 17TH BOMBARDMENT WING (SAC), WRIGHT-PATTERSON AIR FORCE BASE, OHIO, TO REPORT NOT LATER THAN JULY 20, 1967. BY SPECIAL ORDER 235 DATED JUNE 13, 1967, YOUR DEPENDENTS WHO HAD BEEN EVACUATED FROM WHEELUS AIR BASE, LIBYA, TO NAPLES, ITALY, WERE FURTHER EVACUATED FROM NAPLES, ITALY, TO WEBSTER, MASSACHUSETTS.

THE RECORD SHOWS THAT YOUR DEPENDENTS WERE EVACUATED FROM WHEELUS AIR BASE AND THAT EVACUATION ALLOWANCES COVERING THEIR EXPENSES FOR THE PERIOD BEGINNING JUNE 5, 1967, WHEN THEY DEPARTED WHEELUS UNTIL JULY 15, 1967, WHEN THEY WERE AT LIVERMORE FALLS, MAINE, IN THE AMOUNT OF $3,430 HAVE BEEN PAID. ALSO THE COST OF THEIR TRANSPORTATION FROM WHEELUS TO LIVERMORE FALLS HAS BEEN PAID BY THE GOVERNMENT. IT IS REPORTED THAT PERMANENT CHANGE OF STATION ALLOWANCES FOR YOU AND YOUR FAMILY FROM LIVERMORE FALLS TO WRIGHT-PATTERSON AIR FORCE BASE HAVE BEEN PAID OR ARE PAYABLE, AS WELL AS THE COST OF SHIPMENT OF YOUR HOUSEHOLD GOODS, CAR AND OTHER PERSONAL PROPERTY FROM LIBYA TO YOUR NEW STATION.

YOUR CLAIM IS FOR EXPENSES INCIDENT TO YOUR PERSONAL TRAVEL WHILE ACCOMPANYING YOUR DEPENDENTS DURING THE PERIOD OF THEIR EVACUATION AND TRAVEL FROM WHEELUS AIR BASE TO LIVERMORE FALLS, MAINE. THE ENTIRE PERIOD OF YOUR TRAVEL RELATED TO YOUR AUTHORIZED LEAVE; AND, WHILE THE LEAVE APPEARS TO HAVE BEEN AUTHORIZED ON AN EMERGENCY BASIS UNDER PARAGRAPH 31 OF AIR FORCE MANUAL 35-22 TO PERMIT YOU TRAVEL WITH YOUR FAMILY BECAUSE OF THE ILLNESS OF YOUR INFANT SON, THAT FACT DOES NOT AFFECT ITS CHARACTER AS AUTHORIZED LEAVE OR GIVE RISE TO ENTITLEMENT TO TRAVEL ALLOWANCES NOT OTHERWISE PROVIDED BY LAW AND REGULATION.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS, UPON A PERMANENT CHANGE OF STATION, OR OTHERWISE, OR WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. PARAGRAPH M3050-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS.

THE TRAVEL ALLOWANCES AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES ARE FOR THE PURPOSE OF REIMBURSING THE MEMBERS FOR THE EXPENSES INCURRED IN COMPLYING WITH THE TRAVEL REQUIREMENTS IMPOSED UPON THEM BY THE NEEDS OF THE SERVICES OVER WHICH THEY HAVE NO CONTROL. IT IS WELL SETTLED THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO PAYMENT OF HIS TRAVEL EXPENSES ONLY IN THOSE SITUATIONS WHERE THE TRAVEL MAY BE REGARDED AS HAVING BEEN INDUCED BY MILITARY CONSIDERATIONS OVER WHICH HE HAS NO CONTROL AND NOT FOR THE EXPENSES OF TRAVEL INCURRED FOR PERSONAL REASONS. 42 COMP. GEN. 27, AND 36 COMP. GEN. 257.

IT LONG HAS BEEN HELD THAT ALLOWANCES ARE NOT PAYABLE FOR TRAVEL PERFORMED SOLELY FOR LEAVE PURPOSES, THE TRAVEL BEING CONSIDERED AS PERFORMED FOR PERSONAL REASONS AND NOT AS HAVING BEEN PERFORMED ON PUBLIC BUSINESS. PERRIMOND V UNITED STATES, 19 CT. CL. 509; DAY V UNITED STATES, 123 CT. CL. 10, 18.

SINCE YOUR TRAVEL FROM WHEELUS AIR BASE TO LIVERMORE FALLS, MAINE, PRIOR TO RECEIPT OF YOUR ORDERS ASSIGNING YOU TO WRIGHT-PATTERSON AIR FORCE BASE WAS PERFORMED FOR LEAVE PURPOSES AND NOT FOR THE PERFORMANCE OF PUBLIC BUSINESS, THE EXPENSES OF SUCH TRAVEL ARE NOT LEGALLY REIMBURSABLE.

ACCORDINGLY, YOU ARE NOT ENTITLED TO ANY REIMBURSEMENT FOR YOUR PERSONAL TRAVEL FROM YOUR OVERSEAS STATION TO LIVERMORE FALLS, MAINE, AND YOUR CLAIM MUST BE DENIED.