B-167186, AUG. 21, 1969

B-167186, AUG. 21, 1969

MILITARY - TRANSPORTATION - MILEAGE ALLOWANCE DECISION ALLOWING CLAIM FOR REIMBURSEMENT FOR COST OF COMMERCIAL AIR TRANSPORTATION FOR TRAVEL FROM WASHINGTON, D.C. TO SAIGON INCIDENT TO RETIREMENT AS SERGEANT FIRST CLASS, UNITED STATES ARMY. MEMBER WHO, INCIDENT TO RETIREMENT IN WASHINGTON, D.C., DID NOT APPLY FOR ISSUANCE OF AN AUTHORIZATION FOR GOVT. TRANSPORTATION TO VIETNAM MAY NOT BE REIMBURSED COST OF COMMERCIAL AIR TRANSPORTATION PERMITS MEMBER TO RECEIVE MILEAGE ALLOWANCE NOT TO EXCEED AMOUNT IT WOULD HAVE COST GOVERNMENT FOR AIR TRAVEL.

TO MR. DEAN A. HUMPHRIES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 19, 1969, AND ENCLOSURE, IN EFFECT REQUESTING A REVIEW OF SETTLEMENT DATED DECEMBER 9, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL AIR TRANSPORTATION UTILIZED FOR TRAVEL FROM WASHINGTON, D.C., TO SAIGON, VIETNAM, DURING THE PERIOD APRIL 1 TO 6, 1968, UPON RETIREMENT AS SERGEANT FIRST CLASS (E-7), U.S. ARMY.

BY PARAGRAPH 275, SPECIAL ORDERS NO. 1, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., YOU WERE RELIEVED FROM ACTIVE DUTY AND PLACED ON THE RETIRED LIST EFFECTIVE APRIL 1, 1968, PURSUANT TO 10 U.S.C. 3914 (20 YEAR RETIREMENT). THE PLACE OF RETIREMENT, AS SHOWN IN THOSE ORDERS, WAS WASHINGTON, D.C. YOU SELECTED SAIGON, VIETNAM, AS YOUR HOME UPON RETIREMENT AND YOU TRAVELED TO THAT PLACE DURING THE PERIOD APRIL 1 TO 6, 1968. ON MAY 9, 1968, YOU FILED A CLAIM FOR REIMBURSEMENT OF THE FARE, $634, FOR TRAVEL BY COMMERCIAL AIR (TOURIST CLASS VIA AMERICAN AIRLINES, NORTHWEST AIRLINES AND PAN AMERICAN AIRWAYS) AND IN AN ACCOMPANYING FORM YOU STATED THAT YOUR BRIEF CASE WHICH CONTAINED ALL YOUR PAPERS INCLUDING THE TICKET STUBS WAS STOLEN IN SAIGON.

THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FORWARDED THE CLAIM AND SUPPORTING PAPERS TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION. SETTLEMENT DATED DECEMBER 9, 1968, THE CLAIMS DIVISION DISALLOWED THE CLAIM ON THE BASIS THAT SINCE YOU WERE UNABLE TO FURNISH SUPPORTING RECEIPTS THERE IS NO EVIDENCE OF RECORD TO SHOW THAT YOU PERFORMED TRAVEL TO YOUR HOME OF SELECTION AT PERSONAL EXPENSE.

IN YOUR LETTER OF MAY 19, 1969, YOU SAY THAT THE AMERICAN AIRLINES FROM WHOM YOU PURCHASED THE TICKET CANNOT FURNISH YOU WITH THE TICKET NUMBER BUT THAT THEY HAVE GIVEN YOU A STATEMENT, WHICH YOU ENCLOSED WITH YOUR LETTER, FOR USE IN THIS MATTER. THAT STATEMENT WHICH IS DATED APRIL 30, 1969, READS AS FOLLOWS:

"TO WHOM IT MAY CONCERN: THIS WILL ACKNOWLEDGE RECEIPT OF THE AMOUNT OF $639.00 FROM MR. D. A. HUMPHRIES ON APRIL 2, 1968, FOR THE PURCHASE OF AIR TRANSPORTATION FROM WASHINGTON TO SAIGON, VIETNAM VIA PHILADELPHIA, MINNEAPOLIS AND SAN FRANCISCO.'

SECTION 404 (C) OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO IS RETIRED WITH PAY MAY, NOT LATER THAN ONE YEAR FROM THE DATE HE IS SO RETIRED, SELECT HIS HOME FOR THE PURPOSES OF THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED BY SUBSECTION (A). PARAGRAPH M4158 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER WHO IS RETIRED AS IN YOUR CASE MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION AS PRESCRIBED IN PARAGRAPHS M4151 OR M4159 AS APPLICABLE.

PARAGRAPH M4151 OF THE REGULATIONS AUTHORIZES MILEAGE FOR LAND TRAVEL AND PARAGRAPH M4159-1 PROVIDES THAT A MEMBER TRAVELING TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES, UNDER ORDERS WHICH DO NOT SPECIFY GROUP TRAVEL OR DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, WILL BE ENTITLED TO: "1. THE ALLOWANCES PRESCRIBED IN PAR. M4150 OR M4154, AS APPLICABLE, FOR THE OFFICIAL DISTANCE BETWEEN THE OLD PERMANENT STATION AND THE APPROPRIATE AERIAL OR WATER PORT OF EMBARKATION SERVING THE OLD DUTY STATION; "2. TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, OTHERWISE GOVERNMENT PROCURED TRANSPORTATION OR REIMBURSEMENT FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE FOR THE TRANSOCEANIC TRAVEL INVOLVED (SEE SUBPAR. 4), PLUS PER DIEM, IF APPLICABLE, IN ACCORDANCE WITH PART F; AND "3. THE ALLOWANCES PRESCRIBED IN PAR. M4150 OR M4154, AS APPLICABLE, FOR THE OFFICIAL DISTANCE BETWEEN THE APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION SERVING THE NEW STATION AND THE NEW PERMANENT STATION.'

PARAGRAPH M4150 PRESCRIBES A MILEAGE ALLOWANCE OF SIX CENTS PER MILE FOR LAND TRAVEL AND PARAGRAPH M4159-4 OF THE REGULATIONS PROVIDES THAT WHEN TRAVEL IS DIRECTED BY GOVERNMENT TRANSPORTATION, INCLUDING MILITARY AIRLIFT COMMAND CONTRACT SPACE AND MILITARY SEA TRANSPORTATION SERVICE EN BLOC SPACE, AND THE MEMBER PERFORMS TRANSOCEANIC TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, NO REIMBURSEMENT FOR THE TRANSOCEANIC TRAVEL IS AUTHORIZED. THIS PARAGRAPH ALSO PROVIDES, HOWEVER, THAT WHEN TRAVEL BY GOVERNMENT TRANSPORTATION IS AUTHORIZED (AS DISTINGUISHED FROM DIRECTED) AND THE MEMBER PERFORMS TRANSOCEANIC TRAVEL BY ANOTHER MODE OF TRANSPORTATION (OTHER THAN FOREIGN-FLAG) AT PERSONAL EXPENSE, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR THE COST OF THE TRANSPORTATION UTILIZED NOT TO EXCEED THE APPLICABLE TARIFF CHARGE WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY FOR THE AVAILABLE GOVERNMENT TRANSPORTATION.

ALSO, PARAGRAPH 74 OF THE DEPARTMENT OF THE ARMY PAMPHLET 600-5, DATED AUGUST 8, 1962 (SUPERSEDED JANUARY 15, 1969), IN PERTINENT PART, READS AS FOLLOWS:

"TRAVEL TO A HOME OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES IS AUTHORIZED AT GOVERNMENT EXPENSE. ANY TRAVEL PERFORMED VIA COMMERCIAL VESSEL OR AIRCRAFT FOR WHICH REIMBURSEMENT WILL BE REQUESTED MUST BE PERFORMED ON A VESSEL OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES. RETIREMENT ORDERS CONSTITUTE AUTHORITY FOR THE TRANSPORTATION OF THE RETIRED MEMBER AND HIS DEPENDENTS, BUT APPLICATION FOR GOVERNMENT TRANSPORTATION MUST BE MADE AND THE RETIREMENT ORDERS MUST BE SUPPLEMENTED BY A SEPARATE TRAVEL AUTHORIZATION COVERING RETIRED MEMBERS AND DEPENDENTS WHO PLAN TO TRAVEL TO A HOME OUTSIDE THE UNITED STATES.'

THERE IS NOTHING IN THE RECORD TO SHOW THAT YOU HAD APPLIED TO AN APPROPRIATE ARMY TRANSPORTATION OFFICE OR ARMY TERMINAL COMMANDER IMMEDIATELY BEFORE OR AFTER YOUR RETIREMENT FOR THE ISSUANCE OF AN AUTHORIZATION UNDER WHICH GOVERNMENT TRANSPORTATION FROM A UNITED STATES AERIAL PORT OF EMBARKATION TO VIETNAM WOULD HAVE BEEN MADE AVAILABLE TO YOU ON THE BASIS OF YOUR RETIREMENT ORDERS. THEREFORE, AND IN THE ABSENCE OF A FURTHER SHOWING IN THE RECORD THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE TO YOU, THERE APPEARS TO BE NO AUTHORITY FOR REIMBURSING YOU FOR THE AMOUNT OF $639, THE COMMERCIAL AIR FARE.

SINCE THE STATEMENT OF APRIL 30, 1969, FROM THE AMERICAN AIRLINES, ESTABLISHES THAT YOU PURCHASED COMMERCIAL AIR TRANSPORTATION FROM WASHINGTON TO SAIGON, IT IS CONCLUDED THAT UNDER PARAGRAPH M4158 OF THE JOINT TRAVEL REGULATIONS YOU ARE ENTITLED TO A MILEAGE ALLOWANCE AS AUTHORIZED BY PARAGRAPHS M4150 AND M4151 OF THE REGULATIONS AT THE RATE OF $ .06 PER MILE FOR THE OFFICIAL COMMON CARRIER DISTANCE BETWEEN WASHINGTON, D.C., AND TRAVIS AIR FORCE BASE, CALIFORNIA, AERIAL PORT OF EMBARKATION TO SAIGON ($177.18 FOR 2,953 MILES $ .06), AND, AS AUTHORIZED BY PARAGRAPH M4159-4 OF THE REGULATIONS, TO THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT FOR AIR TRAVEL FROM TRAVIS AIR FORCE BASE TO SAIGON. THAT COST AS SHOWN BY MILITARY AIRLIFT COMMAND RATE SCHEDULES IS $172 (RATE TABLE IV, ATTACHMENT 1, AIR FORCE REGULATIONS NO. 76-11, DATED JANUARY 18, 1968).

ACCORDINGLY, A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT OF $349.18 ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.