B-173370, MAR 3, 1972, 51 COMP GEN 556

B-173370, MAR 3, 1972, 51 COMP GEN 556

TRANSPORTATION - MILITARY PERSONNEL - IN LEAVE STATUS WITHOUT FUNDS TO ELIMINATE THE DIFFICULTY BEING EXPERIENCED IN DISTINGUISHING BETWEEN "COST-CHARGE" GOVERNMENT PROCURED TRANSPORTATION FURNISHED MEMBERS TRAVELING IN A LEAVE STATUS WITHOUT PRIOR ORDERS WHO ARE WITHOUT FUNDS TO RETURN TO THEIR DUTY STATION AND THE MIXED TRAVEL THAT IS ADJUSTED UNDER PARAGRAPH M4154 OF THE JOINT TRAVEL REGULATIONS ON THE TRAVEL VOUCHERS OF MEMBERS TRAVELING UNDER CHANGE-OF-STATION ORDERS WITH LEAVE EN ROUTE WHO ARE WITHOUT FUNDS AT THEIR LEAVE POINT AND ARE ALSO FURNISHED GOVERNMENT PROCURED TRANSPORTATION, THE REGULATIONS SHOULD BE CHANGED TO PRODUCE UNIFORMITY IN THE TREATMENT OF MEMBER TRAVEL CLAIMS. IT IS SUGGESTED THAT THE ISSUANCE OF A TRANSPORTATION REQUEST (TR) IN ALL LEAVE CASES BE TREATED AS A "COST-CHARGE" TRANSACTION AND THE AMOUNT OF THE TR DEDUCTED FROM THE PAY AND ALLOWANCES DUE A MEMBER, OR IN LIEU OF ISSUING A TR, A CASUAL PAYMENT BE AUTHORIZED.

TO THE SECRETARY OF THE ARMY, MARCH 3, 1972:

UNDER THE PROVISIONS OF PARAGRAPH M5400 OF THE JOINT TRAVEL REGULATIONS MEMBERS TRAVELING IN A LEAVE STATUS WITHOUT PRIOR ORDERS WHO ARE WITHOUT FUNDS MAY BE FURNISHED GOVERNMENT PROCURED TRANSPORTATION FOR RETURN TO THEIR DUTY STATIONS. THE COST OF THIS TRANSPORTATION IS CHARGED AGAINST THE MEMBER'S PAY ACCOUNT AND IS DESIGNATED AS COST-CHARGE TRANSPORTATION.

UNDER THE SAME PROVISIONS, MEMBERS TRAVELING UNDER CHANGE OF PERMANENT STATION ORDERS (PCS) WITH LEAVE EN ROUTE WHO ARE WITHOUT FUNDS AT THEIR LEAVE POINT LIKEWISE MAY BE FURNISHED GOVERNMENT PROCURED TRANSPORTATION FOR THE ONWARD TRAVEL FROM THE LEAVE POINT TO THEIR NEW DUTY STATION. THIS SITUATION, HOWEVER, THE TRANSPORTATION HAS BEEN VIEWED UNDER THE REGULATIONS AS HAVING BEEN FURNISHED PURSUANT TO THE TRAVEL ORDERS AND THE COST OF THE TRANSPORTATION CONSIDERED A MATTER FOR ADJUSTMENT ON THE MEMBERS' TRAVEL VOUCHERS AS MIXED TRAVEL UNDER PARAGRAPH M4154 OF THE JOINT TRAVEL REGULATIONS.

THE ARMY HAS A SYSTEM OF ALLOTMENT CODES WHICH IT USES ON TRANSPORTATION REQUESTS TO DISTINGUISH BETWEEN THE TWO FORMS OF TRAVEL REFERRED TO ABOVE. IN THE COURSE OF A REVIEW BY OUR AUDIT PERSONNEL OF TRAVEL BY ARMY MEMBERS THROUGH USE OF CARRIER TICKETS PROCURED BY GOVERNMENT TRANSPORTATION REQUESTS ISSUED IN CONNECTION WITH THESE TYPES OF TRAVEL, IT WAS FOUND THAT APPROXIMATELY 31 PERCENT OF THE PCS SAMPLE AND 7 PERCENT OF THE COST-CHARGE SAMPLE WERE ERRONEOUSLY CLASSIFIED. THE ALLOTMENT CODING ON THE FACE OF THE TRANSPORTATION REQUESTS FOR PCS TRAVEL IDENTIFIED THEM AS COST-CHARGE AND VICE VERSA. A FURTHER INVESTIGATION INDICATED THAT THE OFFICES ISSUING THE TRANSPORTATION REQUESTS (TRS) HAVE BEEN EXPERIENCING DIFFICULTY IN DISTINGUISHING BETWEEN THE TWO AND THEIR FAILURE TO DO SO LEADS TO IMPROPER SETTLEMENTS OF TRAVEL CLAIMS IN MANY CASES.

TO ILLUSTRATE THE PROBLEM, A MEMBER TRAVELING UNDER PERMANENT CHANGE OF- STATION ORDERS FROM KOREA TO FORT KNOX, KENTUCKY, WAS AUTHORIZED 30 DAYS' DELAY EN ROUTE TO COUNT AS LEAVE WITH LEAVE ADDRESS AT HAMMOND, INDIANA. THE ORDERS CONTAINED NO TRAVEL DATA AND AT MEMBER'S ELECTION HE CHOSE TO RECEIVE $0.06 PER MILE FOR THE OFFICIAL MILEAGE FROM MCCHORD AIR FORCE BASE (PORT OF ENTRY) TO FORT KNOX AND WAS PAID $141 TRAVEL ADVANCE BASED ON THIS MILEAGE RATE. WHILE ON LEAVE THE MEMBER WAS ISSUED A TR FOR THE COMPLETION OF HIS JOURNEY FROM CHICAGO, ILLINOIS, TO HIS NEW DUTY STATION AND THE COST OF THIS TRANSPORTATION, $14, WAS DEDUCTED FROM HIS PAY UNDER THE COST-CHARGE PROCEDURE.

SINCE THE MEMBER HAD BEEN TRAVELING UNDER PERMANENT CHANGE-OF-STATION ORDERS WHEN HE HAD NEED FOR A TR FOR CONTINUED TRAVEL, THE GOVERNING REGULATIONS APPARENTLY CONTEMPLATE THAT ALL TRAVEL FROM MCCHORD AIR FORCE BASE TO FORT KNOX SHOULD BE CONSIDERED MIXED TRAVEL - PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT TRANSPORTATION - WITH THE MEMBER'S TRAVEL EXPENSE ENTITLEMENT GOVERNED BY PARAGRAPH M4154 OF THE JOINT TRAVEL REGULATIONS. UNDER THE PROVISIONS OF THAT PARAGRAPH, THE MEMBER WOULD BE ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT $0.05 PER MILE FOR LAND TRAVEL FROM MCCHORD TO FORT KNOX, LESS THE DISTANCE FROM CHICAGO TO FORT KNOX, PLUS PROPER PER DIEM, REQUIRING A REPAYMENT OF $29.27 INSTEAD OF THE $14 WHICH HE WAS CHARGED.

FROM THE STANDPOINT OF LEAVE TRAVEL WE PERCEIVE NO PRACTICAL DIFFERENCE BETWEEN THE CITED CASE AND THAT OF A MEMBER ON LEAVE WITHOUT TRAVEL ORDERS, WHO IS FURNISHED TRANSPORTATION THROUGH USE OF A TR TO RETURN TO HIS DUTY STATION.

IN CASES OF TRAVEL PERFORMED UNDER ORDERS, SECTION 404(A) OF TITLE 37 OF THE U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES WITHOUT REGARD TO THE COMPARATIVE COSTS OF THE VARIOUS MODES OF TRANSPORTATION. INSOFAR AS HERE INVOLVED, PERMANENT CHANGE-OF-STATION TRAVEL COSTS ARE LEGALLY REIMBURSABLE ON TWO BASES. A MONETARY ALLOWANCE FOR TRANSPORTATION PLUS PER DIEM (37 U.S.C. 404(D)(2)) OR A MILEAGE ALLOWANCE (37 U.S.C. 404(D)(3)).

AS INDICATED ABOVE, THE CURRENT JOINT TRAVEL REGULATIONS PROVIDE IN PARAGRAPH M5400 THAT:

1. PRIOR ORDERS

A. GENERAL. WHEN *** A MEMBER OTHERWISE WITHOUT FUNDS *** UNDER PRIOR ORDERS, REPORTS IN *** TO A STATION OF ONE OF THE RESPECTIVE SERVICES OTHER THAN HIS DUTY STATION AND IS WITHOUT FUNDS WITH WHICH TO PURCHASE TRANSPORTATION, HE MAY BE FURNISHED THE NECESSARY TRANSPORTATION *** TO TRAVEL TO HIS NEW DUTY STATION *** . IN SUCH CASES, THE TRANSPORTATION *** WILL BE CONSIDERED AS FURNISHED IN CONNECTION WITH THE PRIOR ORDERS, AND REIMBURSEMENT ***SHOULD BE MADE IN ACCORDANCE WITH THE APPROPRIATE INSTRUCTIONS OF CHAPTER 4.

PARAGRAPH M4154 OF CHAPTER 4, WHICH GOVERNS MIXED TRAVEL, PROVIDES FOR THE COMPUTATION OF TRAVEL ALLOWANCES IN CASES INVOLVING LAND TRAVEL ON PERMANENT CHANGES OF STATION WHERE SUCH TRAVEL IS PARTLY BY GOVERNMENT MEANS - INCLUDING TRANSPORTATION REQUESTS - AND PARTLY AT PERSONAL EXPENSE. THIS PARAGRAPH PROPERLY ESTABLISHES THE RULE IN ALL SITUATIONS WHERE MIXED TRAVEL IS CONTEMPLATED BY THE PCS ORDERS. ITS APPLICATION, HOWEVER, IN CASES WHERE NO TRAVEL DATA IS INCLUDED IN THE ORDERS AND THE TRAVEL WAS FROM A LEAVE POINT TO THE MEMBER'S NEW STATION APPEARS QUESTIONABLE.

WE HELD IN 23 COMP. GEN. 713 (1944), THAT WHERE TRAVEL HAS BEEN PERFORMED ON A MILEAGE BASIS AND THE ORDERS AUTHORIZE THE ALLOWANCE ON THAT BASIS, THOSE ORDERS MAY NOT BE AMENDED RETROACTIVELY TO CHANGE THE REIMBURSEMENT FOR TRAVEL ALREADY PERFORMED. UNDER THE PRINCIPLE OF THAT DECISION - WHICH HAS BEEN CONSISTENTLY FOLLOWED AND APPLIED BY THIS OFFICE - THE TRAVEL REIMBURSEMENT RIGHTS OF A MEMBER WHO HAD PERFORMED TRAVEL ON A MILEAGE BASIS MAY NOT LEGALLY BE CHANGED RETROACTIVELY TO REIMBURSE HIM ON ANOTHER BASIS FOR THAT TRAVEL. SUCH REIMBURSEMENT RIGHTS MAY ONLY BE CHANGED PROSPECTIVELY.

UNDER THIS RULE, IT WOULD BE IMPROPER TO AMEND THE MEMBER'S ORDERS SO AS TO REQUIRE RECOMPUTATION OF THE TRAVEL REIMBURSEMENT RIGHTS IN THE CITED CASE FOR ANY OF THE TRAVEL PERFORMED ON PCS WITH THE POSSIBLE EXCEPTION OF THE DISTANCE FROM CHICAGO TO FORT KNOX. YET, THE CITED REGULATIONS AS APPLIED HAVE PRECISELY THAT EFFECT IN LEAVE EN ROUTE PCS CASES WHERE GOVERNMENT TRANSPORTATION IS FURNISHED FOR ONWARD TRAVEL FROM THE LEAVE POINT.

ALSO, SUCH APPLICATION APPEARS INCONSISTENT WITH CASE 9, PARAGRAPH M4156 OF THE JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT A MEMBER WHO TAKES LEAVE BEFORE JOINING HIS NEW STATION WHILE UNDER CHANGE-OF STATION ORDERS IS NOT DEPRIVED OF THE ALLOWANCES TO WHICH HE WOULD BE ENTITLED HAD HE NOT AVAILED HIMSELF OF LEAVE. IN THIS REGARD, IT SEEMS APPARENT THAT BUT FOR THE TAKING OF LEAVE, THE MEMBER IN THE SUBMITTED CASE WOULD HAVE BEEN ENTITLED TO MILEAGE FOR THE FULL DISTANCE AS PAID AND CLEARLY THE ISSUANCE OF THE TR WAS INCIDENT TO THE TAKING OF LEAVE RATHER THAN THE PERFORMANCE OF THE ORDERED TRAVEL.

IN SUCH CIRCUMSTANCES AND SINCE THE PRESENT REGULATIONS HAVE PRODUCED LACK OF UNIFORMITY IN THE TREATMENT OF MEMBER TRAVEL CLAIMS, IT IS RECOMMENDED THAT CHANGES BE MADE IN THE JOINT TRAVEL REGULATIONS TO RESOLVE THIS PROBLEM. IN OUR OPINION THERE WOULD BE NO LEGAL OBJECTION TO TREATING THE ISSUANCE OF A TR IN ALL LEAVE CASES AS A COST-CHARGE TRANSACTION - IN EFFECT A CASUAL PAYMENT - AND DEDUCTING THE AMOUNT OF THE TR FROM THE PAY AND ALLOWANCES OTHERWISE DUE THE MEMBER. IF THAT APPROACH TO THE PROBLEM IS DEEMED INAPPROPRIATE, IT WOULD APPEAR THAT A CASUAL PAYMENT IN LIEU OF TRANSPORTATION REQUESTS COULD BE AUTHORIZED IN ALL LEAVE CASES OF THE TYPE DISCUSSED ABOVE.