B-174262, NOV 23, 1971

B-174262, NOV 23, 1971

MILITARY PERSONNEL - TRAVEL INCIDENT TO SPECIAL LEAVE - USE OF COMMERCIAL AIR DECISION ALLOWING IN PART CLAIM OF MR. ANGEL LUIS VASQUEZ, JR., MEMBER UNITED STATES ARMY, FOR REIMBURSEMENT OF COST OF COMMERCIAL AIR TRANSPORTATION FROM OAKLAND, CALIF. TO BALBOA, CANAL ZONE INCIDENT TO SPECIAL LEAVE FOR TOUR EXTENSION IN VIETNAM. SINCE THE INFORMATION PROVIDED BY THE U.S. ARMY FINANCE CENTER INDICATES THAT ARRANGEMENTS WOULD HAVE BEEN MADE FOR COMMERCIAL AIR CARRIER, CLAIM IS ALLOWED FOR ROUND-TRIP CATEGORY 2 TRANSPORTATION IN THE AMOUNT OF $226 AS AUTHORIZED BY JOINT TRAVEL REGULATION. AMOUNT ACTUALLY PAID IN EXCESS OF THIS AMOUNT MAY NOT BE REIMBURSED.

TO MR. ANGEL LUIS VAZQUEZ, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 24, 1971, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DATED AUGUST 25, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL AIR TRANSPORTATION FROM OAKLAND, CALIFORNIA, TO BALBOA, CANAL ZONE, AND RETURN INCIDENT TO SPECIAL LEAVE TAKEN BY YOU DURING THE PERIOD AUGUST 21 THROUGH SEPTEMBER 21, 1969, WHILE SERVING IN THE ARMY.

THE RECORD SHOWS THAT BY LETTER ORDERS NO. 8-112, DATED AUGUST 17, 1969, YOU WERE GRANTED SPECIAL LEAVE IN ORDER TO TRAVEL FROM VIETNAM TO YOUR HOME IN BALBOA, CANAL ZONE, FOR 30 DAYS AND RETURN. THOSE ORDERS FURTHER PROVIDED THAT ALL REQUIRED TRAVEL WAS TO BE DETERMINED BY THE APPROPRIATE TRANSPORTATION OFFICER; THAT COMMERCIAL AIR TRANSPORTATION, INCLUDING FOREIGN FLAG AIRCRAFT WAS AUTHORIZED IF MILITARY AIRCRAFT WAS NOT AVAILABLE AND WHERE GOVERNMENT TRANSPORTATION OR GOVERNMENT PROCURED TRANSPORTATION WAS NOT AVAILABLE OR DEEMED IMPRACTICAL BY THE APPROPRIATE TRANSPORTATION OFFICER, REIMBURSEMENT WAS AUTHORIZED FOR TRANSPORTATION PROCURED AT PERSONAL EXPENSE IN ACCORDANCE WITH PARAGRAPH M4159-4 OF THE JOINT TRAVEL REGULATIONS. THOSE ORDERS ALSO INSTRUCTED YOU THAT IF MAC TRANSPORTATION TO AND FROM YOUR LEAVE SITE WAS NOT ARRANGED PRIOR TO YOUR DEPARTING VIETNAM, YOU WERE TO REPORT TO THE COMMERCIAL TRAVEL DESK OF THE APPROPRIATE MAC FACILITY FOR NECESSARY TRAVEL ARRANGEMENTS.

YOUR CLAIM VOUCHER SHOWS THAT YOU TRAVELED BY GOVERNMENT TRANSPORTATION FROM VIETNAM TO TRAVIS AIR FORCE BASE AND RETURN, AND THAT YOU TRAVELED BY COMMERCIAL AIR FROM OAKLAND, CALIFORNIA, TO THE CANAL ZONE AND RETURN. YOU SAY THAT WHEN YOU ARRIVED IN CALIFORNIA, YOU PURCHASED TICKETS FROM BRANIFF INTERNATIONAL AIRLINE AT A COST OF $454 FOR TRANSPORTATION TO THE CANAL ZONE AND RETURN. YOU STATE THAT COPIES OF THE TICKETS WERE ATTACHED TO A PRIOR CLAIM PRESENTED IN VIETNAM WHICH CLAIM APPARENTLY HAS BEEN LOST OR MISPLACED.

SINCE YOUR CLAIM WAS DISALLOWED IN THE ABSENCE OF RECEIPTS FOR THE AMOUNT CLAIMED AND A STATEMENT BY A TRANSPORTATION OFFICER THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FOR THE TRAVEL INVOLVED, YOU ASK WHETHER THERE IS ANY RECORD THAT YOU WERE EITHER TRANSPORTED TO THE CANAL ZONE FROM TRAVIS AIR FORCE BASE BY MILITARY AIRCRAFT OR THAT SUCH TRANSPORTATION WAS EVEN AVAILABLE ON AUGUST 20, 1969. IN ANSWER TO THAT QUESTION, THERE IS NOTHING IN THE RECORD WHICH WOULD INDICATE THAT YOU USED MILITARY TRANSPORTATION FROM TRAVIS AFB TO THE CANAL ZONE AND RETURN OR THAT SUCH TRANSPORTATION WAS AVAILABLE TO YOU.

IN CONNECTION WITH THE ABOVE, CHAPTER 5, PART J OF THE JOINT TRAVEL REGULATIONS, ENTITLED "MEMBERS AUTHORIZED SPECIAL 30-DAY LEAVE FOR VOLUNTARY TOUR EXTENSIONS," PROVIDES IN PARAGRAPH M5501 AS FOLLOWS:

"A MEMBER WHO IS ENTITLED TO TRANSPORTATION UNDER THIS PART WILL BE FURNISHED GOVERNMENT TRANSPORTATION OR GOVERNMENT-PROCURED TRANSPORTATION TO THE MAXIMUM EXTENT PRACTICABLE. WHEN GOVERNMENT OR GOVERNMENT-PROCURED TRANSPORTATION IS NOT UTILIZED AND THE MEMBER PROCURES TRANSPORTATION AT PERSONAL EXPENSE, HE WILL BE REIMBURSED:

"1. FOR TRANSOCEANIC TRAVEL, IN ACCORDANCE WITH PAR. M4159-4;

"2. FOR LAND TRAVEL BY SURFACE MEANS, AT THE COST ACTUALLY PAID BY THE MEMBER;

"3. FOR OVERLAND AIR TRAVEL, ON THE SAME BASIS AS FOR TRANSOCEANIC AIR TRAVEL UNDER ITEM 1."

PARAGRAPH M4159-4B. OF THE REGULATIONS PROVIDES IN PERTINENT PART:

"B. WHEN GOVERNMENT TRANSPORTATION IS NOT AVAILABLE. WHEN TRANSPORTATION VIA GOVERNMENT AIRCRAFT OR VESSEL IS NOT AVAILABLE, THE MEMBER WILL BE ENTITLED TO REIMBURSEMENT FOR THE COST OF TRANSOCEANIC TRAVEL PERFORMED AT PERSONAL EXPENSE AS FOLLOWS:

"1. IF GOVERNMENT TRANSPORTATION REQUESTS OR OTHER TRANSPORTATION PROCUREMENT DOCUMENTS WERE AVAILABLE TO THE MEMBER, THE AMOUNT OF REIMBURSEMENT WILL NOT EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE GOVERNMENT FURNISHED THE TRANSPORTATION; *** "

THE INFORMATION PROVIDED THIS OFFICE BY THE U.S. ARMY FINANCE CENTER SHOWS THAT HAD YOU FOLLOWED YOUR LETTER ORDERS AND REPORTED TO THE TRANSPORTATION OFFICER UPON YOUR ARRIVAL AT TRAVIS AFB, ARRANGEMENTS WOULD HAVE BEEN MADE FOR YOUR FLIGHT BY COMMERCIAL AIR CARRIER UNDER A SPECIAL TARIFF FOR USE BY DEPARTMENT OF DEFENSE TRAFFIC (CATEGORY Z). SEE ARMY REGULATION 59-41, MARCH 16, 1967. IN VIEW OF THAT REPORT, IT IS ASSUMED THAT MAC TRANSPORTATION WAS NOT AVAILABLE. THE COST TO THE GOVERNMENT FOR SUCH ROUND-TRIP CATEGORY Z TRANSPORTATION FROM OAKLAND TO THE CANAL ZONE AND RETURN IS REPORTED TO BE $226. UNDER THE TERMS OF THE ABOVE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, THAT COST IS THE MAXIMUM AMOUNT WHICH MAY BE REIMBURSED TO YOU FOR SUCH TRAVEL.

THEREFORE, SINCE THE COPIES OF YOUR TICKETS WERE SUBMITTED IN SUPPORT OF A PRIOR CLAIM AND HAVE BEEN LOST OR MISPLACED, A SETTLEMENT ON THE PRESENT RECORD WILL ISSUE IN YOUR FAVOR IN DUE COURSE IN THE AMOUNT OF THE APPROPRIATE CATEGORY Z TARIFF RATE FOR THE TRAVEL INVOLVED.