B-181078, DEC 16, 1974

B-181078, DEC 16, 1974

MILITARY MEMBER ON PERMANENT CHANGE OF STATION WHO WAS NOT ISSUED NOR TOLD OF THE NEED FOR MILITARY TRANSPORTATION AUTHORIZATION FORM REQUIRED FOR USE OF DIRECTED GOVERNMENT TRANSPORTATION AND WHOSE ORDERS DID NOT CONTAIN INDORSEMENT REQUIRED FOR USE OF GOVERNMENT TRANSPORTATION MAY BE REIMBURSED ACTUAL TRAVEL EXPENSES FOR USE OF LOWEST FARE COMMERCIAL TRANSPORTATION AVAILABLE.

REIMBURSEMENT OF AIRFARE PAID BY OTSN JERRY R. EDWARDS:

THIS DECISION IS IN RESPONSE TO A REQUEST RECEIVED FROM THE DISBURSING OFFICER, NAVAL STATION, ADAK, ALASKA. THE REQUEST CONCERNS THE LEGAL PROPRIETY OF PAYING THE TRAVEL VOUCHER OF OTSN JERRY R. EDWARDS FOR $87.64, REPRESENTING REIMBURSEMENT OF THE ACTUAL EXPENSE OF PROCURING AIR TRANSPORTATION FROM ANCHORAGE, ALASKA, TO ADAK, ALASKA LOCATED IN ADAK ISLAND IN THE ALEUTIAN CHAIN, INCIDENT TO THE MEMBER'S PERMANENT CHANGE OF STATION FROM THE FLEET SONAR SCHOOL, KEY WEST, FLORIDA, TO THE NAVAL FACILITY, ADAK, ALASKA. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 74-15 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE DEPARTMENT OF THE NAVY STANDARD TRANSFER ORDER NO. 651-73 COVERING THE PERMANENT CHANGE OF STATION WAS PREPARED ON AUGUST 1, 1973, AND AMONG OTHER THINGS, DIRECTED THE MEMBER TO REPORT TO WESTERN AIRLINES, SEATTLE- TACOMA AIRPORT, THENCE REEVE-ALEUTIAN AIRLINES, ANCHORAGE, ALASKA, TO THE ULTIMATE DESTINATION, THE NAVAL FACILITY AT ADAK, ALASKA, AUTHORIZED LEAVE EN ROUTE AT SAN JOSE, CALIFORNIA, AND AUTHORIZED ADVANCED TRAVEL PAY. THE BACK OF THE ORDER SHOWS THAT THE MEMBER WAS PAID AN ADVANCE TRAVEL ALLOWANCE OF $204.24 (3,404 MILES AT SIX CENTS PER MILE) ON AUGUST 3, 1973, AND THAT THE MEMBER WAS ISSUED GOVERNMENT TRANSPORTATION REQUEST NO. 4680367 COVERING AIR TRAVEL FROM SEATTLE, WASHINGTON, TO ANCHORAGE, ALASKA, VIA WESTERN ARILINES, IN THE CATEGORY Z MODE.

PART OF THE ORDER INDICATES THAT TRAVEL WAS DIRECTED BY GOVERNMENT AIRCRAFT (WHERE AVAILABLE) AND BY COMMERCIAL MEANS FROM KEY WEST TO SEATTLE, SEATTLE TO ANCHORAGE AND ANCHORAGE TO ADAK. ALTHOUGH TRAVEL WITHIN THE CONTINENTAL UNITED STATES IS COVERED BY THE MILEAGE PAYMENT AND TRAVEL FROM SEATTLE TO ANCHORAGE BY ISSUANCE OF A TRANSPORTATION REQUEST, THE TRAVEL ORDER AND INDORSEMENTS THEREON CONTAIN NO INDICATION OF THE METHOD OF TRAVEL OR FORM OF REIMBURSEMENT FOR THE TRAVEL FROM ANCHORAGE TO ADAK.

AMONG DOCUMENTS SUPPORTING THE TRAVEL VOUCHER ARE COPIES OF AIRLINE FLIGHT COUPONS. THEY SHOW THAT THE MEMBER FLEW FROM SAN FRANCISCO, CALIFORNIA, TO SEATTLE, WASHINGTON, AS A MILITARY STANDBY AND AT THE MILITARY FURLOUGH FARE OF $29.64, FROM SEATTLE TO ANCHORAGE, ALASKA, ON A TICKET ISSUED BY WESTERN AIRLINES IN EXCHANGE FOR TRANSPORTATION REQUEST NO. R-4680367 AT THE CATAGORY Z FARE OF $57.39, AND FROM ANCHORAGE TO ADAK, ALASKA, VIA REEVE-ALEUTIAN AIRLINES (RV) AS A MILITARY STANDBY AT THE MILITARY FURLOUGH FARE OF $87.64.

THE MEMBER CLAIMS $87.64, BUT APPARENTLY BECAUSE MILITARY AIRCRAFT CONTRACT SPACE FROM ANCHORAGE TO ADAK WAS AVAILABLE VIA RV AT A COST OF $24 AND BECAUSE THE MEMBER'S LAST COMMAND DID NOT ISSUE TO HIM A MILITARY TRANSPORTATION AUTHORIZATION FORM (MTA) NOR ADVISE HIM TO OBTAIN ONE, THE QUESTION ARISES AS TO THE AMOUNT OF THE MEMBER'S TRAVEL ALLOWANCE.

UNDER 37 U.S.C. 404 THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE MADE TO A MEMBER OF THE UNIFORMED SERVICES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS UPON A CHANGE OF PERMANENT STATION. PURSUANT TO THIS STATUTE THE SECRETARIES OF THE UNIFORMED SERVICES HAVE PROMULGATED VOLUME 1, JOINT TRAVEL REGULATION (1 JTR). THE PROVISIONS OF 1 JTR M4159- 4 (CHANGE 235, SEPT.1, 1972), GOVERNED REIMBURSEMENT OF MEMBERS FOR TRANSPORTATION FOR TRANSOCEANIC TRAVEL AT THE TIME IN QUESTION.

THE U.S. NAVAL TRAVEL INSTRUCTIONS SUPPLEMENT FOR NAVY AND MARINE CORPS PERSONNEL THE JOINT TRAVEL REGULATIONS. PARAGRAPH 2255-1 OF THOSE INSTRUCTIONS REQUIRES A TRAVELER TO PRESENT A PROPERLY EXECUTED MILITARY AIRLIFT COMMAND (MAC) MILITARY TRANSPORTATION AUTHORIZATION (MTA) TO OBTAIN RESERVED TRANSPORTATION FOR VARIOUS TYPES OF MAC TRANSPORTATION AND PARAGRAPH 2255-2D REQUIRES THAT THE TRAVEL ORDER BE ENDORSED TO SHOW THE NUMBER OF AND OTHERWISE IDENTIFY THE MTA. IN THE CASE PRESENTED THE MEMBER'S LAST COMMAND DID NOT ISSUE THE REQUIRED MTA NOR ADVISE HIM TO OBTAIN ONE FOR THE PROCUREMENT OF TRANSPORTATION FROM ANCHORABE TO ADAK. FURTHER, THE ENDORSEMENT REQUIRED BY PARAGRAPH 2255 2D OF THE NAVAL INSTRUCTIONS IS NOT ON THE TRAVEL ORDER. IN THE CIRCUMSTANCES THE MEMBER COULD NOT USE THE GOVERNMENT TRANSPORTATION AVAILABLE BETWEEN ANCHORAGE AND ADAK. NEITHER COULD THE MEMBER HAVE USED COMMERCIAL TRAVEL OF THE CATEGORY Z TYPE BECAUSE IT IS NOT OFFERED BETWEEN ANCHORAGE AND ADAK AND BECAUSE PROCUREMENT OF THAT TYPE OF AIR TRANSPORTATION REQUIRES THE ISSUANCE OF A TRANSPORTATION REQUEST.

THUS, THE RECORD SHOWS THAT THE MEMBER WAS NOT FURNISHED THE REQUISITE MTA; THE MEMBER'S TRAVEL ORDER DID NOT CONTAIN THE ENDORSEMENT REQUIRED BY PARAGRAPH 2255-2D OF THE NAVAL INSTRUCTIONS; THE MEMBER WAS NOT ADVISED BY AN ENTRY ON HIS TRAVEL ORDER OR IN ANY OTHER MANNER THAT GOVERNMENT TRANSPORTATION (SPACE RESERVED ON A COMMERCIAL FLIGHT) WAS AVAILABLE FOR THE PART OF THE TRIP IN QUESTION; AND THE MEMBER WAS NOT ADVISED OF THE NECESSARY PROCEDURES FOR OBTAINING GOVERNMENT TRANSPORTATION. THE MEMBER HAD NO EXPRESS DIRECTION TO USE GOVERNMENT TRANSPORTATION OF THE TYPE HERE INVOLVED NOR DOES IT APPEAR THAT HE SHOULD HAVE KNOWN OF THE EXISTENCE OF THIS TYPE OF TRANSPORT OR THE PROCEDURES REQUIRED FOR TRAVEL BY THAT MODE. IN THE CIRCUMSTANCES WE CONCLUDE THAT HE IS ENTITLED TO REIMBURSEMENT FOR THE COMMERCIAL TRAVEL PERFORMED IN THE AMOUNT CLAIMED, $87.64. SEE 1 JTR M4159-4B, SUPRA.

ACCORDINGLY, OUR OFFICE WILL NOT OBJECT TO PAYMENT OF THE AMOUNT CLAIMED, IF OTHERWISE CORRECT.