B-194968.OM, FEB 8, 1982

B-194968.OM, FEB 8, 1982

SUBJECT: CAPTAIN LEONARD E. BURGER, JR., USAFR - CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES - ACTIVE DUTY FOR TRAINING IN EXCESS OF 20 WEEKS - B-194968-O.M. DIGEST: 1. WHERE, UNDER ERRONEOUS TRAVEL ORDERS, MEMBER ALLEGEDLY INCURRED EXPENSES FOR LAUNDRY, PURCHASE OF NECESSARY ITEMS, AND UNPAID UNEMPLOYMENT COMPENSATION, HIS CLAIM FOR REIMBURSEMENT CANNOT BE ALLOWED SINCE THESE PERSONAL EXPENSES ARE NOT AMONG THOSE INCLUDED IN THE JOINT TRAVEL REGULATIONS AS SUBJECT TO REIMBURSEMENT. 2. MEMBER'S CLAIM FOR MILEAGE ALLOWANCE FOR TRANSPORTING HIMSELF AND DEPENDENT WIFE TO HIS ACTIVE DUTY STATION SHOULD BE ALLOWED EVEN THOUGH MEMBER'S TRAVEL ORDERS DID NOT AUTHORIZE TRAVEL OF DEPENDENTS, WHERE FAILURE TO SO AUTHORIZE WAS DUE TO ERROR ON GOVERNMENT'S PART, AND UNDER APPLICABLE REGULATIONS HE WAS ENTITLED TO MOVE HIS DEPENDENTS. MILEAGE ALLOWANCE FOR MEMBER'S DEPENDENT CHILD MAY BE ALLOWED UPON MEMBER'S FURNISHING OF EVIDENCE OF CHILD'S AGE AT TIME OF TRAVEL TO SUPPORT HIS CLAIM OF ENTITLEMENT FOR DEPENDENT CHILD'S TRANSPORTATION. 3. MEMBER'S CLAIM FOR EXPENSES INCURRED IN BUILDING UTILITY TRAILER AND FOR DEPRECIATION ON MEMBER'S PRIVATELY OWNED VEHICLES USED TO TRANSPORT HIS HOUSEHOLD GOODS TO HIS ACTIVE DUTY STATION, SHOULD NOT BE ALLOWED SINCE UNDER JOINT TRAVEL REGULATIONS REIMBURSEMENT IS NOT ALLOWED FOR USE BY MEMBER OF HIS OWN SERVICES AND EQUIPMENT, BUT IS ALLOWED ONLY FOR ACTUAL TRANSPORTATION EXPENSES INCURRED BY MEMBER, SUCH AS FOR GASOLINE AND OIL, FOR WHICH HE CAN PRODUCE RECEIPTS OR OTHER ACCEPTABLE EVIDENCE. 4. MEMBER'S CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR STORAGE OF HOUSEHOLD GOODS SHOULD BE ALLOWED, UPON MEMBER'S PRESENTATION OF RECEIPTS SUBSTANTIATING AMOUNTS PAID, WHERE ERROR IN TRAVEL ORDERS FAILING TO AUTHORIZE SUCH STORAGE WAS ON GOVERNMENT'S PART AND MEMBER WOULD HAVE BEEN ENTITLED TO SUCH STORAGE HAD TRAVEL ORDERS BEEN CORRECTLY WRITTEN.

ASSOCIATE DIRECTOR, AFMD - CLAIMS GROUP (ROOM 5858):

RETURNED IS CLAIM FILE Z-2726846 PERTAINING TO THE CLAIM OF CAPTAIN LEONARD E. BURGER, JR., USAFR, FOR REIMBURSEMENT OF TRAVEL AND TRANSPORTATION COSTS THAT HE INCURRED IN MOVING HIMSELF, HIS DEPENDENTS, AND THEIR HOUSEHOLD GOODS, INCIDENT TO HIS ACTIVE DUTY FOR TRAINING. ALSO ATTACHED IS ADDITIONAL CORRESPONDENCE CONCERNING THIS CLAIM FORWARDED BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER.

CAPTAIN BURGER (THEN LIEUTENANT BURGER) WAS ORDERED TO ACTIVE DUTY TO ATTEND FLIGHT TRAINING SCHOOL FROM DECEMBER 3, 1973, THROUGH MAY 30, 1974, A PERIOD OF 179 DAYS. HIS ORDERS ERRONEOUSLY SPECIFIED THAT HE WOULD BE PAID PER DIEM FOR THE TERM OF THE TRAINING, AND FURTHER, THAT TRANSPORTATION OF HIS DEPENDENTS AND SHIPMENT OF HIS HOUSEHOLD GOODS IN EXCESS OF THE 600-POUND TEMPORARY DUTY WEIGHT ALLOWANCE WAS NOT AUTHORIZED. CAPTAIN BURGER'S ITINERARY CALLED FOR HIM TO TRAVEL FROM COLUMBUS AIR FORCE BASE (AFB), MISSISSIPPI, TO MCCLELLAN AFB, CALIFORNIA, WHERE THE TRAINING SCHOOL WOULD BE HELD, AND THEN TO RETURN TO HOMESTEAD AFB, FLORIDA.

CAPTAIN BURGER HAS STATED THAT NOTWITHSTANDING THE AUTHORIZATION IN HIS ORDERS, HE MOVED HIS DEPENDENTS (HIS WIFE AND DAUGHTER) AND THEIR HOUSEHOLD GOODS TO MCCLELLAN AFB AND BACK TO HOMESTEAD AFB AT PERSONAL EXPENSE. WHILE AT MCCLELLAN AFB, CAPTAIN BURGER COLLECTED PER DIEM FOR A PERIOD OF 148 DAYS, THROUGH APRIL 30, 1974. IT WAS THEN DETERMINED THAT THE PROHIBITION AGAINST PAYMENT OF PER DIEM CONTAINED IN PARAGRAPH M6001- 1C(3)(A) OF VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR) APPLIED TO HIS CASE SINCE CAPTAIN BURGER HAD BEEN ORDERED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 20 WEEKS. ACTION WAS THEN BEGUN TO RECOUP THE PER DIEM THAT HAD BEEN ERRONEOUSLY PAID.

CAPTAIN BURGER'S CLAIM FOR THE PER DIEM WAS FORWARDED TO YOUR DIVISION WHERE ON DECEMBER 15, 1978, YOU UPHELD THE RECOUPMENT ACTION OF THE AIR FORCE AND DISALLOWED THE CLAIM. ON APPEAL OF YOUR DETERMINATION TO THIS OFFICE, WE HELD IN B-194968-O.M., SEPTEMBER 12, 1979, THAT THE DISALLOWANCE OF CAPTAIN BURGER'S PER DIEM CLAIM WAS PROPER, BUT THAT UNDER 1 JTR A MEMBER ORDERED TO ACTIVE DUTY FOR TRAINING FOR MORE THAN 20 WEEKS IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS AND TRANSPORTATION OF DEPENDENTS NOTWITHSTANDING ANY RESTRICTIONS IN THE TRAVEL ORDERS. FURTHER HELD THAT SINCE CAPTAIN BURGER HAD APPARENTLY MOVED HIS DEPENDENTS AND HOUSEHOLD GOODS INCIDENT TO HIS TRAINING ORDERS, UPON HIS FURNISHING OF SUPPORTING EVIDENCE, HE SHOULD BE REIMBURSED FOR THE EXPENSES HE INCURRED FOR SUCH TRANSPORTATION, NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT. RELYING ON THAT DECISION, CAPTAIN BURGER HAS FILED THIS CLAIM. FOR THE REASONS THAT FOLLOW, WE FIND THAT HIS CLAIM SHOULD BE ALLOWED IN PART AND DISALLOWED IN PART.

CAPTAIN BURGER LISTS SIX SEPARATE ITEMS OF EXPENSE FOR WHICH HE CLAIMS REIMBURSEMENT. THESE INCLUDE EXPENSES FOR:

1. PURCHASE OF NECESSARY ITEMS, 2. LAUNDRY EXPENSE, 3. CLAIM FOR UNPAID UNEMPLOYMENT COMPENSATION, 4. MILEAGE FOR HIMSELF AND HIS DEPENDENTS, 5. STORAGE OF HOUSEHOLD BELONGINGS, AND 6. EXPENSE FOR TRANSPORTING PERSONAL BELONGINGS.

REGARDING ITEMS 1-3 THERE IS NO PROVISION IN THE JOINT TRAVEL REGULATIONS WHICH WOULD ALLOW PAYMENT BY THE GOVERNMENT FOR THESE COSTS AS REIMBURSABLE EXPENSES FOR TRAVEL OR TRANSPORTATION INCIDENT TO A CALL TO ACTIVE DUTY FOR TRAINING. THEREFORE THE CLAIM FOR THESE EXPENSES CANNOT BE ALLOWED.

CAPTAIN BURGER NEXT CLAIMS THE ALLOWANCE FOR MILEAGE, PROVIDED FOR IN 1 JTR, FOR TRANSPORTING HIMSELF AND HIS WIFE AND CHILD FROM COLUMBUS AFB, MISSISSIPPI, TO MCCLELLAN AFB, CALIFORNIA, AS WELL AS FOR THE RETURN TRIP FROM MCCLELLAN AFB TO HOMESTEAD AFB, FLORIDA.

UNDER 1 JTR PARAGRAPHS M4150 AND M7003 A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL PERFORMED BY THE MEMBER AND HIS DEPENDENTS AT PERSONAL EXPENSE. THE ALLOWANCE FOR DEPENDENTS, HOWEVER, AT THE TIME OF THE TRAVEL PERFORMED HERE, WAS LIMITED TO THOSE DEPENDENTS 5 YEARS OF AGE OR OLDER, WITH AN INCREASED ALLOWANCE FOR THOSE 12 YEARS OF AGE OR OLDER. 1 JTR PARAGRAPH M7003-2 (CHANGES 250 AND 254). SINCE THE RECORD DOES NOT SHOW THE AGE OF CAPTAIN BURGER'S CHILD DURING THE PERIOD IN QUESTION, WE CANNOT ALLOW HIS CLAIM FOR THE ALLOWANCE AS TO THIS DEPENDENT AT THIS TIME. REGARDING CAPTAIN BURGER AND HIS WIFE, HOWEVER, HE IS ENTITLED TO AN ALLOWANCE AT THE RATE OF 6 CENTS PER MILE EACH FOR HIMSELF, UNDER 1 JTR PARAGRAPH M4150 (CHANGE 243), AND HIS WIFE UNDER 1 JTR PARAGRAPH M7003 (CHANGE 250) MULTIPLIED BY THE OFFICIAL DISTANCE FROM COLUMBUS AFB TO MCCLELLAN AFB (2,263 MILES - AFM NO. 177-135, EFFECTIVE JUNE 1, 1972) OR $271.56. ADDITION, HE IS ENTITLED TO AN ALLOWANCE AT THE RATE OF 8 CENTS PER MILE FOR HIMSELF UNDER 1 JTR PARAGRAPH M4150 (CHANGE 255) AND 6 CENTS PER MILE FOR HIS WIFE, MULTIPLIED BY THE OFFICIAL DISTANCE FROM MCCLELLAN AFB TO HOMESTEAD AFB (3,085 MILES - AFM NO. 177-135, EFFECTIVE FEBRUARY 1, 1974) OR $431.90. THEREFORE, CAPTAIN BURGER'S MILEAGE CLAIM SHOULD BE ALLOWED IN THE AMOUNT OF $703.46. FROM THIS SHOULD BE DEDUCTED THE $368.40 REPRESENTING THE AMOUNT THAT HAS ALREADY BEEN PAID TO CAPTAIN BURGER, LEAVING THE DIFFERENCE OF $335.06. IN THE EVENT THAT CAPTAIN BURGER CAN PRODUCE EVIDENCE OF THE AGE OF HIS CHILD, DURING THE PERIOD IN QUESTION, WHICH WOULD SATISFY THE PROVISIONS OF 1 JTR PARAGRAPH M7003-2, HIS CLAIM FOR THE MILEAGE ALLOWANCE FOR THIS DEPENDENT SHOULD ALSO BE ALLOWED.

TURNING NEXT TO HIS CLAIM FOR STORAGE OF HOUSEHOLD BELONGINGS, CAPTAIN BURGER ESSENTIALLY ARGUES THAT UNDER VALID PERMANENT CHANGE-OF STATION ORDERS HE WOULD HAVE BEEN ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS TO HIS DUTY STATION IN CALIFORNIA AND RETURN, AT THE END OF HIS TOUR. WOULD HAVE BEEN ENTITLED TO TEMPORARY STORAGE THERE FOR 180 DAYS FROM THE DATE OF HIS RETURN. HE CONTENDS THAT SINCE THE ERRONEOUS TEMPORARY DUTY ORDERS RESTRICTED HIS ENTITLEMENT TO TEMPORARY STORAGE TO COINCIDE WITH THE PERIOD OF HIS TRAINING, HE WAS FORCED TO STORE SOME OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE FROM THE END OF HIS TOUR IN CALIFORNIA, MAY 29, 1974, UNTIL NOVEMBER 27, 1974. HE THEREFORE CLAIMS A STORAGE EXPENSE OF $40 PER MONTH FOR 6 MONTHS.

UNDER 1 JTR PARAGRAPH M8257 (CHANGE 215) A MEMBER WHO IS CALLED TO ACTIVE DUTY FOR TRAINING FOR 20 WEEKS OR MORE IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS TO THE PLACE WHERE THE COURSE IS CONDUCTED AND TO NONTEMPORARY STORAGE OF THE PORTION FOR WHICH SHIPMENT IS NOT REQUESTED. IN ADDITION, UNDER 1 JTR PARAGRAPH M8100-4 (CHANGE 209) A MEMBER WHO IS AUTHORIZED NONTEMPORARY STORAGE IS ALSO AUTHORIZED TEMPORARY STORAGE IN CONJUNCTION WITH THE SHIPMENT OF THE MEMBER'S HOUSEHOLD GOODS FROM THE PLACE OF NONTEMPORARY STORAGE TO ITS DESTINATION, FOLLOWING THE TERMINATION OF THE NONTEMPORARY STORAGE ENTITLEMENT. FINALLY, UNDER 1 JTR PARAGRAPH M8100-2 (CHANGE 209) A MEMBER ENTITLED TO TEMPORARY STORAGE MAY HAVE HIS HOUSEHOLD GOODS STORED AT GOVERNMENT EXPENSE FOR AN INITIAL PERIOD OF 90 DAYS, AND IF APPROVED BY THE TRANSPORTATION OFFICER OR OTHER DESIGNATED OFFICIAL FOR CERTAIN SPECIFIED REASONS, FOR AN ADDITIONAL 90 DAYS.

IT APPEARS THAT UNDER THESE REGULATIONS CAPTAIN BURGER WAS ENTITLED TO NONTEMPORARY STORAGE, FOR THE DURATION OF HIS ACTIVE DUTY FOR TRAINING, OF THOSE HOUSEHOLD GOODS THAT HE DID NOT TRANSPORT TO HIS DUTY STATION. ADDITION, HE WOULD HAVE BEEN ENTITLED TO TEMPORARY STORAGE OF THOSE HOUSEHOLD GOODS PLACED IN NONTEMPORARY STORAGE, FOR AT LEAST 90 DAYS, AND POSSIBLY 180 DAYS, AFTER THE COMPLETION OF HIS ACTIVE DUTY FOR TRAINING.

THE RECORD SHOWS THAT CAPTAIN BURGER WAS NOTIFIED BY THE TRAFFIC MANAGEMENT OFFICE, HOMESTEAD AFB, THAT HIS STORAGE ENTITLEMENT AT GOVERNMENT EXPENSE WOULD EXPIRE ON MAY 29, 1974, AND THAT ADDITIONAL STORAGE WOULD BE AT HIS OWN EXPENSE. THE RECORD ALSO INCLUDES A DOCUMENT INDICATING THAT 3,000 POUNDS OF HIS GOODS WHICH WERE IN STORAGE AT GOVERNMENT EXPENSE WERE DELIVERED TO HIM FROM STORAGE IN MAY 1974. HOWEVER, THE RECORD FAILS TO SUBSTANTIATE THAT THE GOODS WERE SUBSEQUENTLY PLACED IN STORAGE ELSEWHERE NOR DOES IT SUBSTANTIATE THE STORAGE EXPENSE CLAIMED. WE HAVE HELD THAT IN ORDER FOR A MEMBER TO BE REIMBURSED FOR STORAGE AT PERSONAL EXPENSE, WHERE HE WAS ENTITLED TO GOVERNMENT STORAGE, THE MEMBER MUST PRODUCE RECEIPTS SHOWING THE AMOUNT PAID. B-199950-O.M., JUNE 16, 1981. IN THIS CASE, CAPTAIN BURGER HAS NOT PRODUCED ANY RECEIPTS, BUT HAS MERELY INDICATED AN AMOUNT ALLEGEDLY PAID. IF HE CAN PRODUCE RECEIPTS FOR THE STORAGE EXPENSE HE HAS CLAIMED, HE SHOULD BE REIMBURSED FOR THE FIRST 90 DAYS EXPENSE, NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT. FURTHERMORE, IF CAPTAIN BURGER CAN SECURE THE AUTHORIZATION REQUIRED BY 1 JTR PARAGRAPH M8100 2B (CHANGE 209), HIS CLAIM FOR AN ADDITIONAL 90 DAYS STORAGE EXPENSE SHOULD LIKEWISE BE ALLOWED.

THE FINAL ITEM FOR WHICH CAPTAIN BURGER CLAIMS REIMBURSEMENT IS FOR THE EXPENSES HE ALLEGEDLY INCURRED IN TRANSPORTING A PORTION OF HIS HOUSEHOLD GOODS TO HIS DUTY STATION IN CALIFORNIA AND BACK TO HOMESTEAD AFB. ASSERTS THAT SOLELY IN ORDER TO EFFECT THE MOVE OF HIS HOUSEHOLD GOODS TO HIS DUTY STATION, HE BUILT A UTILITY TRAILER INTO WHICH HE PACKED SOME OF HIS FAMILY'S PERSONAL BELONGINGS. HE FURTHER ASSERTS THAT HE ATTACHED THIS TRAILER TO A CAMPER, INSIDE WHICH HE PACKED THE REST OF HIS HOUSEHOLD GOODS OTHER THAN THOSE PLACED IN STORAGE. CAPTAIN BURGER SEEKS REIMBURSEMENT OF THE EXPENSES HE ALLEGEDLY INCURRED IN BUILDING THE UTILITY TRAILER. HE ALSO SEEKS REIMBURSEMENT FOR DEPRECIATION AND ADDITIONAL OPERATING COSTS ON THE CAMPER, AND DEPRECIATION ON HIS PICKUP TRUCK.

UNDER 1 JTR PARAGRAPH M8500 A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS, NOT TO EXCEED THE COSTS WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER.

WE HAVE HELD THAT THE ABOVE REGULATION IS INTENDED TO PROVIDE REIMBURSEMENT ONLY FOR THE ACTUAL EXPENSES INCURRED BY THE MEMBER IN EFFECTING HIS MOVE, AND THEN ONLY WHEN THE MEMBER CAN PRODUCE RECEIPTS OR OTHER ACCEPTABLE EVIDENCE TO SUBSTANTIATE THE AMOUNTS CLAIMED. B-173462, OCTOBER 12, 1971. IN THAT CASE WE ALSO SAID THAT THE REGULATIONS MAKE NO PROVISION FOR PAYMENT TO A MEMBER FOR HIS OWN SERVICES OR FOR THE USE OF HIS OWN TRAILER OR OTHER EQUIPMENT, REGARDLESS OF WHAT IT MIGHT HAVE COST TO COMMERCIALLY PROCURE SUCH SERVICES OR EQUIPMENT.

TO THE EXTENT, THEREFORE, THAT CAPTAIN BURGER ASSERTS A CLAIM FOR CONSTRUCTION OF A TRAILER AND DEPRECIATION ON HIS VEHICLES, THAT CLAIM SHOULD NOT BE ALLOWED. IF, HOWEVER, HE CAN PROVIDE RECEIPTS, OR IF RECEIPTS ARE UNAVAILABLE, A STATEMENT, COVERING ANY REASONABLE EXPENDITURES HE MADE FOR GASOLINE AND OIL IN EXCESS OF THAT COVERING HIS AND HIS DEPENDENTS' TRAVEL PROVIDED FOR IN HIS MILEAGE CLAIM, HE SHOULD BE REIMBURSED FOR SUCH EXPENSES.