B-126213, FEB. 23, 1956

B-126213, FEB. 23, 1956

TO MR. WILLIAM SCHENSTROM, JR.:

YOUR LETTER OF OCTOBER 24, 1955, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON THE VOUCHER ISSUED IN SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES FOR YOUR TRANSPORTATION FROM TORREMELINOS, SPAIN, TO NEW YORK, NEW YORK, DURING THE PERIOD OCTOBER 7, 1952, THROUGH OCTOBER 15, 1952.

YOU WERE ALLOWED MILEAGE IN THE SUM OF $3.65 FOR TRAVEL FROM TORREMELINOS, SPAIN, TO GIBRALTAR. YOUR CLAIM FOR WATER TRANSPORTATION FROM GIBRALTAR TO NEW YORK WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM EITHER GIBRALTAR OR CASABLANCA TO NEW YORK DURING THE PERIOD OF YOUR TRAVEL.

BY LETTER ORDER NO. 6-77 CC DATED JUNE 25, 1952, YOU WERE DIRECTED TO REPORT TO THE ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, NOT LATER THAN OCTOBER 15, 1952. THE RECORD SHOWS THAT ON OCTOBER 9, 1952, YOU SAILED FROM GIBRALTAR FOR NEW YORK, ON A COMMERCIAL VESSEL AND THAT YOU DEBARKED AT NEW YORK ON OCTOBER 15, 1952. YOU CLAIM REFUND OF $425, THE COMMERCIAL COST OF THE WATER TRANSPORTATION INVOLVED.

THE TRANSPORTATION OF MILITARY PERSONNEL IS GOVERNED BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AND BY REGULATIONS PROMULGATED PURSUANT THERETO. ARMY REGULATION 55-117, DATED JANUARY 23, 1951, SETS OUT THE POLICY GOVERNING PASSENGER TRAVEL TO, FROM, AND BETWEEN AREAS BEYOND CONTINENTAL UNITED STATES AND PROVIDES AS FOLLOWS:

"1. GENERAL.--- A. THE POLICIES CONTAINED HEREIN GOVERN THE TRANSPORTATION OF ALL PERSONS OF THE DEPARTMENT OF DEFENSE (MILITARY, CIVILIAN EMPLOYEES, AND DEPENDENTS OF BOTH) TRAVELING AT GOVERNMENT EXPENSE TO, FROM, AND BETWEEN AREAS BEYOND THE CONTINENTAL UNITED STATES.

"C. IT IS INTENDED THAT GOVERNMENT TRANSPORTATION BE UTILIZED WHEN IT IS AVAILABLE AND MEETS THE REQUIREMENTS OF THE SERVICES.

"2C. WHEN MSTS IS THE ONLY GOVERNMENT TRANSPORTATION AVAILABLE * * * ALL PERSONNEL WILL BE REQUIRED TO UTILIZE MSTS FACILITIES.'

A REPORT FURNISHED BY THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, STATES THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM GIBRALTAR TO NEW YORK ON JULY 12 AND AUGUST 4, 1952, AND FROM CASABLANCA TO NEW YORK ON SEPTEMBER 9 AND OCTOBER 2, 1952. IT ALSO STATES THAT GOVERNMENT TRANSPORTATION WOULD HAVE BEEN PROVIDED HAD YOU MADE THE NECESSARY APPLICATION FOR SUCH TRANSPORTATION WHEN YOU RECEIVED YOUR ORDERS.

ACCORDINGLY, SINCE IT IS CLEAR FROM THE RECORD THAT YOU FAILED TO UTILIZE AVAILABLE GOVERNMENT TRANSPORTATION THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU FOR THE COST OF TRANSPORTATION PERFORMED BY COMMERCIAL VESSEL AT PERSONAL EXPENSE. THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.