B-135013, MAR. 7, 1958

B-135013, MAR. 7, 1958

TO MR. DOUGLAS C. ABEL:

REFERENCE IS MADE TO LETTER DATED JANUARY 7, 1958, FROM W. E. COOMBS, ATTORNEY AT LAW, WRITTEN IN YOUR BEHALF, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE GOVERNMENT IN THE SUM OF $100.62. THE INDEBTEDNESS REPRESENTS THE EXCESS MILEAGE PAYMENT YOU RECEIVED FOR LAND TRAVEL FROM NEW YORK, NEW YORK, TO FAIRCHILD AIR FORCE BASE, WASHINGTON. THE FACTS OF THIS CASE WERE STATED IN OUR LETTER TO YOU DATED DECEMBER 17, 1957, AND NEED NOT BE REPEATED HERE.

THE LETTER REQUESTS A CITATION TO THE STATUTE OR REGULATION WHICH SUPPORTS THE GOVERNMENT'S CLAIM AND OUR INTERPRETATION OF THE LANGUAGE APPEARING IN PARAGRAPH 6 OF YOUR ORDERS THAT "TPA WITHIN ZI. 5753500 C48- 132 P 531.9-02, 03/07 S99-999.' THIS PROVISION IS INTERPRETED AS FOLLOWS: TRAVEL BY PRIVATELY OWNED CONVEYANCE IS AUTHORIZED WITHIN THE UNITED STATES. THE NUMERALS INCLUDED IN THE PARAGRAPH REFER TO THE APPROPRIATION AND FUNDS CHARGEABLE WITH THE EXPENSES OF THE TRAVEL.

APPLICABLE PROVISIONS OF LAW CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDE THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. PARAGRAPH 4159-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT ACT, PROVIDES AS FOLLOWS:

"1. GENERAL. EXCEPT AS SPECIFICALLY PROVIDED IN SUBPARS. 2 AND 3, A MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TO, FROM, OR BETWEEN POINTS OUTSIDE THE UNITED STATES, WHICH ORDERS DO NOT SPECIFY GROUP TRAVEL OR DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION WILL BE ENTITLED TO:

"3. THE ALLOWANCES PRESCRIBED IN PAR. 4150 OR 4154, AS APPLICABLE, FOR THE OFFICIAL DISTANCE FROM THE APPROPRIATE AERIAL OR WATER PORT OF DEBARKATION SERVING THE NEW STATION AND THE NEW PERMANENT STATION.'

WHILE THE FOREGOING REGULATIONS WERE NOT IN EFFECT DURING THE PERIOD INVOLVED, THEY EMBODY THE WELL-ESTABLISHED PRINCIPLE FOLLOWED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT FOR MANY YEARS THAT REIMBURSEMENT OF EXPENSES OF TRAVEL IS BASED UPON TRAVEL OVER THE USUALLY TRAVELED ROUTE AND, IF TRAVEL IS PERFORMED OVER ANOTHER ROUTE, REIMBURSEMENT OF THE EXPENSES INCURRED IS LIMITED TO THAT WHICH WOULD HAVE BEEN PAYABLE IF TRAVEL HAD BEEN PERFORMED VIA THE USUAL ROUTE OF TRAVEL. SEE 9 COMP. GEN. 210. REGULATIONS IN EFFECT IN 1955 DID NOT AUTHORIZE REIMBURSEMENT FOR TRAVEL BY ANY OTHER ROUTE. THE USUAL ROUTE OF TRAVEL FROM JAPAN TO THE UNITED STATES IS VIA THE PACIFIC OCEAN AND IT APPEARS THAT TRAVIS AIR FORCE BASE, CALIFORNIA, IS THE ONLY AERIAL PORT OF DEBARKATION IN THE UNITED STATES SERVING TRAVEL FROM JAPAN BY GOVERNMENT AIRCRAFT.

WHILE YOUR ORDERS AUTHORIZED YOU TO TRAVEL VIA VARIOUS COUNTRIES IN ASIA AND EUROPE AND HENCE LISTED MCGUIRE AIR FORCE BASE, NEW JERSEY, AS THE AERIAL PORT OF ENTRY IN THE UNITED STATES, THOSE ORDER PERMITTED SUCH CIRCUITOUS TRAVEL FOR YOUR OWN CONVENIENCE AND PLEASURE AND COULD NOT INCREASE YOUR RIGHTS TO TRAVEL AND TRANSPORTATION ALLOWANCES. TRAVEL BY GOVERNMENT AIRCRAFT WAS CONTEMPLATED AND IT APPEARS CLEAR THAT IF YOU HAD NOT REQUESTED PERMISSION TO TRAVEL TO SCOTLAND FOR LEAVE PURPOSES, YOU WOULD HAVE BEEN FURNISHED TRANSPORTATION TO THE AERIAL PORT OF DEBARKATION AT TRAVIS AIR FORCE BASE, AND YOU WERE ENTITLED TO MILEAGE ONLY FOR THE DISTANCE FROM THAT PLACE TO YOUR NEW DUTY STATION, FAIRCHILD AIR FORCE BASE. NO OTHER TRAVEL WAS REQUIRED TO ACCOMPLISH THE PERMANENT CHANGE OF STATION DIRECTED IN YOUR ORDERS.

ACCORDINGLY, WE HAVE NO RECOURSE OTHER THAN TO INSIST THAT YOU REFUND TO THE UNITED STATES THE SUM OF $100.62 ILLEGALLY PAID TO YOU AS MILEAGE FOR DISTANCE IN EXCESS OF THE OFFICIAL DISTANCE BETWEEN TRAVIS AIR FORCE BASE AND FAIRCHILD AIR FORCE BASE. YOU ARE AGAIN REQUESTED TO SEND A CHECK OR MONEY ORDER FOR THAT AMOUNT PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON 13, D.C. ..END :