B-137441, JULY 18, 1960, 40 COMP. GEN. 13

B-137441, JULY 18, 1960, 40 COMP. GEN. 13

MILITARY PERSONNEL - TRAVEL - PERMANENT CHANGE OF STATION - TRAVEL TIME COMPUTATIONS - MIXED MODES OF TRAVEL IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES WHO PERFORM TRAVEL ON PERMANENT CHANGE OF STATION BY USE OF A COMBINATION OF MODES--- PRIVATELY OWNED AUTOMOBILE AND COMMERCIAL CARRIER--- COMPUTATION OF TRAVEL TIME IS AUTHORIZED IN ACCORDANCE WITH LONG-ESTABLISHED ADMINISTRATIVE PRACTICES OF THE ARMED SERVICES WHICH HAVE PERMITTED TRAVEL ENTIRELY OR IN PART BY PRIVATELY OWNED VEHICLE ON PERMANENT CHANGE OF STATION WITH ALLOWANCE OF ADDITION ADMINISTRATIVE TRAVEL TIME, WITHOUT CHARGE TO LEAVE, ON THE BASIS THAT THE GOVERNMENT'S INTEREST, IN A BROAD SENSE, IS SERVED BY SUCH AUTHORIZATION, IN THAT SUCH INTEREST EXTENDS TO PROVIDING SOME TIME FOR THE MEMBERS TO ESCORT THEIR DEPENDENTS TO PLACES OF RESIDENCE, OR TO PROCEED TO SUCH PLACES TO JOIN THEM, AND OTHERWISE TO TAKE CARE OF THEIR TRAVEL NEEDS ARISING ON PERMANENT CHANGE OF STATION. 38 COMP. GEN. 513, MODIFIED.

TO THE SECRETARY OF DEFENSE, JULY 18, 1960:

REFERENCE IS MADE TO LETTER DATED APRIL 4, 1960, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) CONCERNING THE RULES AND PROCEDURES PROPOSED IN DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE ACTION NO. 206 FOR COMPUTING AUTHORIZED TRAVEL TIME FOR MEMBERS OF THE ARMED SERVICES INCIDENT TO PERMANENT CHANGE OF STATION TRAVEL, AND OUR DISCUSSION WITH RESPECT THERETO IN DECISION OF JANUARY 29, 1959, 38 COMP. GEN. 513.

THE VIEWS EXPRESSED BY US IN THE DECISION OF JANUARY 29, 1959, WERE PREMISED ON A CONCEPT THAT TRAVEL TIME ON PERMANENT CHANGE OF STATION SHOULD BE DIRECTLY RELATED TO THE PERIOD REQUIRED TO ACCOMPLISH THE TRAVEL MADE NECESSARY BY THE STATION CHANGE, IN A MANNER AND BY A MEANS INVOLVING THE GOVERNMENT'S INTEREST, AND THAT ANY ADDITIONAL TIME TAKEN FOR THE TRAVEL BECAUSE OF PERSONAL REASONS SHOULD NOT BE INCLUDED IN THE AUTHORIZED TRAVEL TIME. ON THE BASIS THAT THE GOVERNMENT'S INTEREST ORDINARILY IS BEST SERVED BY MEANS OF TRANSPORTATION MORE EXPEDITIOUS THAN BY PRIVATELY OWNED CONVEYANCE, WE SAID IT WAS OUR OPINION THAT IN THE ABSENCE OF AFFIRMATIVE EVIDENCE THAT TRAVEL ON PERMANENT CHANGE OF STATION BY THE USE OF A COMBINATION OF PRIVATE CAR AND COMMERCIAL CARRIER WAS PERFORMED ONLY FOR THE PURPOSE OF ACCOMPLISHING THE TRAVEL REQUIRED BY THE ORDERS AND NOT FOR PERSONAL REASONS, AUTHORIZED TRAVEL TIME SHOULD BE COMPUTED ON THE BASIS OF TRAVEL BY COMMERCIAL CARRIER OVER THE DIRECT ROUTE RATHER THAN ON THE BASIS SET FORTH IN THE PROPOSED RULES.

IN THE ASSISTANT SECRETARY'S LETTER IT IS STATED THAT LONG ESTABLISHED ADMINISTRATIVE PRACTICES OF THE ARMED SERVICES HAVE PERMITTED TRAVEL ENTIRELY OR IN PART BY PRIVATELY OWNED VEHICLE INCIDENT TO PERMANENT CHANGE OF STATION WITH THE ALLOWANCE OF ADDITIONAL ADMINISTRATIVE TRAVEL TIME, WITHOUT CHARGE TO LEAVE, FOR THAT PART OF THE TRAVEL PERFORMED BY THE SLOWER MODE OF PRIVATE CAR. ON THE BASIS THAT THE GOVERNMENT'S INTEREST, IN A BROAD SENSE, IS IN FACT SERVED BY THE GRANTING OF THE AUTHORITY PROPOSED IN THE RULES, IN THAT SUCH INTEREST EXTENDS TO PROVIDING SOME TIME FOR THE MEMBERS TO ESCORT THEIR DEPENDENTS TO PLACES OF RESIDENCE, OR TO PROCEED TO SUCH PLACES TO JOIN THEM, AND OTHERWISE TO TAKE CARE OF THEIR TRAVEL NEEDS ARISING BECAUSE OF THE REQUIREMENT THAT THEY MAKE A PERMANENT CHANGE OF STATION, IT IS SUGGESTED THAT OUR DOUBT IN THE MATTER SHOULD BE RESOLVED IN FAVOR OF SUCH LONG-ESTABLISHED PRACTICE.

IN VIEW OF THE REPRESENTATIONS MADE IN THE ASSISTANT SECRETARY'S LETTER, WE WILL NOT OPPOSE THE IMPLEMENTATION OF THE RULES SET FORTH IN COMMITTEE ACTION NO. 206, AND B-137441 OF JANUARY 29, 1959, 38 COMP. GEN. 513, IS MODIFIED ACCORDINGLY.