B-137566, DEC 11, 1958

B-137566, DEC 11, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER ELROY L. MIEWEG, USNR-R:

YOUR LETTER OF AUGUST 20, 1958, REQUESTS REVIEW OF THAT PART OF SETTLEMENT OF JULY 31, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF YOUR TRAVEL FROM WASHINGTON, D. C., TO NEWPORT, RHODE ISLAND, AND RETURN, INCIDENT TO ORDERS OF MAY 19, 1958.

THE ORDERS OF MAY 19 DIRECTED YOU TO REPORT ON JUNE 1, 1958, TO THE COMMANDING OFFICER, UNITED STATES NAVAL STATION, NEWPORT, RHODE ISLAND, FOR FURTHER ASSIGNMENT AFLOAT, THE DUTY INVOLVED BEING 14 DAYS ACTIVE DUTY FOR TRAINING WITHOUT PAY. YOU WERE ISSUED A TRANSPORATION REQUEST TO ENABLE YOU TO TRAVEL BY AIR FROM WASHINGTON, D. C., TO PROVIDENCE, RHODE ISLAND, AND RETURN. YOU RETURNED THIS REQUEST FOR CANCELLATION BECAUSE YOU WISHED TO TRAVEL TO RHODE ISLAND VIA NEW YORK, NEW YORK, WHERE YOU PLANNED TO VISIT RELATIVES. YOU NOW CLAIM REIMBURSEMENT FOR THE ROUND TRIP RAIL COACH FARE FROM WASHINGTON TO NEW YORK, AND FROM NEW YORK TO PROVIDENCE AND THE ROUND TRIP BUS FARE FROM PROVIDENCE TO NEWPORT.

SECTION 501(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 826, 37 U.S.C. 301(B), AUTHORIZES THE PROMULGATION OF REGULATIONS GOVERNING THE FURNISHING OF TRANSPORTATION AND SUBSISTENCE IN CONNECTION WITH TRAVEL TO AND FROM TRAINING DUTY WITHOUT PAY. THE APPLICABLE REGULATIONS ISSUED UNDER SUCH STATUTORY AUTHORITY ARE CONTAINED IN PARAGRAPH 6003-2 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES AS FOLLOWS:

"2. TRANSPORTATION. TRANSPORTATION IN KIND (GOVERNMENT TRANSPORTATION REQUEST, GOVERNMENT CONVEYANCE, OR TRANSPORTATION PROCURED BY THE GOVERNMENT) OR, IN THE EVENT SUCH TRANSPORTATION IS NOT PROVIDED THE MEMBER THROUGH NO FAULT OF HIS OWN, THE MEMBER IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION EXPENSES ACTUALLY INCURRED, SUPPORTED BY RECEIPTS WHEN PRACTICABLE, NOT TO EXCEED THE COST TO THE GOVERNMENT HAD TRANSPORTATION BEEN FURNISHED."

A RIGHT TO REIMBURSEMENT OF TRAVEL EXPENSES CAN ACCRUE UNDER SUCH REGULATIONS ONLY IN THE EVENT THAT THE MEMBER CONCERNED PERFORMED TRAVEL AT PERSONAL EXPENSE BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH THE REQUIRED TRANSPORTATION AT GOVERNMENT EXPENSE. NOTHING IN THE AVAILABLE RECORD IN YOUR CASE INDICATES THAT YOU FOUND IT NECESSARY TO PERFORM THE TRAVEL FROM WASHINGTON, D. C., TO PROVIDENCE, RHODE ISLAND, AND RETURN, AT YOUR OWN EXPENSE BECAUSE OF THE DENIAL OR FAILURE OF RESPONSIBLE OFFICERS TO FURNISH YOU THE REQUIRED TRANSPORTATION. ON THE CONTRARY, THE RECORD SHOWS THAT A TRANSPORTATION REQUEST WAS FURNISHED FOR ROUND TRIP TRAVEL FROM WASHINGTON, D. C., TO PROVIDENCE, RHODE ISLAND, AND THAT YOU RETURNED SUCH TRANSPORTATION REQUEST BECAUSE YOU PREFERRED TO TRAVEL VIA NEW YORK FOR PERSONAL REASONS. THE GOVERNMENT'S ONLY OBLIGATION UNDER THE REGULATIONS WAS THE FURNISHING OF TRANSPORTATION IN KIND AND SINCE YOU DID NOT USE THE TENDERED TRANSPORTATION FROM WASHINGTON TO PROVIDENCE AND RETURN, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM FOR THE ROUND TRIP TRAVEL FROM WASHINGTON TO PROVIDENCE. HOWEVER, SINCE YOU WERE NOT FURNISHED A TRANSPORTATION REQUEST FOR TRAVEL FROM PROVIDENCE TO NEWPORT, AND RETURN, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF THAT TRAVEL.

ACCORDINGLY, THAT PART OF YOUR CLAIM WHICH COVERS REIMBURSEMENT FOR THE COST OF YOUR TRAVEL FROM PROVIDENCE TO NEWPORT AND RETURN WILL BE ALLOWED, AND SETTLEMENT WILL ISSUE IN DUE COURSE FOR THE CORRECT AMOUNT FOUND TO BE DUE.

YOUR ORIGINAL ORDERS OF MAY 19, 1958, ARE RETURNED.