B-139563, AUG. 21, 1959

B-139563, AUG. 21, 1959

TO REAR ADMIRAL ROWLAND H. GROFF, USN, RETIRED:

REFERENCE IS MADE TO YOUR CLAIMS FOR ADDITIONAL AMOUNTS BELIEVED DUE FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE INCIDENT TO YOUR RETIREMENT AND RELEASE FROM ACTIVE DUTY AT PEARL HARBOR, HAWAII, AND YOUR SELECTION OF ANNAPOLIS, MARYLAND, AS YOUR HOME UPON RETIREMENT. BY ORDERS DATED FEBRUARY 5, 1957, YOU WERE RELIEVED FROM ACTIVE DUTY AS COMMANDING OFFICER, NAVAL STATION, PEARL HARBOR, HAWAII, AND FROM ALL ACTIVE DUTY EFFECTIVE JUNE 30, 1957, TRANSFERRED TO THE RETIRED LIST ON THE SAME DATE, AND DIRECTED TO PROCEED TO A HOME OF YOUR SELECTION. YOUR RELEASE WAS EFFECTED AT PEARL HARBOR AT YOUR REQUEST.

YOU AND YOUR WIFE TRAVELED FROM HONOLULU TO ANNAPOLIS BY A CIRCUITOUS ROUTE VIA TOKYO, JAPAN, BREMERHAVEN, GERMANY, AND NEW YORK, NEW YORK,DURING THE PERIOD JULY 7, 1957, TO JUNE 9, 1958.

YOU WERE REIMBURSED $183.78 FOR YOUR WIFE'S TRAVEL REPRESENTING CONSTRUCTIVE MILEAGE FROM SAN FRANCISCO, CALIFORNIA, TO ANNAPOLIS, MARYLAND. YOUR CLAIM FOR AN ADDITIONAL AMOUNT IS FOR THE COST OF CONSTRUCTIVE TRAVEL BY COMMERCIAL AIR FROM HONOLULU TO SAN FRANCISCO. IS BASED ON THE PREMISE THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE WHEN YOU AND YOUR WIFE REPORTED TO THE COMMANDANT, 14TH NAVAL DISTRICT, ON JULY 1, 1957. FOR YOUR OWN TRAVEL YOU WERE REIMBURSED $205.41 ON A CONSTRUCTIVE BASIS. THE AMOUNT PAID REPRESENTS COMMERCIAL AIR FROM HONOLULU TO SAN FRANCISCO ($168), PER DIEM ($9), MILEAGE FROM SAN FRANCISCO TO ANNAPOLIS ($183.78), LESS $155.37 FOR TRANSPORTATION FURNISHED BY MILITARY SEA TRANSPORT SERVICE FROM BREMERHAVEN TO NEW YORK. YOUR CLAIM IS FOR THE LATTER AMOUNT, IT BEING YOUR CONTENTION THAT YOU WERE FURNISHED THE TRANSPORTATION ON A SPACE AVAILABLE BASIS AT NO COST TO THE GOVERNMENT.

ON THE BASIS OF ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY AT PEARL HARBOR, HAWAII, AND YOUR SELECTION OF ANNAPOLIS, MARYLAND, AS YOUR HOME UPON RETIREMENT, YOU BECAME ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL BETWEEN THOSE POINTS BY THE DIRECT USUALLY TRAVELED ROUTE. PARAGRAPH 4159 -2 OF THE JOINT TRAVEL REGULATIONS GOVERNING TRAVEL OF MEMBERS OF THE UNIFORMED SERVICE FROM POINTS OUTSIDE THE UNITED STATES REQUIRES THE USE OF GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE. PARAGRAPH 7002-1B OF THE SAME REGULATIONS REQUIRES THE USE OF GOVERNMENT AIRCRAFT OR VESSELS FOR TRANSOCEANIC TRAVEL OF DEPENDENTS, IF AVAILABLE. THE RECORD SHOWS THAT THE MILITARY AIR TRANSPORT SERVICE OPERATED DAILY FLIGHTS FROM OAHU TO THE SAN FRANCISCO AREA EFFECTIVE JULY 1, 1957, AND THAT THE MILITARY SEA TRANSPORT SERVICE HAD SAILINGS SCHEDULED FROM HONOLULU TO SAN FRANCISCO ON JULY 11 AND 17, 1957. SINCE THE ORDERS AFFECTING YOUR RELEASE FROM ACTIVE DUTY ON JUNE 30, 1957, WERE RECEIVED BY YOU ON FEBRUARY 18, 1957, IT MUST BE CONCLUDED THAT HAD YOU DESIRED GOVERNMENT TRANSPORTATION FOR TRAVEL BY YOURSELF AND YOUR WIFE FROM HAWAII TO THE UNITED STATES IT WOULD HAVE BEEN FURNISHED PROMPTLY UPON YOUR RELEASE FROM ACTIVE DUTY HAD YOU MADE TIMELY APPLICATION THEREFOR. IN THE CIRCUMSTANCES YOU WERE NOT ENTITLED TO THE PAYMENT OF $168 FOR YOUR CONSTRUCTIVE TRAVEL BY COMMERCIAL AIR, AND YOUR CLAIM FOR A LIKE AMOUNT FOR YOUR WIFE IS HEREBY DISALLOWED.

ARTICLE C-5307 (2), BUREAU OF NAVAL PERSONNEL MANUAL, PROVIDES THAT NAVAL PERSONNEL RETURNING FROM THE ORIENT WHO HAVE BEEN GRANTED PERMISSION TO RETURN BY WAY OF EUROPE ARE TO BE REIMBURSED ONLY ON THE BASIS OF EXPENSE ACTUALLY INCURRED NOT TO EXCEED THE THEORETICAL COST OF TRAVEL ACROSS THE PACIFIC VIA THE CARRIER ON WHICH THE INDIVIDUAL WOULD HAVE RETURNED HAD HE NOT PROCEEDED VIA EUROPE, PLUS MILEAGE FROM THE ASSUMED PORT OF ARRIVAL TO THE STATION IN THE UNITED STATES. SINCE IT APPEARS THAT THE EXPENSE OF YOUR CIRCUITOUS TRAVEL EXCEEDED THE COST OF CONSTRUCTIVE TRAVEL BY THE DIRECT USUALLY TRAVELED ROUTE YOU WERE ENTITLED TO REIMBURSEMENT BASED ON THE COST OF TRAVEL BY THE DIRECT ROUTE.

SINCE TRANSPORTATION WAS AVAILABLE FOR TRAVEL FROM HONOLULU TO SAN FRANCISCO YOU WERE ENTITLED ONLY TO $9 FOR PER DIEM FOR CONSTRUCTIVE OCEAN TRAVEL AND TO $183.78 FOR MILEAGE, OR A TOTAL OF $192.78, AND SINCE YOU WERE PAID $205.41, YOU WERE OVERPAID $12.63. YOUR REMITTANCE IN THAT AMOUNT SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND SHOULD BE ADDRESSED TO THE U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON 13, D.C. ..END :