B-140560, MARCH 8, 1961, 40 COMP. GEN. 497

B-140560, MARCH 8, 1961, 40 COMP. GEN. 497

MILITARY PERSONNEL - TRANSPORTATION - ENGLISH CHANNEL TRAVEL - FERRY FARES IN ADDITION TO MILEAGE TRAVEL ON FERRIES ACROSS THE ENGLISH CHANNEL BY MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS UNDER ORDERS WHICH AUTHORIZE TRAVEL ON A MILEAGE BASIS MAY BE REGARDED AS TRANSOCEANIC TRAVEL FOR REIMBURSEMENT TO THE MEMBERS FOR THE COST OF FERRY FARES, IN ADDITION TO THE PAYMENT OF MILEAGE, IN VIEW OF THE BROAD AUTHORITY OF THE SECRETARIES TO PRESCRIBE TRANSPORTATION ALLOWANCES AND THE PROVISION IN THE REGULATIONS FOR PAYMENT OF TRANSOCEANIC TRAVEL IN ADDITION TO MILEAGE, PROVIDED THAT WHEN FOREIGN VESSELS OR AIRCRAFT ARE USED THE CLAIMS FOR REIMBURSEMENT ARE SUPPORTED BY EVIDENCE OF THE ADMINISTRATIVE DETERMINATION REQUIRED UNDER PARAGRAPH 2150 OF THE JOINT TRAVEL REGULATIONS. B-140550, OCTOBER 12, 1959, MODIFIED. TRANSPORTATION CHARGES FOR THE TRANSPORTATION OF PRIVATELY OWNED AUTOMOBILES OF MEMBERS OF THE UNIFORMED SERVICES ON FOREIGN VESSELS OR AIRCRAFT ACROSS THE ENGLISH CHANNEL ARE REQUIRED TO BE EXCLUDED FROM THE CLAIMS FOR REIMBURSEMENT FOR THE FERRY FARE FOR THE MEMBER AND HIS DEPENDENT IN VIEW OF THE REQUIREMENT IN 10 U.S.C. 4748, 6157, 9748, AND 46 U.S.C. 1241 (C) THAT ONLY GOVERNMENT OWNED OR PRIVATELY OWNED AMERICAN SHIPPING MAY BE AUTHORIZED FOR THE TRANSPORTATION OF PRIVATELY OWNED AUTOMOBILES.

TO THE SECRETARY OF THE AIR FORCE, MARCH 8, 1961:

REFERENCE IS MADE TO LETTER OF OCTOBER 31, 1960, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 12, 1959, B-140560, IN WHICH WE SUSTAINED THE DISALLOWANCE OF THE CLAIM OF LIEUTENANT COLONEL GEORGE W. MCRORY, JR., USAF, FOR REIMBURSEMENT OF DEPENDENTS' TRANSPORTATION ACROSS THE ENGLISH CHANNEL INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF AUGUST 29, 1958. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-38.

COLONEL MCRORY, CLAIMED REIMBURSEMENT OF FOUR CHANNEL FERRY FARES IN THE AMOUNT OF $24.40 FOR HIS DEPENDENTS' TRAVEL ACROSS THE ENGLISH CHANNEL. IN LINE WITH PRIOR DECISIONS, WE HELD THAT UNDER STATUTES AUTHORIZING REIMBURSEMENT FOR OFFICIAL TRAVEL ON A MILEAGE BASIS SUCH MILEAGE ALLOWANCE CONSTITUTES A COMMUTATION OF ALL TRANSPORTATION EXPENSES, INCLUDING FERRY FARES AND BRIDGE, ROAD AND TUNNEL TOLLS, IN THE ABSENCE OF AN EXPRESS PROVISION TO THE CONTRARY. IN OUR DECISION OF AUGUST 19, 1959, 39 COMP. GEN. 116, WE CONCLUDED THAT FARES CHARGED FOR TRANSPORTING EMPLOYEES AND THEIR AUTOMOBILES BETWEEN ENGLISH AND FRENCH CHANNEL PORTS MAY BE VIEWED AS "FERRY FARES" WITHIN THE MEANING OF THAT TERM AS USED IN THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 837, RELATING TO CIVILIAN EMPLOYEES, AND, THEREFORE, THAT SUCH FARES WERE REIMBURSABLE AS FERRY FARES IN CASES OF CIVILIAN EMPLOYEES TRAVELING ON A MILEAGE BASIS. THE CONCLUSION REACHED IN THAT DECISION THAT THE FARE CHARGED FOR CROSSING THE ENGLISH CHANNEL WAS REIMBURSABLE AS A "FERRY FARE" UNDER THE CIVILIAN TRAVEL STATUTE WAS APPLIED IN COLONEL MCRORY'S CASE, AND SINCE THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, MAKES NO PROVISION FOR ALLOWING FERRY FARES IN ADDITION TO MILEAGE, WE HELD THAT REIMBURSEMENT FOR THE CHANNEL CROSSING FARES WAS NOT AUTHORIZED BUT THAT MILEAGE WAS PAYABLE FOR THE DISTANCE TRAVELED BETWEEN THE CHANNEL PORTS.

IN THE LETTER OF OCTOBER 31, 1960, THE ASSISTANT SECRETARY REQUESTED RECONSIDERATION OF THE CONCLUSION REACHED IN OUR DECISION, PARTICULARLY SINCE PARAGRAPH 1150-14, JOINT TRAVEL REGULATIONS, DEFINES THE TERM "TRANSOCEANIC TRAVEL" AS ALL TRAVEL PERFORMED BY SEA OR AIR WHICH, IF PERFORMED BY SURFACE TRANSPORTATION, WOULD REQUIRE THE USE OF OCEAN GOING VESSELS, AND PARAGRAPHS 4159-1 AND 7002-2B PROVIDE FOR REIMBURSEMENT FOR TRANSOCEANIC TRAVEL, IF GOVERNMENT OR GOVERNMENT PROCURED TRANSPORTATION IS NOT AVAILABLE. HE EXPRESSES THE BELIEF THAT THE DECISION REPORTED IN 39 COMP. GEN. 116 SHOULD NOT AFFECT REIMBURSEMENT PRESCRIBED IN THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), WHICH HE SAYS INTEND REIMBURSEMENT FOR TRAVEL ACROSS THE CHANNEL ON A COST REIMBURSEMENT BASIS RATHER THAN A MILEAGE BASIS. REFERENCE WAS ALSO MADE TO MEMORANDUM OF AUGUST 1, 1960, BY THE DEPARTMENT OF DEFENSE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE WHICH STATED THAT IT HAD BEEN THE INTENT OF THE SERVICES TO PROVIDE FOR A COST REIMBURSEMENT BASIS IN THE PROMULGATION OF THESE REGULATIONS. FINALLY, IT WAS POINTED OUT THAT IN OUR DECISION OF APRIL 18, 1955, 34 COMP. GEN. 530, IT WAS INDICATED THAT HAD THE CLAIMANT CONCERNED BEEN ABLE TO SHOW EVIDENCE OF COST OF PERSONAL PASSAGE, SUCH COST WOULD HAVE BEEN ALLOWED.

THE ABOVE-MENTIONED MEMORANDUM STATED THAT "TRANSOCEANIC TRAVEL" HAD BEEN DEFINED IN PARAGRAPH 1150-14, JOINT TRAVEL REGULATIONS, PRIOR TO MAY 1, 1958, TO INCLUDE TRAVEL INVOLVING THE USE OF LONG-DISTANCE FERRIES SUCH AS THOSE PLYING THE STRAITS OF DOVER AND GIBRALTAR BUT DID NOT INCLUDE SIMILAR TRAVEL WHERE THE TERMINAL POINTS WERE ON THE SAME CONTINENT OR ISLAND. IT IS FURTHER STATED THAT, SINCE THE PAYMENT OF MILEAGE FOR THE USE OF LONG-DISTANCE FERRIES RESULTED IN INSUFFICIENT REIMBURSEMENT, THE DEFINITION WAS AMENDED BY CHANGE 69, EFFECTIVE MAY 1, 1958, TO INCLUDE ALL SUCH TRAVEL WITHIN THE TERM "TRANSOCEANIC TRAVEL" THEREBY PERMITTING REIMBURSEMENT FOR THE COST OF PERSONAL PASSAGE ABOARD VESSELS OVER SUCH ROUTES. IN CONSONANCE WITH THAT CHANGE THE OFFICIAL TABLE OF DISTANCES (FOREIGN) WAS CHANGED TO EXCLUDE ALL DISTANCES INVOLVING OCEAN-GOING FERRIES FROM OVERALL DISTANCES. THE VIEW WAS, THEREFORE, EXPRESSED THAT VOUCHERS FOR TRAVEL INVOLVING TRANSOCEANIC TRAVEL AS DEFINED IN THE JOINT TRAVEL REGULATIONS ARE PROPERLY PAYABLE IN ACCORDANCE WITH PARAGRAPHS 4159 -1 AND 4, JOINT TRAVEL REGULATIONS.

PRIOR TO OUR DECISION REPORTED IN 39 COMP. GEN. 116, WE HAD HELD THAT VESSELS PLYING THE ENGLISH CHANNEL WERE NOT FERRIES AND, THEREFORE, TRAVEL ACROSS THE CHANNEL WAS CONSIDERED TRAVEL BY OCEAN TRANSPORT. AS A CONSEQUENCE, CLAIMS FOR REIMBURSEMENT OF CHANNEL TRAVEL EXPENSE HAD TO BE SUPPORTED BY THE SAME EVIDENCE TO SUBSTANTIATE SUCH REIMBURSEMENT AS WAS REQUIRED FOR ALL TRAVEL BY OCEAN TRANSPORT; I.E., A SHOWING THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE AND RECEIPTS OR OTHER EVIDENCE OF THE COST OF SUCH PERSONAL TRAVEL. THAT WAS THE BASIS FOR THE STATEMENT MADE IN THE CONCLUDING PARAGRAPH OF OUR DECISION OF APRIL 18, 1955, 34 COMP. GEN. 530, REFERRED TO BY THE ASSISTANT SECRETARY. WHILE WE CONCLUDED IN 39 COMP. GEN. 116 THAT CHANNEL FARES WERE TO BE REGARDED AS "FERRY FARES" WITHIN THE MEANING OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 837, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, FOR THE REASONS THAT THE CRAFTS WHICH TRANSPORTED PASSENGERS AND AUTOMOBILES BETWEEN ENGLAND AND FRANCE WERE ESPECIALLY DESIGNED FOR SHORT REGULAR RUNS, THE DISTANCE INVOLVED WAS COMPARATIVELY SHORT AND THE PURPOSE OF THE SERVICE WAS TO CONNECT THE HIGHWAY SYSTEM OF ENGLAND WITH THAT OF FRANCE, IT WAS EXPRESSLY STATED IN THE DECISION THAT SUCH CONCLUSION WOULD NOT AFFECT OUR PRIOR DECISIONS WITH RESPECT TO MEMBERS OF THE UNIFORMED SERVICES.

GENERALLY, OUR DECISIONS HOLDING THAT MEMBERS OF THE UNIFORMED SERVICES TRAVELING ON A MILEAGE BASIS ARE NOT ENTITLED TO REIMBURSEMENT OF FERRY FARES HAVE RELATED TO THE FARES ORDINARILY ENCOUNTERED AT A COMPARATIVELY NOMINAL COST IN AUTOMOBILE TRAVEL ON THE PUBLIC HIGHWAYS FOR TRANSPORTATION OVER RELATIVELY NARROW WATER OBSTRUCTIONS IN THE NORMAL HIGHWAY SYSTEM. HOWEVER, WE CONSISTENTLY HAVE HELD THAT, BECAUSE OF THE DISTANCE INVOLVED AND THE TRANSOCEANIC NATURE OF THE TRAVEL, FARES FOR CROSS CHANNEL TRAVEL ARE REIMBURSABLE AS TRANSOCEANIC TRAVEL UNDER THE STATUTES AUTHORIZING TRAVEL AND TRANSPORTATION ALLOWANCES FOR THE UNIFORMED SERVICES. THE CONCLUSION THAT SUCH FARES MAY BE REIMBURSED AS FERRY FARES UNDER THE CIVILIAN TRAVEL LAWS DOES NOT REPRESENT ANY DEPARTURE FROM SUCH VIEW. BROAD AUTHORITY IS GRANTED FOR SECRETARIES TO PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. IN VIEW OF SUCH AUTHORITY AND THE PROVISIONS IN THE JOINT TRAVEL REGULATIONS FOR REIMBURSEMENT FOR TRANSOCEANIC TRAVEL IN ADDITION TO THE PAYMENT OF MILEAGE FOR THE LAND TRAVEL TO AND FROM THE PORTS INVOLVED, CLAIMS FOR REIMBURSEMENT FOR TRANSPORTATION CHARGES FOR CROSSING THE ENGLISH CHANNEL, WHERE MILITARY PERSONNEL ARE CONCERNED, ARE TO BE CONSIDERED ON THE BASIS THAT SUCH TRAVEL IS TRANSOCEANIC TRAVEL. THE DECISION OF OCTOBER 12, 1959, B-140560, IN COLONEL MCRORY'S CASE IS MODIFIED ACCORDINGLY, AND INSTRUCTIONS ARE BEING ISSUED TO ALLOW HIS CLAIM IN THE AMOUNT PROPERLY DUE.

WITH RESPECT TO REIMBURSEMENT OF FARES FOR A MEMBER OR HIS DEPENDENTS, ATTENTION IS DIRECTED TO THE PROVISIONS OF PARAGRAPH 2150 OF THE JOINT TRAVEL REGULATIONS REQUIRING THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES, IF AVAILABLE, FOR TRAVEL AND TRANSPORTATION OUTSIDE THE UNITED STATES. IF FOREIGN VESSELS OR AIRCRAFT ARE USED, THE PAYMENTS SHOULD BE SUPPORTED BY EVIDENCE OF THE REQUIRED DETERMINATIONS AS THERE PROVIDED.

WHEN A MEMBER IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE MAY BE TRANSPORTED TO NEW STATION ON A GOVERNMENT OWNED VESSEL. 10 U.S.C. 4748, 6157 AND 9748. SUCH AUTHORITY WAS ENLARGED BY THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241 (C), TO AUTHORIZE THE UTILIZATION OF PRIVATELY OWNED AMERICAN SHIPPING SERVICES FOR THE TRANSPORTATION OF MOTOR VEHICLES WHEN OTHERWISE AUTHORIZED. HENCE, ANY CLAIM FOR REIMBURSEMENT FOR TRAVEL ON A FOREIGN VESSEL SHOULD REFLECT THE ACTUAL AMOUNT PAID FOR THE TRAVEL OF THE MEMBER AND/OR HIS DEPENDENTS, EXCLUDING ANY CHARGE FOR TRANSPORTING HIS AUTOMOBILE. IN THAT CONNECTION SEE THE ENCLOSED COPY OF DECISION OF TODAY, B-144783.