B-142405, AUGUST 26, 1960, 40 COMP. GEN. 140

B-142405, AUGUST 26, 1960, 40 COMP. GEN. 140

MILITARY PERSONNEL - MILITARY ASSISTANCE ADVISORY GROUPS - TRAVEL EXPENSES - COUNTERPART FUND USE THE TRAVEL OF MEMBERS OF THE ARMY, WHO ARE ASSIGNED TO MILITARY ASSISTANCE ADVISORY GROUPS ESTABLISHED UNDER THE MUTUAL SECURITY ACT OF 1954, IS GOVERNED BY THE DIRECTIONS IN THE TRAVEL ORDERS, AND THE USE OF COUNTERPART FUNDS FOR SUCH TRAVEL DOES NOT ENTITLE THE MEMBERS TO MORE OR GREATER RIGHTS THAN ARE PROVIDED BY THE JOINT TRAVEL REGULATIONS; THEREFORE, A MEMBER WHOSE TRAVEL ORDERS DIRECTED RETURN VIA THE ATLANTIC ROUTE AND PROVIDED THAT TRAVEL TIME IN EXCESS OF CONSTRUCTIVE AIR TRAVEL TIME WAS CHARGEABLE TO LEAVE, AND WHO WAS FURNISHED TRANSPORTATION PAID FROM COUNTERPART FUNDS AND MILEAGE FOR LAND TRANSPORTATION IN THE UNITED STATES, IS NOT ENTITLED TO ADDITIONAL PAYMENT AND SINCE THE MEMBER'S CLAIM FOR BAGGAGE HANDLING CHARGES COVERS ITEMS INCURRED ON BEHALF OF THE DEPENDENTS, WHICH ARE NOT REIMBURSABLE, NO AMOUNT MAY BE ALLOWED AS REIMBURSABLE EXPENSES.

TO LIEUTENANT COLONEL JAMES R. RABER, DEPARTMENT OF THE ARMY, AUGUST 26, 1960:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 21, 1960, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT DATED FEBRUARY 25, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS FROM PHNOM PENH, CAMBODIA, TO FORT LEE, VIRGINIA, DURING THE PERIOD MAY 2 TO JULY 9, 1959.

BY ORDERS DATED APRIL 24, 1959, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE UNITED STATES ARMY ELEMENT, MILITARY ASSISTANCE ADVISORY GROUP, PHNOM PENH, CAMBODIA, AND REASSIGNED TO DUTY AT FORT LEE, VIRGINIA. THE ORDERS PROVIDED FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS TO THE EAST COAST PORT OF ENTRY, NEW YORK, NEW YORK AND AUTHORIZED YOU TO VISIT THE FOLLOWING COUNTRIES EN ROUTE TO CONTINENTAL UNITED STATES: THAILAND, PAKISTAN, LEBANON, ITALY, SPAIN, FRANCE, AND GREAT BRITAIN. THE ORDERS ALSO PROVIDED THAT TRAVEL TIME IN EXCESS OF THE CONSTRUCTIVE AIR TRAVEL TIME FROM PANOM PENH, CAMBODIA, TO NEW YORK, WAS CHARGEABLE AS LEAVE. TRAVEL BY COMMERCIAL AIRCRAFT OR SURFACE CARRIER WAS AUTHORIZED. DURING THE PERIOD MAY 2 TO 12, 1959, YOU TRAVELED FROM PHNOM PENH, CAMBODIA, TO LONDON, ENGLAND, WITH STOPOVERS AT BANGKOK, THAILAND; KARACHI, PAKISTAN; ANKARA, TURKEY; ROME, ITALY; BARCELONA AND MADRID, SPAIN; AND PARIS, FRANCE. ON MAY 14, 1959, YOU WENT BY RAIL TO SOUTHAMPTON, ENGLAND, WHERE YOU EMBARKED FOR THE UNITED STATES ON THE SS UNITED STATES. YOU ARRIVED AT NEW YORK, IN NEW YORK, ON MAY 18, 1959, AND TRAVELED TO CHICAGO, ILLINOIS, BY COMMERCIAL AIR AT PERSONAL EXPENSE. ON MAY 20, 1959, YOU TRAVELED BY PRIVATE AUTOMOBILE FROM CHICAGO TO VALPARAISO, INDIANA, WHERE YOU REMAINED UNTIL JULY 6, 1959. ON THAT DAY YOU COMMENCED TRAVEL BY AUTOMOBILE TO FORT LEE, VIRGINIA, AND ARRIVED THERE ON JULY 9, 1959.

YOU AND YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM PHNOM PENH, CAMBODIA, TO NEW YORK, NEW YORK. THE COST OF SUCH TRANSPORTATION AND THE COST OF SHIPPING EXCESS BAGGAGE WAS PAID FROM CURRENCY CONTRIBUTED BY THE CAMBODIAN GOVERNMENT. BY THE SETTLEMENT DATED FEBRUARY 25, 1960, YOU WERE ALLOWED THE SUM OF $40.02 REPRESENTING PER DIEM AT $9 A DAY FOR TWO DAYS' CONSTRUCTIVE AIR TRAVEL TIME FROM CAMBODIA TO SAN FRANCISCO, CALIFORNIA ($18), AND MILEAGE FOR YOUR TRAVEL FROM NEW YORK, NEW YORK, TO FORT LEE, VIRGINIA ($22.02). YOU WERE PAID BY THE DEPARTMENT OF THE ARMY FOR THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK TO FORT LEE.

IN YOUR LETTER OF MARCH 21, 1960, YOU STATE THAT WHILE YOU PREFERRED TO RETURN TO THE UNITED STATES VIA THE PACIFIC ROUTE, YOU WERE DIRECTED TO RETURN VIA THE ATLANTIC ROUTE BECAUSE IT COST THE GOVERNMENT LESS FOR YOUR TRAVEL AND YOU WERE WARNED THAT IF YOU REQUESTED PERMISSION AND TRAVELED VIA THE DIRECT ROUTE TO SAN FRANCISCO, CALIFORNIA, YOU WOULD BE CHARGED WITH THE EXCESS COST OF SUCH TRAVEL. ON SUCH BASIS, AND SINCE THE COST OF TRANSPORTATION FOR YOU AND YOUR DEPENDENTS FROM CAMBODIA TO NEW YORK WAS PAID OUT OF CURRENCY CONTRIBUTED BY THE CAMBODIAN GOVERNMENT, IT IS YOUR VIEW THAT YOU ARE ENTITLED TO ADDITIONAL REIMBURSEMENT FOR INCIDENTAL EXPENSES AND TRAVEL COST AS LISTED ON YOUR CLAIM VOUCHER.

EXCEPT AS MAY OTHERWISE BE PROVIDED BY STATUTE, THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES ON OFFICIAL BUSINESS AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A).

ARMY REGULATIONS 1-75, DATED SEPTEMBER 4, 1956, ISSUED PURSUANT TO DEPARTMENT OF DEFENSE DIRECTIVE 5132.3, DATED JULY 22, 1957, SETTING OUT GENERAL POLICY DIRECTIVES RELATING TO THE MILITARY ASSISTANCE PROGRAM PROVIDES GENERALLY (PARAGRAPH 13A) THAT THE TRAVEL OF MILITARY PERSONNEL ASSIGNED TO MILITARY ASSISTANCE ADVISORY GROUPS WILL BE IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS AND ARMY REGULATIONS 55 31. WHERE, HOWEVER, MAXIMUM UTILIZATION OF LOCAL CURRENCY IS DIRECTED, THE USE OF GOVERNMENT TRANSPORTATION IS NOT REQUIRED FOR MILITARY ASSISTANCE ADVISORY GROUP PERSONNEL. THE CITED REGULATIONS (PARAGRAPH 13B) REQUIRE THE MAXIMUM USE OF LOCAL CURRENCY FOR TRAVEL. THESE SPECIAL REGULATORY PROVISIONS APPEAR DESIGNED TO IMPLEMENT THE PROVISIONS OF THE MUTUAL SECURITY ACT OF 1954 AND SECTION 411 OF THAT ACT, 68 STAT. 846, AS AMENDED, 22 U.S.C. 1931, PROVIDES THAT WHENEVER POSSIBLE THE EXPENSES OF ADMINISTRATION OF THE MILITARY ASSISTANCE PROGRAM SHALL BE PAID FOR IN THE CURRENCY OF THE NATION WHERE THE EXPENSE IS INCURRED, AND THAT FUNDS MADE AVAILABLE FOR THE PURPOSE OF THE PROGRAM MAY BE USED FOR EXPENDITURES OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES FOR THE PROCUREMENT OF SUPPLIES AND SERVICES AND FOR OTHER ADMINISTRATIVE AND OPERATING PURPOSES (OTHER THAN COMPENSATION OF PERSONNEL) WITHOUT REGARD TO THE PROVISIONS OF LAWS AND REGULATIONS GOVERNING THE OBLIGATION AND EXPENDITURE OF GOVERNMENT FUNDS AS MAY BE NECESSARY TO ACCOMPLISH THE PURPOSE OF THE PROGRAM. ACCORDINGLY, YOUR RIGHT TO TRANSPORTATION IS FOR DETERMINATION ON THE BASIS OF THE TRAVEL AS DIRECTED BY YOUR ORDERS. THE USE OF CONTRIBUTED FUNDS DOES NOT ENTITLE YOU TO MORE OR GREATER RIGHTS THAN PROVIDED BY THE JOINT TRAVEL REGULATIONS FOR SUCH TRAVEL.

THUS, UNDER YOUR ORDERS YOU WERE ENTITLED TO REIMBURSEMENT FOR AUTHORIZED EXPENSES INVOLVED FOR TRAVEL AS ACTUALLY PERFORMED BY YOU. YOU AND YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM PHNOM PENH, CAMBODIA, TO NEW YORK, NEW YORK, AND THE SETTLEMENT DATED FEBRUARY 25, 1960, ALLOWED YOU MILEAGE FOR YOUR TRAVEL FROM NEW YORK TO FORT LEE, VIRGINIA, PLUS PER DIEM FOR TWO DAYS' CONSTRUCTIVE AIR TRAVEL TIME FROM CAMBODIA TO THE UNITED STATES. HENCE, NO ADDITIONAL AMOUNT FOR TRANSPORTATION OR MILEAGE MAY BE ALLOWED ON YOUR CLAIM. ALSO, YOU ARE NOT ENTITLED TO ADDITIONAL PER DIEM SINCE YOUR ORDERS OF APRIL 24, 1959, SPECIFICALLY PROVIDED THAT TRAVEL TIME IN EXCESS OF THE CONSTRUCTIVE AIR TRAVEL TIME FROM CAMBODIA TO NEW YORK WAS CHARGEABLE TO LEAVE.

YOU SUBMITTED WITH YOUR CLAIM VOUCHER AN ITEMIZED STATEMENT OF EXPENSES WHICH YOU SAY WERE INCURRED FOR "UNLOADING, MOVEMENT, CHECKING, LOADING AND TRANSPORT OF BAGGAGE AND FOR TRANSPORT OF SELF AND FAMILY," DURING THE PERIOD FROM MAY 2 TO 20, 1959. IN YOUR EXPLANATION OF THESE ITEMS OF EXPENSE, YOU SAY THAT "1SINCE ALL BAGGAGE FOR SELF AND FAMILY WAS GROUPED TOGETHER AND HANDLING CHARGES PAID ACCORDINGLY, CLAIM FOR REIMBURSEMENT IS INCLUDED ON VOUCHER FOR THE SPONSOR, NONE ON VOUCHER FOR DEPENDENTS.'

PART I OF CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS COVERS REIMBURSABLE EXPENSES FOR MEMBERS OF THE UNIFORMED SERVICES IN A TRAVEL STATUS. PARAGRAPH 4400-1 OF THE REGULATIONS PROVIDES THAT,"1THE EXPENSES SPECIFICALLY REFERRED TO IN THIS PART ARE REIMBURSABLE IN ADDITION TO THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED IN THIS CHAPTER," AND THAT "1REIMBURSEMENT OF THESE EXPENSES INCURRED ON BEHALF OF DEPENDENTS IS NOT AUTHORIZED.' SINCE THE STATEMENT OF EXPENSES SUBMITTED BY YOU COVERS ITEMS INCURRED ON YOUR BEHALF AND ALSO ON BEHALF OF YOUR DEPENDENTS, WE ARE UNABLE TO DETERMINE WHICH ITEMS ARE REIMBURSABLE EXPENSES UNDER THE REQUIREMENTS AND LIMITATIONS OF THE REGULATIONS. HENCE, ON THE PRESENT RECORD, NO AMOUNT MAY BE PAID ON YOUR CLAIM FOR THESE EXPENSES.

ACCORDINGLY, THE ACTION TAKEN IN OUR SETTLEMENT OF FEBRUARY 25, 1960, IS SUSTAINED.