B-143799, SEP. 23, 1960

B-143799, SEP. 23, 1960

TO MR. EMILE C. GENEREUX, SKC, USNR, SPECIAL SERVICES DEPARTMENT, HEADQUARTERS SUPPORT ACTIVITY, NAVY:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 2, 1960, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JULY 21, 1960, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM OR COMMUTED RATIONS WHILE AWAITING TRANSPORTATION FOR TRAVEL FROM THE UNITED STATES TO JAPAN AND FOR REIMBURSEMENT FOR SUBSISTENCE CHARGES INCURRED WHILE EN ROUTE.

BY ORDERS PREPARED DECEMBER 18, 1959, YOU WERE TRANSFERRED FROM THE U.S.S. FRONTIER (AD-25) AT BUCKNER BAY, OKINAWA, TO DUTY AT YOKOSUKA, HONSHU, JAPAN. YOU WERE AUTHORIZED TO TRAVEL TO THE NEAREST RECEIVING STATION IN THE CONTINENTAL UNITED STATES FOR THIRTY DAYS' ANNUAL LEAVE AND UPON COMPLETION THEREOF YOU WERE TO REPORT TO THE COMMANDING OFFICER OF THE RECEIVING STATION AT SAN FRANCISCO FOR TRANSPORTATION TO YOUR NEW DUTY STATION. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL FROM THE UNITED STATES TO JAPAN WAS PERFORMED FOR YOUR OWN CONVENIENCE AND DID NOT INVOLVE PUBLIC BUSINESS. YOU CONTEND, HOWEVER, THAT YOU WERE TRAVELING UNDER COMPETENT ORDERS AND THAT YOU WERE IN A "TRAVEL STATUS" DURING THE PERIOD OF YOUR CLAIM. YOU STATE THAT WHILE AWAITING TRANSPORTATION FROM SAN FRANCISCO TO JAPAN YOU WERE PLACED IN A "LIBERTY" STATUS AND AT NO TIME WERE YOU OFFERED OR FURNISHED ANY SUBSISTENCE OR HOUSING, THUS OBLIGATING YOU TO FURNISH YOUR OWN.

AS YOU WERE ADVISED IN OUR SETTLEMENT DATED JULY 21, 1960, SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, THAT IS, FOR TRAVEL ON PUBLIC BUSINESS. PARAGRAPH 3050-1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT ACT, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL ON PUBLIC BUSINESS PURSUANT TO COMPETENT ORDERS. TRAVEL WHILE ON LEAVE INCIDENT TO A PERMANENT CHANGE OF STATION TO THE EXTENT THAT SUCH TRAVEL EXCEEDS THE DISTANCE FROM THE OLD TO THE NEW STATION IS NOT TRAVEL ON OFFICIAL BUSINESS. PARAGRAPH 6455 OF THE JOINT TRAVEL REGULATIONS PROVIDES, THEREFORE, THAT PERSONNEL ATTACHED TO ACTIVITIES BEYOND THE CONTINENTAL UNITED STATES SHOULD MAKE DEFINITE PLANS, BEFORE THEY REQUEST LEAVE, AS TO WHEN AND HOW THEY CAN RETURN AT THE EXPIRATION OF LEAVE. PARAGRAPH 6454 OF THE REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS ARE NOT PAYABLE BY THE GOVERNMENT.

IT IS EVIDENT THAT YOUR TRAVEL FROM THE UNITED STATES TO JAPAN WAS NOT TRAVEL ON OFFICIAL BUSINESS, BUT WAS PERFORMED BY YOU EXCLUSIVELY FOR THE REASON THAT YOU HAD TAKEN LEAVE IN THE UNITED STATES. HENCE, THERE IS NO BASIS UNDER APPLICABLE LAW AND REGULATIONS FOR REIMBURSING YOU FOR SUCH TRAVEL. ACCORDINGLY, THE SETTLEMENT OF JULY 21, 1960, IS SUSTAINED.