B-168962, MAR. 13, 1970

B-168962, MAR. 13, 1970

TRANSPORTATION--REQUESTS--ISSUANCE, USE, ETC.--UNUSED--REIMBURSEMENT OFFICER ON 3-DAY TEMPORARY DUTY, WHOSE ORDERS DID NOT SPECIFY MODE OF TRANSPORTATION, AND WHO RETURNED BY AIR AT PERSONAL EXPENSE OF $98.70 BECAUSE TRANSPORTATION REQUEST AND AIR TICKET--OBTAINED BY ANOTHER OFFICER --WERE MISPLACED AT TIME OF DEPARTURE AND LATER RETURNED TO TRANSPORTATION OFFICER FOR COLLECTION, WAS PROPERLY REIMBURSED MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT RATE OF $0.05 PER MILE PLUS TAXI FARE UNDER PAR. M4203-3A OF JOINT TRAVEL REGULATIONS SINCE ONLY MEMBERS SURRENDERING UNUSED TICKETS IN AMOUNTS OF $15 OR LESS MAY ELECT REIMBURSEMENT FOR ACTUAL COST OF TRANSPORTATION ON MODE AUTHORIZED AND ACTUALLY USED UNDER M4203-2.

TO CHARLES G. GAGLIANO, LIEUTENANT COLONEL:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 23, 1969, IN WHICH YOU ACKNOWLEDGE RECEIPT OF PAYMENT IN THE AMOUNT OF $3.50 ON THE BASIS OF A SETTLEMENT DATED DECEMBER 2, 1969, AS REIMBURSEMENT OF ADDITIONAL TRANSPORTATION EXPENSES INCURRED FOR TRAVEL PERFORMED UNDER SPECIAL ORDER NO. T-495, DATED APRIL 21, 1969. IN YOUR LETTER YOU REQUEST THE REASON FOR THE DISALLOWANCE OF THE REMAINDER OF YOUR CLAIM.

THE ORDERS OF APRIL 21, 1969, DIRECTED YOUR TRAVEL FROM BERGSTROM AIR FORCE BASE, TEXAS, TO POPE AIR FORCE BASE, (FORT BRAGG) NORTH CAROLINA, ON TEMPORARY DUTY EFFECTIVE APRIL 27, 1969, FOR THE PURPOSE OF OBSERVING USSTRICOM EXERCISE BRASS STRIKE IV AND UPON COMPLETION THEREOF TO RETURN TO YOUR DUTY STATION. THE ORDERS STATED THAT THE TRAVEL AND TEMPORARY DUTY, INCLUDING TRAVEL TIME, WOULD REQUIRE APPROXIMATELY THREE DAYS. MODE OF TRANSPORTATION TO AND FROM THE TEMPORARY DUTY STATION WAS DIRECTED.

THE RECORD SHOWS THAT YOU USED A TRANSPORTATION REQUEST FOR COMMERCIAL AIR TRAVEL, APRIL 27-28, 1969, FROM AUSTIN, TEXAS, TO FAYETTEVILLE, NORTH CAROLINA. ON APRIL 29 YOU RETURNED TO AUSTIN, TEXAS, BY COMMERCIAL AIR AT YOUR OWN EXPENSE AND USED A TAXI FROM THE AIR TERMINAL AT AUSTIN TO YOUR DUTY STATION. MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE WAS PAID FOR TRAVEL PERFORMED BY COMMERCIAL AIR FROM FAYETTEVILLE, NORTH CAROLINA, TO AUSTIN, TEXAS.

IN A LETTER DATED MAY 12, 1969, YOU EXPLAINED THAT UPON ARRIVAL AT YOUR TEMPORARY DUTY STATION THE TIME FACTORS INVOLVED IN YOUR TEMPORARY DUTY ASSIGNMENT MADE IT DIFFICULT FOR YOU TO CONTACT A TRANSPORTATION OFFICER FOR A TRANSPORTATION REQUEST FOR YOUR RETURN TRAVEL. YOU STATED THAT ANOTHER OFFICER OBTAINED THE NECESSARY TRANSPORTATION REQUEST AND COMMERCIAL AIR TICKET TO HOLD FOR YOU UNTIL YOUR DEPARTURE. HOWEVER, AT THE TIME YOU WERE SCHEDULED FOR THE RETURN TRIP HE WAS UNABLE TO FIND THE TRANSPORTATION REQUEST AND TICKET. HE THEREFORE PURCHASED FOR YOUR USE A DUPLICATE AIRLINE TICKET COSTING $98.70.

YOU STATED FURTHER THAT SUBSEQUENT TO YOUR RETURN TO YOUR DUTY STATION, YOU WERE ADVISED THAT THE TRANSPORTATION REQUEST AND TICKET HAD BEEN FOUND AND TURNED BACK TO THE TRANSPORTATION OFFICE FOR COLLECTION. YOU THEN REQUESTED REIMBURSEMENT FOR THE COST OF THE AIRLINE TICKET AND FOR TAXI FARE FROM AUSTIN MUNICIPAL AIRPORT TO BERGSTROM AIR FORCE BASE. HOWEVER, YOU WERE PAID ONLY MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT $0.05 PER MILE FOR THE OFFICIAL COMMON CARRIER DISTANCE FROM FAYETTEVILLE, NORTH CAROLINA, TO AUSTIN, TEXAS. YOU THEREFORE CLAIMED REIMBURSEMENT FOR THE DIFFERENCE BETWEEN THE AMOUNT YOU SPENT FOR THE AIRLINE TICKET PLUS TAXI FARE AND THE AMOUNT PAID YOU. BY SETTLEMENT DATED DECEMBER 2, 1969, YOU WERE ALLOWED REIMBURSEMENT FOR THE TAXI FARE ONLY, IN THE AMOUNT OF $3.50.

IN YOUR LETTER OF DECEMBER 23, 1969, YOU STATE THAT THE PURCHASE OF THE AIRLINE TICKET PENDING RECOVERY OF THE ORIGINAL TRANSPORTATION REQUEST WAS TO ENABLE YOU TO RETURN TO YOUR DUTY STATION AS SOON AS POSSIBLE. YOU CONTEND THAT THE ONLY LOSS TO THE GOVERNMENT HAD YOUR CLAIM BEEN ALLOWED IN FULL WOULD HAVE BEEN THE TAX YOU PAID AND YOU SAY THE DEDUCTION OF THAT AMOUNT WOULD BE UNDERSTANDABLE. HOWEVER, YOU REQUEST FURTHER INFORMATION AS TO THE REASON YOUR CLAIM WAS NOT OTHERWISE FULLY PAID.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 404. PARAGRAPH M2050-1, JOINT TRAVEL REGULATIONS, PROVIDES IN PERTINENT PART THAT MEMBERS WHO SURRENDER UNUSED TRANSPORTATION REQUESTS, COMPLETE TICKETS, OR UNUSED PORTIONS OF TICKETS OBTAINED ON TRANSPORTATION REQUESTS, SHALL BE ENTITLED TO TRAVEL ALLOWANCES UNDER THE APPLICABLE PROVISIONS OF CHAPTER 4 OF THE REGULATIONS, IF OTHERWISE AUTHORIZED.

PARAGRAPH M4203-2, PART E, CHAPTER 4, JOINT TRAVEL REGULATIONS, PROVIDES GENERALLY THAT WHEN TRANSPORTATION REQUESTS ARE AVAILABLE, BUT THE TRAVELER PROCURES TRANSPORTATION AT OWN EXPENSE ON COMMON CARRIERS IN AMOUNTS OF $15 (PLUS TAX), OR LESS, HE MAY ELECT TO RECEIVE REIMBURSEMENT FOR THE ACTUAL COST OF TRANSPORTATION TO THE TRAVELER FOR THE MODE OF TRANSPORTATION AUTHORIZED AND ACTUALLY USED, BASED UPON HIS CERTIFICATION AS TO THE COST INVOLVED.

PARAGRAPH M4203-3A OF THE REGULATIONS PROVIDES THAT WHEN AUTHORIZED TRAVEL IS PERFORMED AT PERSONAL EXPENSE, THE MEMBER WILL BE REIMBURSED A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE. SUBPARAGRAPH 4 PROVIDES THAT REIMBURSEMENT FOR ADDITIONAL TRANSPORTATION EXPENSES INCURRED IN THE PERFORMANCE OF DUTY, SUCH AS TAXICAB, BUS, STREET CAR FARES, ETC. ARE AUTHORIZED. OTHER PROVISIONS IN THAT PARAGRAPH INVOLVE ENTITLEMENTS IN SITUATIONS IN WHICH A MODE OF TRAVEL IS "DIRECTED" AS DISTINGUISHED FROM "AUTHORIZED."

THE ORDERS OF APRIL 21, 1969, DID NOT DIRECT A MODE OF TRAVEL IN THE PERFORMANCE OF THE REQUIRED TEMPORARY DUTY. INASMUCH AS THE TRANSPORTATION REQUEST WHICH WAS PROCURED FOR YOUR RETURN TRAVEL WAS RETURNED UNUSED, THE GOVERNING REGULATIONS REQUIRE THAT REIMBURSEMENT OF YOUR TRAVEL EXPENSES BE LIMITED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL COMMON CARRIER DISTANCE TRAVELED, PLUS ANY ADDITIONAL INCIDENTAL EXPENSES INCURRED, SUCH AS TAXICAB FARES, IN THE PERFORMANCE OF THAT TRAVEL. SINCE PAYMENTS HAVE BEEN MADE ON THAT BASIS, NO FURTHER REIMBURSEMENT IS AUTHORIZED.