B-142308, MAY 11, 1960

B-142308, MAY 11, 1960

TO MASTER SERGEANT WALTER H. MCLAIN, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1960, CONCERNING YOUR CLAIM FOR TRAVEL ALLOWANCES INCIDENT TO YOUR RETIREMENT FROM THE ARMY. OUR SETTLEMENT DATED FEBRUARY 16, 1960, YOU WERE ALLOWED $87.24 IN ADDITION TO THE AMOUNT PAID TO YOU BY THE ARMY FOR TRAVEL PERFORMED BY YOU, YOUR WIFE, AND FOUR CHILDREN FROM FORT KNOX AND NEW HAVEN, KENTUCKY, TO A SELECTED HOME, DELTA JUNCTION, FORT GREELY, ALASKA, BETWEEN JULY 31 AND AUGUST 14, 1959, FOLLOWING YOUR RETIREMENT. APPARENTLY YOU HAD NOT RECEIVED PAYMENT OF OUR SETTLEMENT WHEN YOU WROTE YOUR LETTER OF FEBRUARY 24.

YOU AND YOUR DEPENDENTS TRAVELED FROM THE UNITED STATES TO DELTA JUNCTION, FORT GREELY, ALASKA, VIA THE ALCAN HIGHWAY BY PRIVATELY OWNED AUTOMOBILE WITHOUT ADVANCE AUTHORIZATION THEREFOR. SUCH TRAVEL MAY NOT NOW BE ORDERED RETROACTIVELY FOR PURPOSES OF TRAVEL ALLOWANCE. GOVERNMENT SURFACE TRANSPORTATION (MILITARY SEA TRANSPORTATION SERVICE), WAS AVAILABLE, AND UPON PROPER APPLICATION, COULD HAVE BEEN USED BY YOU AND YOUR DEPENDENTS FOR TRAVEL BETWEEN SEATTLE, WASHINGTON, AND WHITTIER, ALASKA.

PARAGRAPH 4158 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS RETIRED WITH PAY AFTER EIGHT OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION IN ACCORDANCE WITH PARAGRAPH 4151 OR 4159, AS APPLICABLE, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

AT THE TIME YOUR TRAVEL WAS PERFORMED ALASKA WAS A STATE OF THE UNITED STATES. HOWEVER, TRAVEL ALLOWANCES FOR TRAVEL TO AND FROM ALASKA ARE THE SUBJECT OF SPECIAL REGULATORY PROVISIONS.

PARAGRAPH 4159-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO IS SPECIFICALLY AUTHORIZED TO, AND DOES PERFORM, TRAVEL BETWEEN THE UNITED STATES AND POINTS IN ALASKA VIA SEATTLE, WASHINGTON, BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED TO THE TRAVEL ALLOWANCES OTHERWISE PRESCRIBED THEREFOR. UNLESS SUCH TRAVEL IS SPECIFICALLY AUTHORIZED, THE REGULATIONS (PARAGRAPH 4159-1) PROVIDE THAT MILEAGE IS PAYABLE ONLY FOR THE OFFICIAL DISTANCES OF THE LAND TRAVEL INVOLVED FROM THE MEMBER'S LAST DUTY STATION TO THE APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES, AND FROM AERIAL OR WATER PORT OF DEBARKATION NEAREST TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES TO DESTINATION. ADDITION TO THE REGULATIONS ABOVE-CITED, THE JOINT TRAVEL REGULATIONS (PARAGRAPHS 7002 E) LONG HAVE PROVIDED THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS OF MEMBERS "TO, FROM OR BETWEEN AREAS OUTSIDE THE UNITED STATES" GOVERNMENT MEANS OF TRANSPORTATION--- TRANSPORTATION IN KIND, AIRCRAFT OR VESSELS--- WILL BE USED, IF AVAILABLE, EXCEPT IN CERTAIN INSTANCES NOT HERE MATERIAL. IN THE ABSENCE OF ORDERS SPECIFICALLY DIRECTING LAND TRAVEL BY PRIVATELY OWNED CONVEYANCE SIMILAR RULES APPLY TO TRAVEL OF DEPENDENTS BETWEEN THE UNITED STATES AND ALASKA. SEE PARAGRAPHS 1150-14, 7002-1B.6, AND 7003-3C OF THE JOINT TRAVEL REGULATIONS. SEE, ALSO, PARAGRAPH 41, ARMY REGULATIONS NO. 55-46 (CHANGE 1), DATED APRIL 24, 1957.

IT WILL BE SEEN THAT SINCE YOU PROCEEDED TO ALASKA BY PRIVATELY OWNED AUTOMOBILE WITHOUT SPECIFIC ADVANCE AUTHORIZATION THEREFOR, AND GOVERNMENT TRANSPORTATION WAS AVAILABLE AND UPON APPLICATION WOULD HAVE BEEN FURNISHED FOR THAT PORTION OF THE JOURNEY FROM SEATTLE TO WHITTIER, THE REGULATIONS PRECLUDE ANY FURTHER PAYMENT ON YOUR CLAIM.