B-158602, APR. 21, 1966

B-158602, APR. 21, 1966

TO MAJOR PHILIP B. SAMSEY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1965, TO THE FINANCE AND ACCOUNTING OFFICE, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, CONCERNING THE ADDITIONAL PAYMENT OF $25.81 TO YOU ON VOUCHER DATED NOVEMBER 1, 1965, FOR YOUR TRAVEL AND THAT OF YOUR FAMILY FROM STUTTGART, GERMANY, TO STILLWATER, OKLAHOMA, DURING THE PERIOD FROM JUNE 29 TO AUGUST 10, 1964. YOUR LETTER WAS TRANSMITTED TO OUR OFFICE FOR CONSIDERATION AND REPLY SINCE THE PAYMENT WAS BASED ON OUR SETTLEMENT DATED OCTOBER 4, 1965.

BY PARAGRAPH 6, SPECIAL ORDERS NO. 97, HEADQUARTERS SEVENTH ARMY, APO 46, U.S. FORCES, DATED MAY 9, 1964, YOU WERE DETACHED FROM DUTY AT STUTTGART, GERMANY, AND WERE ASSIGNED TO STUDENT DETACHMENT, HEADQUARTERS FOURTH UNITED STATES ARMY, FORT SAM HOUSTON, TEXAS, WITH STATION AT OKLAHOMA STATE UNIVERSITY, STILLWATER, OKLAHOMA, FOR A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS, TO REPORT NOT SOONER THAN AUGUST 23 BUT NOT LATER THAN SEPTEMBER 5, 1964. THIRTY DAYS DELAY TO BE CHARGED AS LEAVE WAS AUTHORIZED. THE ORDERS PROVIDED THAT PORT CALL INSTRUCTION WOULD BE ISSUED BY AMENDMENT TO THE ORDER AND THAT CONCURRENT TRAVEL OF DEPENDENTS (WIFE AND TWO CHILDREN, AGES 13 AND 5) WAS AUTHORIZED. PARAGRAPH 18, SPECIAL ORDERS NO. 120, DATED JUNE 9, 1964, AMENDED THE PREVIOUS ORDERS TO PROVIDE THAT YOU WERE TO REPORT AT SOUTHAMPTON SUBPORT, ENGLAND, FOR SURFACE TRANSPORTATION ABOARD THE U.S.N.S. BUCKNER. FOURTEEN DAYS' DELAY CHARGEABLE AS LEAVE WAS AUTHORIZED IN EUROPE, WITH PERMISSION TO VISIT FRANCE, GREAT BRITAIN, LUXEMBOURG, HOLLAND, BELGIUM AND WEST GERMANY.

YOUR ITINERARY INDICATES THAT YOU AND YOUR DEPENDENTS DEPARTED STUTTGART, GERMANY, BY PRIVATELY OWNED VEHICLE JUNE 29, 1964, ARRIVING AT ANTWERP, BELGIUM, ON JULY 1. TRAVEL FROM ANTWERP TO SOUTHAMPTON, ENGLAND, WAS PERFORMED BY COMMON CARRIER AT GOVERNMENT EXPENSE THROUGH THE USE OF TRANSPORTATION REQUESTS, ARRIVING AT SOUTHAMPTON ON JULY 15, 1964, AFTER A STAY IN LONDON, ENGLAND. YOU INDICATE THAT YOU WERE GIVEN TWO MILITARY TRAVEL WARRANTS FOR YOUR TRAVEL, ONE FOR RAIL TICKETS WHICH YOU USED AND THE OTHER FOR SLEEPING ACCOMMODATIONS ON THE TRAIN, WHICH WAS NOT ACCEPTABLE ON THE BOAT FROM OSTEND TO DOVER. YOU HAD TO PAY FOR A CABIN ON THE BOAT, AND RETURNED THE WARRANT FOR THE SLEEPING ACCOMMODATIONS.

IN YOUR CLAIM FOR REIMBURSEMENT, YOU INCLUDED A CLAIM FOR ADDITIONAL EXPENSES INVOLVED ON THE TRAIN TRIP FOR A TOTAL OF $22.73. BY VOUCHER DATED SEPTEMBER 8, 1964, YOU WERE PAID MILEAGE FOR YOUR TRAVEL FROM NEW YORK CITY TO STILLWATER, OKLAHOMA, AND PER DIEM FOR ONE DAY INCIDENT TO THE TRAVEL FROM STUTTGART TO SOUTHAMPTON, ENGLAND. BY SEPARATE VOUCHER YOU WERE ALSO PAID MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS' TRAVEL FROM NEW YORK TO STILLWATER. ON OCTOBER 29, 1964, YOU FILED A CLAIM FOR ADDITIONAL MILEAGE COVERING THE DISTANCE FROM STUTTGART TO BREMERHAVEN, GERMANY, ADDITIONAL PER DIEM FOR THAT TRAVEL AND REIMBURSEMENT IN THE AMOUNT OF $22.73 FOR MISCELLANEOUS EXPENSES INCURRED IN YOUR TRAIN TRAVEL TO SOUTHAMPTON, ENGLAND. OUR SETTLEMENT OF OCTOBER 4, 1965, ALLOWED $25.81, AS MILEAGE FOR YOU AND YOUR DEPENDENTS, COVERING THE DISTANCE FROM STUTTGART TO BREMERHAVEN, GERMANY, AS AUTHORIZED PORT OF EMBARKATION, LESS DISTANCE FROM ANTWERP, BELGIUM, TO SOUTHAMPTON, ENGLAND, FOR TRANSPORTATION FURNISHED AT GOVERNMENT EXPENSE, AND DEDUCTING $8 PER DIEM PREVIOUSLY PAID, FOR THE REASON THAT PER DIEM IS NOT AUTHORIZED WHILE IN A MILEAGE STATUS.

IN YOUR LETTER OF NOVEMBER 9, 1965, YOU STATE THAT THE TRAVEL PAY FOR THE TRAVEL PERFORMED IS STILL SHORT, AND YOU REQUEST A REVIEW OF THE RECORD, SO AS TO MAKE WHATEVER CORRECTIONS ARE IN ORDER. ALSO, YOU ASK WHETHER YOU ARE ENTITLED TO PER DIEM FOR YOUR FAMILY.

IT HAS BEEN ADMINISTRATIVELY REPORTED THAT THE AUTHORIZED SURFACE ROUTE FROM GERMANY TO THE CONTINENTAL UNITED STATES IS VIA GOVERNMENT VESSEL FROM BREMERHAVEN, GERMANY, TO NEW YORK, AND YOUR CLAIM WAS SETTLED ON THAT BASIS. HOWEVER, SINCE SPECIAL ORDERS NO. 97, DATED MAY 9, 1964, AS AMENDED BY SPECIAL ORDERS NO. 120, DATED JUNE 9, 1964, PROVIDED THAT YOU WERE TO REPORT TO SOUTHAMPTON SUBPORT, ENGLAND, FOR SURFACE TRANSPORTATION ABOARD THE U.S.N.S. BUCKNER, AND IN THE ABSENCE OF A SHOWING THAT THAT ROUTE WAS PRESCRIBED ONLY AS A CONVENIENCE TO YOU, IT WILL BE CONSIDERED THAT THE AUTHORIZED SURFACE ROUTE IN YOUR CASE WAS VIA SOUTHAMPTON, ENGLAND.

PARAGRAPH M4154-1, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN LAND TRAVEL IS PERFORMED ON PERMANENT CHANGE OF STATION PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT MEANS (TRANSPORTATION REQUESTS OR TRANSPORTATION IN KIND), REIMBURSEMENT WILL BE IN ACCORDANCE WITH PARAGRAPH M4152. PARAGRAPH M4154-2 PROVIDES IN SUCH CIRCUMSTANCES THAT COMPUTATION OF MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THE TRAVEL AT PERSONAL EXPENSE IS AUTHORIZED AT THE RATE OF $0.05 PER MILE FOR THE OFFICIAL DISTANCE OF THE ORDERED TRAVEL, LESS THE OFFICIAL DISTANCE BETWEEN THE POINTS TRANSPORTATION REQUESTED WERE FURNISHED AND USED. SUBPARAGRAPH 3 PROVIDES IN PERTINENT PART THAT FOR DETERMINING THE ALLOWANCES PAYABLE, THE TRAVEL BETWEEN A STATION LOCATED OUTSIDE THE UNITED STATES AND THE POINT OF EMBARKATION (OR DEBARKATION) OUTSIDE THE UNITED STATES SERVING THAT STATION AND TRAVEL BETWEEN A POINT OF EMBARKATION AND A POINT OF DEBARKATION WILL BE CONSIDERED TO BE SEPARATE JOURNEYS. PARAGRAPH M4152, JOINT TRAVEL REGULATIONS, PROVIDES THAT FOR PERMANENT CHANGE OF STATION PERFORMED WHEN TRANSPORTATION IS FURNISHED BY THE GOVERNMENT VIA COMMON CARRIER, A PER DIEM IS AUTHORIZED FOR THE TIME REQUIRED TO TRAVEL BETWEEN PERMANENT STATIONS. PARAGRAPH M4155-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE OFFICIAL COMMON CARRIER DISTANCE SHALL BE THE "OFFICIAL DISTANCE" IN ALL CASES WHERE TRAVEL IS PERFORMED ENTIRELY BY COMMON CARRIER AND THAT OFFICIAL HIGHWAY DISTANCE SHALL BE THE "OFFICIAL DISTANCE" FOR ALL TRAVEL WHEN PERFORMED IN WHOLE OR IN PART BY PRIVATELY OWNED CONVEYANCE. IMPLEMENTING THESE REGULATIONS, PARAGRAPHS 6- 22 AND 6-23, ARMY REGULATIONS 37-106, PROVIDE FOR PER DIEM FOR ONE DAY TO BE CREDITED FOR EACH 720 MILES OR A FRACTION THEREOF TRAVELED BY COMMON CARRIER AND FOR EACH 300 MILES TRAVELED BY PRIVATELY OWNED VEHICLE, WITH FRACTIONS OF 300 WHICH ARE MORE THAN 150 MILES TO BE CREDITED AS ONE DAY AND FRACTIONS OF LESS THAN 150 MILES TO BE DROPPED FROM THE COMPUTATION.

INASMUCH AS YOUR TRAVEL FROM STUTTGART, GERMANY, TO OSTEND, BELGIUM, POINT OF EMBARKATION FOR ENGLAND, WAS PERFORMED PARTLY AT PERSONAL EXPENSE AND PARTLY BY GOVERNMENT MEANS BY TRANSPORTATION REQUESTS, YOU ARE ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF 5 CENTS PER MILE FOR THE OFFICIAL HIGHWAY DISTANCE FROM STUTTGART TO OSTEND, LESS THE DISTANCE FROM ANTWERP, BELGIUM, TO OSTEND. FOR THE TRAVEL FROM DOVER, ENGLAND, TO SOUTHAMPTON, NO MONETARY ALLOWANCE IS AUTHORIZED FOR YOUR TRAVEL OR THAT OF YOUR DEPENDENTS, AS THE TRAVEL WAS PERFORMED ENTIRELY BY GOVERNMENT MEANS. WITH RESPECT TO THE MISCELLANEOUS EXPENSES INCURRED BY COMMON CARRIER TRAVEL, ONLY THE CABIN CHARGE AND THE EXPENSES INVOLVED IN EMBARKING FROM THE TRAIN TO THE OSTEND-DOVER BOAT AND DEBARKING TO THE TRAIN, PLUS COST OF PORTER SERVICE AND TAXI IN LEAVING THE STATION AT SOUTHAMPTON TO THE DOCKS AT THAT PORT ARE REIMBURSABLE, SINCE THE OTHER CHARGES WERE IN CONNECTION WITH YOUR STAY AT LONDON IN A LEAVE STATUS. PER DIEM IS AUTHORIZED AS PRESCRIBED IN THE CITED PROVISIONS OF ARMY REGULATIONS 37-106 AS FOR THE DISTANCE FROM STUTTGART TO SOUTHAMPTON. YOU ARE ALSO ENTITLED TO TRANSPORTATION ALLOWANCE ON A MILEAGE BASIS FOR THE TRAVEL OF YOUR DEPENDENTS FROM STUTTGART, GERMANY, TO OSTEND, LESS THE DISTANCE FROM ANTWERP, BELGIUM, TO OSTEND. THE JOINT TRAVEL REGULATIONS MAKE NO PROVISIONS FOR THE PAYMENT OF PER DIEM FOR DEPENDENTS' TRAVEL AND ACCORDINGLY, NO FURTHER REIMBURSEMENT IS DUE ON THEIR ACCOUNT.

SETTLEMENT ON THAT BASIS, TAKING INTO ACCOUNT PREVIOUS PAYMENTS MADE FOR THE TRAVEL, WILL ISSUE IN THE NEAR FUTURE.