B-126213, JUL. 24, 1956

B-126213, JUL. 24, 1956

TO MR. WILLIAM SCHENSTROM:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1956, RELATIVE TO YOUR SON'S CLAIM FOR REIMBURSEMENT FOR THE EXPENSES OF HIS TRANSPORTATION FROM TORREMOLINOS, SPAIN, TO NEW YORK, NEW YORK, DURING THE PERIOD OCTOBER 7, TO 15, 1952. THE DISALLOWANCE OF THE CLAIM WAS SUSTAINED BY OUR DECISION OF FEBRUARY 23, 1956, AND UPON RECONSIDERATION OF THE MATTER" THAT CONCLUSION WAS ADHERED TO IN DECISION OF JUNE 1, 1956. YOUR PRESENT LETTER CONTAINS NO EVIDENCE NOT PREVIOUSLY CONSIDERED IN THE HANDLING OF YOUR SON'S CLAIM. AS YOU WERE INFORMED IN OUR PREVIOUS DECISIONS, A REPORT FROM THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, SHOWS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM CASABLANCA TO NEW YORK ON SEPTEMBER 9 AND OCTOBER 2, 1952, AND THUS, REIMBURSEMENT FOR TRAVEL BY COMMERCIAL VESSEL WAS NOT PROPER. WE MUST NECESSARILY RELY ON THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF CONVINCING EVIDENCE THAT SUCH REPORT IS NOT CORRECT. THERE IS NO BASIS FOR QUESTIONING THE REPORT IN THIS CASE AND HENCE, WE MUST CONCLUDE THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM CASABLANCA. ON THESE FACTS THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR THE COST OF THE TRANSPORTATION PERFORMED BY COMMERCIAL VESSEL AT PERSONAL EXPENSE.

ACCORDINGLY, YOUR SON'S CLAIM MAY NOT BE ALLOWED AND FURTHER CORRESPONDENCE IN THE MATTER WILL SERVE NO USEFUL PURPOSE.