B-149603, SEP. 5, 1962

B-149603, SEP. 5, 1962

TO MISS JUNE B. ILCHERT:

THIS REFERS TO YOUR REGISTERED LETTER NO. 32227 OF JULY 28, 1962, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF OFFICE SETTLEMENT OF AUGUST 4, 1961, WHICH ALLOWED YOU $36.40 FOR REIMBURSEMENT OF TRAVELING EXPENSES UPON RETURNING TO THE UNITED STATES FROM GERMANY AFTER COMPLETION OF YOUR EMPLOYMENT AGREEMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. A COPY OF YOUR LETTER OF JULY 28, 1962, CONCERNING THE SAME MATTER, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WAS FORWARDED HERE BY THE WHITE HOUSE FOR USE IN CONNECTION WITH OUR CONSIDERATION OF YOUR CASE.

THE FILE SHOWS THAT AT THE COMPLETION OF YOUR EMPLOYMENT AGREEMENT IN DECEMBER 1953, YOU REQUESTED PERMISSION TO TRAVEL IN EUROPE FOR AN INDEFINITE PERIOD OF TIME BEFORE RETURNING TO THE UNITED STATES. YOU LEFT YOUR DUTY STATION ON DECEMBER 11, 1953, TRAVELED IN EUROPE AND THE NEAR EAST AND RETURNED TO THE UNITED STATES BY AN INDIRECT ROUTE USING A VESSEL OF FOREIGN REGISTRY SAILING FROM GENOA. YOU ARRIVED IN NEW YORK ON JANUARY 18, 1954.

YOU EMPHASIZE THAT YOUR RIGHT TO RETURN TRAVEL AND TRANSPORTATION WAS ADVERSELY AFFECTED BY IMPROPER ADMINISTRATIVE ACTION IN REFUSING TO ALLOW YOU TO RETURN TO THE UNITED STATES BY AN INDIRECT ROUTE THEREBY COERCING YOU TO EXECUTE A WAIVER OF ENTITLEMENT TO TRAVEL AND TRANSPORTATION EXPENSES.

SINCE WE HAVE NOT BEEN ABLE TO OBTAIN ANY OFFICIAL INFORMATION CONCERNING THE DETAILS OF THIS MATTER DUE TO THE LONG LAPSE OF TIME AND THE LAWFUL DESTRUCTION OF PERTINENT AGENCY RECORDS, WE ARE NOT ABLE TO DETERMINE THE PROPRIETY OF SUCH CHARGE. HOWEVER, IRRESPECTIVE OF THE VALIDITY OF THAT CHARGE WE CANNOT ALLOW YOU ANY ADDITIONAL AMOUNT COVERING YOUR RETURN TRAVEL BECAUSE YOU HAVE BEEN ALLOWED LAND TRAVEL COSTS TO BREMERHAVEN, GERMANY, AND OCEAN TRAVEL WAS PERFORMED BY A FOREIGN VESSEL. REIMBURSEMENT FOR TRAVEL ON A FOREIGN VESSEL IS EXPRESSLY PRECLUDED BY SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 46 U.S.C. 1241 (A), WHICH PROVIDES FOR THE USE OF SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHEN SUCH SHIPS ARE AVAILABLE. THE STATUTE PROVIDES THAT THE COMPTROLLER GENERAL SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR. MOREOVER, OUR DECISIONS CONSTRUING SECTION 901 HAVE HELD THAT WHEN A SHIP OF AMERICAN REGISTRY IS AVAILABLE OVER A DIRECT ROUTE, REIMBURSEMENT FOR TRAVEL BY A FOREIGN VESSEL OVER AN INDIRECT ROUTE WOULD NOT BE AUTHORIZED. 39 COMP. GEN. 642; 30 ID. 407. UNDER THE CIRCUMSTANCES WE ARE PRECLUDED FROM ALLOWING YOU ANY ADDITIONAL AMOUNT FOR TRAVEL REIMBURSEMENT.

YOUR CLAIM FOR REIMBURSEMENT FOR THE SHIPMENT OF HOUSEHOLD EFFECTS MAY NOT BE ALLOWED UPON THE BASIS OF THE INFORMATION PRESENTLY OF RECORD. THE WEIGHT OR OTHER METHOD OF MEASUREMENT OF SUCH EFFECTS IS NOT SHOWN IN OUR RECORDS AND YOU HAVE BEEN UNSUCCESSFUL IN YOUR EFFORT TO SATISFACTORILY ESTABLISH SUCH WEIGHT. THE GENERAL ACCOUNTING OFFICE MAY ALLOW CLAIMS ONLY WHEN SATISFACTORILY ESTABLISHED BY THE EVIDENCE OF RECORD. WE MAY NOT ALLOW SPECULATIVE CLAIMS NOR EFFECT COMPROMISE OF CLAIMS WHEN ADEQUATE EVIDENCE FAIRLY ESTABLISHING A CLAIMANT'S ENTITLEMENT HAS NOT BEEN PRESENTED. IN VIEW THEREOF, ON THE BASIS OF THE PRESENT RECORD, WE WOULD NOT BE WARRANTED IN ALLOWING ANY PART OF YOUR CLAIM FOR TRANSPORTATION OF HOUSEHOLD EFFECTS.

YOUR CLAIM FOR SALARY COVERING THE PERIOD OF TRAVEL ABOARD A VESSEL OF FOREIGN REGISTRY IN CONNECTION WITH YOUR RETURN TO NEW YORK MAY NOT BE ALLOWED SINCE THE AVAILABLE RECORD SHOWS THAT YOU WERE SEPARATED FROM THE SERVICE AT THE OVERSEAS POST OF DUTY IN DECEMBER 1953, AND IN THE ABSENCE OF A SHOWING THAT THE ADMINISTRATIVE ACTION PURPORTING TO EFFECT SUCH SEPARATION WAS NOT VALID, YOUR RIGHT TO COMPENSATION MUST BE REGARDED AS HAVING TERMINATED ON THAT DATE.

ACCORDINGLY, UPON THE PRESENT RECORD, OUR SETTLEMENT OF AUGUST 4, 1961, MUST BE AND IS SUSTAINED.