B-140320, MAY 17, 1960

B-140320, MAY 17, 1960

TO THE HONORABLE ANGUS WARD:

YOUR LETTERS OF MARCH 2 (ERRONEOUSLY DATED FEBRUARY 2) AND MARCH 31, 1960, WITH ENCLOSURES, FORWARDED TO OUR OFFICE BY THE DEPARTMENT OF STATE FOR OUR CONSIDERATION REFER TO OUR DECISION B-140320 OF FEBRUARY 17,1960, TO YOU, WHICH SUSTAINED THE PARTIAL DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCIDENT TO YOUR TRAVEL AS AN EMPLOYEE OF THE DEPARTMENT OF STATE. ALSO, YOU ASSERT A CLAIM FOR $74.50 AS ADDITIONAL PER DIEM.

THE COST OF SHIPPING YOUR SAFARI CAR OR TRUCK ($735.84) AND THE SHIPMENT OF 89 CASES OF EFFECTS ($654) FROM KARACHI, PAKISTAN, TO GENOA, ITALY, WERE DISALLOWED BECAUSE THE SHIPMENTS WERE MADE BY FOREIGN VESSEL. SUPPORT OF YOUR USE OF A FOREIGN VESSEL YOU SAY THAT THE PORT OF KARACHI USED FOR STORING GOODS AWAITING OUTWARD SEA SHIPMENT IN 1956 WAS A SINK OF THEFT AND PILFERAGE AND IF YOU HAD STORED THE 89 CASES OF EFFECTS AND YOUR SAFARI CAR AT THE PORT AWAITING THE SAILING OF AN AMERICAN VESSEL YOU WOULD HAVE COURTED A SUBSTANTIAL LOSS FOR WHICH THE UNITED STATES WOULD NOT HAVE REIMBURSED YOU. YOU FURTHER SAY IN JUSTIFICATION FOR THE USE OF A FOREIGN VESSEL THAT BECAUSE OF THE HEIGHT OF YOUR AUTOMOBILE IF YOU HAD USED AN AMERICAN FLAGSHIP IT WOULD HAVE BEEN TRANSPORTED ON DECK AND SUBJECT TO SEVERE DAMAGE BY THE ELEMENTS. UNDER THE ABOVE-STATED CIRCUMSTANCES, IT DOES NOT APPEAR THAT FOR THE TRANSPORTATION INVOLVED BETWEEN KARACHI, PAKISTAN, AND GENOA, ITALY, AN AMERICAN SHIP WAS "AVAILABLE" WITHIN THE MEANING OF SECTION 501 OF THE MERCHANT MARINE ACT OF 1936. THE COST OF THE TRANSPORTATION MAY NOW BE ALLOWED.

THE AMOUNT OF $314.50 REPRESENTS THE COST OF PASSAGE ABOVE THE MINIMUM FIRST CLASS FARE FOR PASSAGE ON THE SS. INDEPENDENCE BETWEEN GENOA, ITALY, AND NEW YORK. IN VIEW OF THE INFORMATION NOW FURNISHED THAT THE SPACE ASSIGNED YOU FOR THIS TRIP WAS THE LOWEST FIRST CLASS AVAILABLE AT THAT TIME YOU WILL BE REIMBURSED THE AMOUNT FOUND DUE FOR THE TRAVEL INVOLVED.

IN YOUR CLAIM FOR ADDITIONAL PER DIEM OF $74.50 YOU SHOW THE DIFFERENCE COMPUTED AS FOLLOWS:

TABLE "CLAIMED PER DIEM:

FOR WIFE AND ME -

MAR 24, 0900 HRS, TO APR 3, 1200 HRS; 10 3/24 DYS

AT $12 TIMES 2 $243.00

APR 3, 1200 HRS, TO APR 5, 0900 HRS. 1 21/24 DYS

AT $5 TIMES 2 18.75

FOR ME - JUL 24, 1900 HRS, TO JULY 30 0900 HRS; 6 DYS AT $5

30.00

$291.75 PER DIEM AS RECOMPUTED BY DEPARTMENT:

FOR WIFE AND ME -

MAR 24, FROM 0900 TO 1200 HRS;

1/4 DAY AT $2 TIMES 2 $1.00

FOR WIFE -

MAR 24, 1200 HRS, TO APR 3, 1200 HRS;

10 DYS AT $12 120.00

APR 3, 1200 HRS, TO APR 5, 1200 HRS;

2 DYS AT $ 5 10.00

FOR ME -

MAR 24, 1200 HRS, TO MAR 27, 1800 HRS;

3 1/4 DYS AT $12 39.00

MAR 27, 1800 HRS, TO APR 3, 2400 HRS;

7 1/4 DYS AT $ 5 36.25

APR 4, 0000 HRS, TO APR 9, 1200 HRS;

5 1/2 DYS AT $ 2 11.00 217.25

------- ------- AMOUNT ADMINISTRATIVELY DISALLOWED BY DEPARTMENT $ 74.50"

IN ARRIVING AT THE SUM DUE YOU UNDER OUR SETTLEMENT OF MAY 5, 1959, YOUR PER DIEM FOR THE PERIOD IN QUESTION WAS COMPUTED AS FOLLOWS:

MARCH 1956 EMPLOYEE AND WIFE

24 AR. GENOA, ITALY, 9 A.M., 1/2 D. AT $2 TIMES 2 $ 2.00

24 IN GENOA (12 NOON - 12 MIDNIGHT) 1/2 D. AT $12 TIMES 2 12.00

3/25 - 4/2 IN GENOA AWAITING SAILING OF SHIP 9 D. AT $12 216.00

TIMES 2

APRIL

3 (12:01 A.M. TO 12 NOON) 1/2 D. AT $12 TIMES 2 12.00

3 LV. GENOA VIA SS. INDEPENDENCE 9 A.M.

(12:01 P.M. TO 12 MIDNIGHT) 1/2 D. AT $5 TIMES 2 5.00

4 ABOARD SHIP 1 D. AT $5 TIMES 2 10.00

5 LV. SHIP AT ALGECIRAS, SPAIN 9 A.M. END OF EMPLOYEE'S

STATUS 1/2 D. AT $5 TIMES 2 5.00

WIFE ONLY

5 EN ROUTE TO COIN, SPAIN, 12:01 P.M. TO 12 MIDNIGHT

1/2 D. AT $10 5.00

6 AR. COIN, SPAIN (DESTINATION) 12 NOON 1/2 D. AT $10 5.00

EMPLOYEE ONLY

JULY

24 BOARDED SS. INDEPENDENCE, AT ALGECIRAS, SPAIN,

8 A.M. 1/2 D. AT $5 2.50

7/25-29 EN ROUTE TO NEW YORK 5 D. AT $5 25.00

30 AR. NEW YORK 9 A.M. 1/2 D. AT $2 1.00

$300.50

THEREFORE, NO FURTHER AMOUNT IS DUE YOU AS PER DIEM FOR THAT PERIOD.

WE ARE INSTRUCTING OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT IN YOUR FAVOR IN THE AMOUNT FOUND ..END :