B-108105(1), JUL 3, 1953

B-108105(1): Jul 3, 1953

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USAF: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2. WHICH YOU HAVE FURNISHED IN CONNECTION WITH NOTION OF EXCEPTION DATED JUNE 6. YOU WERE RELEASED FROM DUTY ASSIGNMENT AT IZMIR. SIXTY DAYS' LEAVE EN ROUTE WAS AUTHORIZED AND PERMISSION WAS GRANTED TO VISIT ROME. TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED BY LETTER ORDERS NO. 33 OF THE SAME DATE. PERMISSION WAS GRANTED THEM "TO ACCOMPANY MAJOR HUNT ON LEAVE" TO ROME. IT IS STATED THAT YOU AND YOUR DEPENDENTS LEFT IZMIR ON JUNE 11. THE RECORD SHOWS THAT YOU HAVE BEEN PAID SUMS TOTALING $222.64 AS PER DIEM FOR THE PERIOD JUNE 15 TO 30. 713 FROM ROME TO FRANKFURT APPEARS TO HAVE BEEN $130.04. IF SUCH TRANSPORTATION IS AVAILABLE ***.". PROVIDES THAT ANY OFFICER OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS "SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG.

B-108105(1), JUL 3, 1953

PRECIS-UNAVAILABLE

MAJOR MARVIN L. HUNT, USAF:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 17, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRAVEL OF YOU AND YOUR DEPENDENTS (WIFE AND THREE MINOR CHILDREN), FROM IZMIR, TURKEY TO ROME, ITALY, AND TO STATEMENTS DATED JULY 28, 1952, AND NOVEMBER 13, 1952, WHICH YOU HAVE FURNISHED IN CONNECTION WITH NOTION OF EXCEPTION DATED JUNE 6, 1952, TO PAYMENT MADE ON VOUCHER NO. 23731, SEPTEMBER 1950 ACCOUNT OF J. A. MILTON.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 65, AMERICAN MISSION FOR AID TO TURKEY, U.S. AIR FORCE GROUP, ANKARA, TURKEY, DATED MAY 17, 1950, YOU WERE RELEASED FROM DUTY ASSIGNMENT AT IZMIR, TURKEY, AND ASSIGNED TO UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, WITH DIRECTION TO PROCEED FROM IZMIR ON OR ABOUT JUNE 11, 1950, TRAVEL BY ANY AVAILABLE MEANS OF TRANSPORTATION BEING AUTHORIZED THEREIN WHEN CONTRIBUTING TO MORE EFFECTIVE ACCOMPLISHMENT OF TRAVEL. SIXTY DAYS' LEAVE EN ROUTE WAS AUTHORIZED AND PERMISSION WAS GRANTED TO VISIT ROME, SWITZERLAND AND GERMANY. TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED BY LETTER ORDERS NO. 33 OF THE SAME DATE, AND PERMISSION WAS GRANTED THEM "TO ACCOMPANY MAJOR HUNT ON LEAVE" TO ROME, SWITZERLAND AND GERMANY." IT IS STATED THAT YOU AND YOUR DEPENDENTS LEFT IZMIR ON JUNE 11, 1950, AND TRAVELED BY VESSEL OF FOREIGN REGISTRY TO NAPLES, ITALY, AND THENCE TO ROME BY RAIL AT PERSONAL EXPENSE; THAT YOU TRAVELED BY RAIL ON GOVERNMENT TRANSPORTATION REQUEST FROM ROME TO FRANKFURT, GERMANY, DURING THE PERIOD JUNE 17 TO 19, 1950, AND THAT YOU LEFT THE LATTER PLACE ON JULY 1, 1950, AND PROCEEDED BY GOVERNMENT AIRCRAFT TO WESTOVER AIR FORCE BASE, MASSACHUSETTS. THE RECORD SHOWS THAT YOU HAVE BEEN PAID SUMS TOTALING $222.64 AS PER DIEM FOR THE PERIOD JUNE 15 TO 30, 1950, FOR VARIOUS SMALL ITEMS OF TRAVEL EXPENSE FROM IZMIR TO FRANKFURT, AND REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL FROM WESTOVER AIR FORCE BASE TO WRIGHT-PATTERSON AIR FORCE BASE. THE AMOUNT PAID BY THE GOVERNMENT FOR TRANSPORTATION FURNISHED ON TRANSPORTATION REQUEST WQ 30,664,713 FROM ROME TO FRANKFURT APPEARS TO HAVE BEEN $130.04.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PROVIDES THAT TRANSPORTATION SUPPLIED THE DEPENDENTS OF OFFICERS TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES "SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT, IF SUCH TRANSPORTATION IS AVAILABLE ***." SECTION 901 OF THE MERCHANT MARINE ACT, 1936, 49 STAT. 2015, 46 U.S.C. 1241, PROVIDES THAT ANY OFFICER OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS "SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG," AND IT IS FURTHER PROVIDED THAT THE COMPTROLLER GENERAL OF THE UNITED STATES "SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFORE." AN OFFICER'S RIGHTS TO PER DIEM FOR TRAVEL IN FOREIGN COUNTRIES AND THE AVAILABILITY OF SHIPS OF AMERICAN REGISTRY FOR OVERSEAS TRAVEL, ARE DETERMINED ON THE BASIS OF THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE POINTS INVOLVED. IT APPEARS THAT SHIPS OF THE AMERICAN EXPORT LINES OPERATED BETWEEN PIRAEUS, GREECE, AND NEW YORK, NEW YORK. BY SIXTH INDORSEMENT OF JUNE 11, 1951, THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, ADVISED THAT THE AUTHORIZED ROUTE FOR PERSONS TRAVELING BY WATER FROM TURKEY TO THE UNITED STATES IS BY COMMERCIAL WATER TRANSPORTATION TO PIRAEUS THENCE BY MILITARY SEA TRANSPORTATION SERVICE TO NEW YORK, NEW YORK, AND THAT GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE FROM PIRAEUS TO NEW YORK ON JUNE 5 AND JULY 11, 1950. THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, HAS STATED THAT THE OFFICIAL ROUTE OF TRAVEL FROM ATHENS, GREECE, TO THE UNITED STATES IS VIA PIRAEUS AND WATER TRAVEL THENCE TO NEW YORK AND IT WAS HELD IN THE DECISION OF THIS OFFICE DATED APRIL 11, 1951, B 102348, THAT THE SHORTEST USUALLY TRAVELED ROUTE FROM ATHENS, TO THE UNITED STATES WAS BY WATER TO NEW YORK. IN VIEW OF THE FOREGOING, THE AVAILABILITY OF COMMERCIAL WATER TRANSPORTATION FROM IZMIR TO PIRAEUS, AND OF THE LOCATION OF IZMIR WITH RESPECT TO PIRAEUS, IT IS CONCLUDED THAT THE USUAL ROUTE OF TRAVEL OF MILITARY PERSONNEL FROM IZMIR TO THE UNITED STATES IS BY WATER TRANSPORTATION TO NEW YORK VIA PIRAEUS.

SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS FROM PIRAEUS AND SINCE YOU TRAVELED BY FOREIGN VESSEL TO NAPLES - ALTHOUGH VESSELS OF AMERICAN REGISTRY WERE AVAILABLE FROM PIRAEUS TO THE UNITED STATES - THERE IS NO AUTHORITY TO REIMBURSE YOU FOR THE COST OF SUCH TRAVEL IN EXCESS OF THAT FROM IZMIR TO PIRAEUS. ALSO, YOUR ELECTION TO TRAVEL OVER ANOTHER ROUTE COULD NOT GIVE RISE TO A RIGHT TO PER DIEM GREATER THAN WAS PAYABLE FOR TRAVEL FROM IZMIR TO PIRAEUS. WHILE AN OFFICER IS NOT REQUIRED TO TRAVEL WITH HIS DEPENDENTS ON A GOVERNMENT VESSEL UNLESS ORDERED TO USE SUCH TRANSPORTATION, SINCE YOU DID TRAVEL WITH YOUR DEPENDENTS AND ALL NECESSARY WATER OR OVER WATER TRAVEL TO THE UNITED STATES WAS ACCOMPLISHED BY FOREIGN VESSEL AND GOVERNMENT TRANSPORTATION, IT IS CONCLUDED THAT YOUR RIGHT TO REIMBURSEMENT MUST BE DETERMINED ON THE SAME BASIS AS IF YOU HAD TRAVELED WITH YOUR DEPENDENTS BY GOVERNMENT VESSEL FROM PIRAEUS TO NEW YORK, ON WHICH TRANSPORTATION WOULD HAVE BEEN FURNISHED FREE OF CHARGE.

WITH RESPECT TO THE PER DIEM ALLOWABLE FOR THE STOPOVER WHICH WOULD HAVE BEEN NECESSARY AT PIRAEUS IF YOU HAD TRAVELED BY GOVERNMENT VESSEL FROM THAT PLACE TO NEW YORK, YOU ARE ADVISED THAT THE RULE IS WELL ESTABLISHED THAT WHEN LEAVE EN ROUTE IS GRANTED IN CHANGE OF STATION ORDERS, NO TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF SUCH LEAVE. HENCE, PER DIEM IS PAYABLE ONLY FOR THE NECESSARY TRAVEL TIME EN ROUTE (NOT INCLUDING SEA TRAVEL), AND AN OFFICER CANNOT ACQUIRE A RIGHT TO ADDITIONAL PER DIEM BY DEPARTING FROM HIS OVERSEAS STATION ON LEAVE AT AN EARLIER TIME THAN WAS NECESSARY TO MAKE CONNECTION WITH A VESSEL ON WHICH HIS VOYAGE TO THE UNITED STATES IS TO BE COMPLETED. SCHEDULES ON FILE IN THIS OFFICE SHOW THAT YOU COULD HAVE TRAVELED FROM IZMIR TO PIRAEUS BY VESSEL DURING THE PERIOD JULY 9 AND 10, 1950, AND SINCE THE GOVERNMENT VESSEL ON WHICH YOU COULD HAVE TRAVELED TO THE UNITED STATES LEFT PIRAEUS ON JULY 11, PER DIEM MAY BE ALLOWED ONLY FOR ONE DAY. WHILE TRAVEL ON THAT BASIS WOULD HAVE REDUCED THE AMOUNT OF LEAVE YOU COULD HAVE TAKEN AFTER REACHING THE UNITED STATES, THAT CIRCUMSTANCE DOES NOT ADD TO YOUR RIGHTS IN THE PREMISES. MAY BE ADDED THAT THE RECORD INDICATES THAT YOU ORIGINALLY INTENDED TO SPEND A PART OF YOUR LEAVE IN TRAVEL THROUGH EUROPE SINCE YOU REQUESTED AND WERE GRANTED PERMISSION TO VISIT ROME, SWITZERLAND AND GERMANY, AND YOU STATE THAT YOU INTENDED TO VISIT THE COUNTRIES AUTHORIZED IN YOUR ORDERS ON LEAVE AFTER YOUR ARRIVAL AT FRANKFURT, BUT THAT THE KOREAN SITUATION INDUCED A CHANGE OF PLANS. ALSO, WHILE YOU STATE THAT OFFICIAL REASONS MADE IT IMPOSSIBLE FOR YOU TO LEAVE IZMIR IN TIME TO BOARD THE GOVERNMENT VESSEL WHICH LEFT PIRAEUS ON JUNE 5, THERE APPEARS TO BE NOTHING IN THE ORDERS OF MAY 17, 1950, WHICH REQUIRED YOU TO REMAIN IN IZMIR THAT LONG AFTER MAY 17, AND IT IS ASSUMED THAT THE DIRECTION THEREIN TO PROCEED ON OR ABOUT JUNE 11 WAS INCLUDED TO COINCIDE WITH THE DATE OF DEPARTURE OF THE VESSEL ON WHICH YOU PLANNED TO TRAVEL, ARRANGEMENTS FOR WHICH, YOU STATE, WERE MADE LONG IN ADVANCE.

THE AMOUNT OF $191.32 ALLOWED IN THE SETTLEMENT OF NOVEMBER 17, 1952, WAS COMPUTED IN ACCORDANCE WITH THE FOREGOING, VIZ., $84 FOR CONSTRUCTIVE WATER TRANSPORTATION FOR TRAVEL OF YOURSELF AND DEPENDENTS FROM IZMIR TO PIRAEUS, $10 HANDLING BAGGAGE AT IZMIR, ONE DAY'S PER DIEM OF $12 FOR THE TIME YOU WOULD HAVE HAD TO AWAIT TRANSPORTATION AT PIRAEUS, AND $85.32 MILEAGE ALLOWANCE FOR CONSTRUCTIVE TRAVEL OF YOURSELF AND WIFE FROM NEW YORK TO WRIGHT-PATTERSON AIR FORCE BASE. THE AMOUNT PAID BY THE GOVERNMENT FOR TRANSPORTATION FURNISHED YOU ON TRANSPORTATION REQUEST WQ 30,664,713 FROM ROME TO FRANKFURT WAS STATED IN THE SETTLEMENT OF NOVEMBER 17 TO BE $190.41, THAT AMOUNT BEING BASED ON INFORMATION FURNISHED BY THE AMERICAN EXPRESS COMPANY, ROME, ITALY. NOTICE OF EXCEPTION DATED JUNE 6, 1952, STATED AGAINST PAYMENT MADE TO YOU ON VOUCHER NO. 23731, SEPTEMBER 1950 ACCOUNT OF J. A. MILTON, COMPUTED THE COST OF SUCH TRANSPORTATION AS $92.07. HOWEVER, EXAMINATION OF VOUCHER NO. 642, AUGUST 1950 ACCOUNTS OF J. L. WARD, SHOWS THE ACTUAL AMOUNT PAID BY THE GOVERNMENT FOR TRANSPORTATION FURNISHED ON THAT TRANSPORTATION REQUEST WAS $130.04. HENCE, IT APPEARS THAT YOU ARE INDEBTED TO THE GOVERNMENT IN THE SUM OF $161.36 ($222.64 PLUS $130.04 LESS $191.32), AND THAT AMOUNT SHOULD BE REFUNDED TO THIS OFFICE BY CHECK OR MONEY ORDER MADE PAYABLE TO THE TREASURER OF THE UNITED STATES.