B-110057, SEP 9, 1952

B-110057: Sep 9, 1952

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YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AS CHIEF. IT IS STATED THAT THE NEAREST PORT AT WHICH GOVERNMENT TRANSPORTATION WAS AVAILABLE TO YOU FOR THE TRAVEL INVOLVED. IS PIRAEUS. THAT THE USUAL MODE OF TRAVEL TO SUCH PORT IS BY COMMERCIAL AIR. YOU WERE ALLOWED THE SUM OF $13.50. RATHER THAN TO THE PORT WHERE GOVERNMENT WATER TRANSPORTATION WOULD HAVE BEEN AVAILABLE ON THE USUALLY TRAVELED ROUTE. REGULATIONS GOVERNING THE PAYMENT TO MILITARY PERSONNEL OF PER DIEM AND OTHER ALLOWANCES INCIDENT TO THE PEFORMANCE OF OFFICIAL TRAVEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. OR OTHER SOURCES WILL NOT RECEIVE TRAVEL PER DIEM ALLOWANCES PRESCRIBED HEREIN EXCEPT WHEN SPECIFICALLY AUTHORIZED JOINTLY BY THE SECRETARIES CONCERNED.".

B-110057, SEP 9, 1952

PRECIS-UNAVAILABLE

MAJOR GENERAL VERNON EVANS, USA:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 5, 1952, REQUESTING REVIEW OF THAT PART OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 29, 1952, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AND TRANSPORTATION EXPENSES FOR TRAVEL FROM TEHERAN, IRAN, TO NEW YORK, NEW YORK, INCIDENT TO TRAVEL PERFORMED BY YOU FROM TEHERAN TO WASHINGTON, D. C., UNDER THE PROVISIONS OF PARAGRAPH 5 OF DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 73, DATED APRIL 12, 1951.

UNDER THE SAID ORDERS OF APRIL 12, 1951, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AS CHIEF, UNITED STATES MILITARY MISSION WITH THE IRANIAN ARMY, EFFECTIVE ON A DATE IN MAY, 1951, TO BE DETERMINED BY YOU, ASSIGNED TO DUTY AT WASHINGTON, D. C., AND DIRECTED TO PROCEED THERETO, A PERMANENT CHANGE OF STATION. PURSUANT TO THOSE ORDERS YOU PROCEEDED FROM TEHERAN TO BEIRUT, SYRIA, ON MAY 6 BY MILITARY AIRCRAFT, AND FROM BEIRUT TO NEW YORK CITY BY COMMERCIAL VESSEL AT PERSONAL EXPENSE DURING THE PERIOD MAY 8 TO 31, 1951. YOU PROCEEDED FROM NEW YORK CITY AND ARRIVED AT WASHINGTON, D. C., ON JUNE 22, 1951.

IN REPORT DATED NOVEMBER 19, 1951, FROM THE OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM, IT IS STATED THAT THE NEAREST PORT AT WHICH GOVERNMENT TRANSPORTATION WAS AVAILABLE TO YOU FOR THE TRAVEL INVOLVED, AND ALSO THE USUAL PORT OF EMBARKATION BY GOVERNMENT TRANSPORTATION FROM TEHERAN TO THE UNITED STATES, IS PIRAEUS, GREECE, AND THAT THE USUAL MODE OF TRAVEL TO SUCH PORT IS BY COMMERCIAL AIR. IN THE SETTLEMENT OF APRIL 29, 1952, YOU WERE ALLOWED THE SUM OF $13.50, ONLY, AS FOR MILEAGE FROM NEW YORK CITY TO WASHINGTON, D. C., THE REMAINDER OF THE CLAIM BEING DISALLOWED FOR THE REASON THAT IN PROCEEDING TO THE PORT FROM WHICH YOU DEPARTED BY COMMERCIAL VESSEL, RATHER THAN TO THE PORT WHERE GOVERNMENT WATER TRANSPORTATION WOULD HAVE BEEN AVAILABLE ON THE USUALLY TRAVELED ROUTE, YOU INCURRED NO REIMBURSABLE EXPENSES.

REGULATIONS GOVERNING THE PAYMENT TO MILITARY PERSONNEL OF PER DIEM AND OTHER ALLOWANCES INCIDENT TO THE PEFORMANCE OF OFFICIAL TRAVEL ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4252 OF THOSE REGULATIONS, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES AS FOLLOWS:

"MEMBERS OF MILITARY MISSIONS OR OTHERS AUTHORIZED TO RECEIVE ADDITIONAL PAY OR ALLOWANCES FROM FOREIGN GOVERNMENTS OR AGENCIES OF THE UNITED STATES OTHER THAN THEIR RESPECTIVE DEPARTMENTS, OR OTHER SOURCES WILL NOT RECEIVE TRAVEL PER DIEM ALLOWANCES PRESCRIBED HEREIN EXCEPT WHEN SPECIFICALLY AUTHORIZED JOINTLY BY THE SECRETARIES CONCERNED."

WHILE A CHANGE IN THE PROVISIONS OF THAT PARAGRAPH IS CONTAINED IN INSTRUCTION MEMORANDUM 1-4 TO THE JOINT TRAVEL REGULATIONS, DATED AUGUST 1, 1951, PURPORTING TO BE EFFECTIVE ON APRIL 1, 1951, TO AUTHORIZE PER DIEM PAYMENTS TO MEMBERS OF MILITARY MISSIONS UNDER THE ADDITIONAL CIRCUMSTANCES OF TRAVEL UNDER COMPETENT ORDERS ON DUTY FOR ANY OF THE UNIFORMED SERVICES, WHERE NO TRAVEL PER DIEM ALLOWANCE IS AUTHORIZED BY THE FOREIGN GOVERNMENT, AND WHEN TRAVELING IN CONNECTION WITH DUTIES WITH THE FOREIGN GOVERNMENT IF SPECIFICALLY PROVIDED FOR IN THE EXECUTIVE AGREEMENT BETWEEN THAT GOVERNMENT AND THE UNITED STATES, SUCH CHANGE MAY NOT BE CONSIDERED AS EFFECTIVE PRIOR TO AUGUST 1, 1951, THE DATE OF ITS ISSUANCE. CF. 23 COMP. GEN. 713.

YOU APPARENTLY WERE ENTITLED UNDER THE PROVISIONS OF ARTICLE 14 OF THE AGREEMENT BETWEEN THE UNITED STATES AND IRAN, SIGNED AT TEHERAN OCTOBER 6, 1947 (STATE DEPARTMENT PUBLICATION NO. 2997), TO COMPENSATION AND EMOLUMENTS FROM THE IRANIAN GOVERNMENT BY REASON OF YOUR DUTY WITH THE MILITARY MISSION WITH THE IRANIAN ARMY FOR THE PERIOD OF TRAVEL IN RETURNING TO THE UNITED STATES. CONSEQUENTLY, INASMUCH, AS IT DOES NOT APPEAR THAT PAYMENT TO YOU OF PER DIEM FOR THAT TRAVEL WAS SPECIFICALLY AUTHORIZED JOINTLY BY THE SECRETARIES OF THE DEPARTMENTS CONCERNED AS REQUIRED IN THE QUOTED REGULATIONS, THERE EXISTS NO AUTHORITY FOR THE PAYMENT OF THE PER DIEM ALLOWANCES CLAIMED.

REIMBURSEMENT OF EXPENSES OF TRAVEL IS BASED UPON TRAVEL OVER THE USUALLY TRAVELED ROUTE. 9 COMP. GEN. 210. CONSEQUENTLY, IF TRAVEL IS PERFORMED OVER ANOTHER ROUTE, REIMBURSEMENT OF EXPENSES INCURRED IS LIMITED TO THAT WHICH WOULD HAVE BEEN PAYABLE IF TRAVEL HAD BEEN PERFORMED VIA THE USUAL ROUTE OF TRAVEL. IN VIEW OF THE INFORMATION CONTAINED IN THE REPORT OF NOVEMBER 19, 1951, FROM THE OFFICE OF THE CHIEF OF TRANSPORTATION, IT APPEARS THAT HAD YOU TRAVELED OVER THE USUAL ROUTE OF TRAVEL, YOU WOULD HAVE BEEN REQUIRED TO PROCEED BY COMMERCIAL AIR FROM BEIRUT TO PIRAEUS, THE FARE FOR WHICH IS SHOWN TO BE $70. IT IS CONCLUDED, THEREFORE, THAT YOU ARE ENTITLED TO AN ADDITIONAL ALLOWANCE OF $70 ON YOUR CLAIM. SETTLEMENT WILL ISSUE ON THAT BASIS IN DUE COURSE.