B-119157, AUG 9, 1954

B-119157: Aug 9, 1954

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ACC: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29. WAS AUTHORIZED FROM COUNTERPART FUNDS UNDER DEPTAR MESSAGE NO. 907827. THAT THE REMAINDER OF YOUR TRAVEL TO NEW YORK WAS ACCOMPLISHED BY PAN AMERICAN WORLD AIRWAYS AT GOVERNMENT EXPENSE DURING THE PERIOD MAY 15 TO 22. THE RECORD SHOWS THAT A GOVERNMENT VESSEL WAS AVAILABLE FOR YOUR DEPENDENTS' TRAVEL FROM ISTANBUL TO THE UNITED STATES AT THAT TIME. IT APPEARS THAT THE COUNTERPART FUNDS MENTIONED IN YOUR TRAVEL ORDERS WERE CONTRIBUTED IN TURKISH CURRENCY BY THE GOVERNMENT OF TURKEY PURSUANT TO AN AGREEMENT ENTERED INTO UNDER SECTION 113(B)(6) OF THE ECONOMIC COOPERATION ACT OF 1948. THE COUNTERPART FUNDS MADE AVAILABLE TO THE DEPARTMENT OF THE ARMY UNDER FISCAL CODE NO. 97 FT 560 WERE TRANSFERRED UNDER AUTHORITY CONTAINED IN SECTION 521 OF THE MUTUAL SECURITY ACT OF 1951.

B-119157, AUG 9, 1954

PRECIS-UNAVAILABLE

MAJOR ROBERT G. LAWRENCE, JR., ACC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AND REIMBURSEMENT OF EXPENSES OF TRAVEL INCURRED BY YOU AND YOUR DEPENDENTS IN PROCEEDING FROM ANKARA, TURKEY, TO NEW YORK, NEW YORK, FOLLOWING RECEIPT OF ORDERS DATED APRIL 3, 1953, DIRECTING A PERMANENT CHANGE OF STATION TO FORT LESLIE J. MCNAIR, WASHINGTON, D.C.

THE SAID ORDERS OF APRIL 3, 1953, ISSUED BY U.S. ARMY GROUP, THE JOINT MILITARY MISSION FOR AID TO TURKEY, DIRECTED TRAVEL BY COMMERCIAL AIRCRAFT FROM ISTANBUL, TURKEY, TO THE UNITED STATES, AUTHORIZED 15 DAYS' DELAY EN ROUTE WITH PERMISSION TO VISIT IN GERMANY, FRANCE, ITALY, GREECE, SWITZERLAND AND THE UNITED KINGDOM AND 20 DAYS' LEAVE IN THE UNITED STATES, AND STATED THAT MOVEMENT OF YOU AND YOUR DEPENDENTS, AUTHORIZED TO ACCOMPANY YOU BY COMMERCIAL AIRCRAFT AT GOVERNMENT EXPENSE, WAS AUTHORIZED FROM COUNTERPART FUNDS UNDER DEPTAR MESSAGE NO. 907827, MAY 2, 1952, CHARGEABLE TO 97 FT 560 02 S91-350 L135. YOU STATE THAT YOU TRAVELED FROM ANKARA TO ISTANBUL BY RAIL AT GOVERNMENT EXPENSE DURING THE PERIOD MAY 12- 13, 1953, THAT YOU AND YOUR DEPENDENTS (WIFE AND TWO CHILDREN, AGES 5 AND 8 YEARS) PROCEEDED TO ATHENS, GREECE, THE FOLLOWING DAY BY BRITISH EUROPEAN AIRLINE AT A COST OF $100, AND THAT THE REMAINDER OF YOUR TRAVEL TO NEW YORK WAS ACCOMPLISHED BY PAN AMERICAN WORLD AIRWAYS AT GOVERNMENT EXPENSE DURING THE PERIOD MAY 15 TO 22, 1953, STOPS EN ROUTE BEING MADE AT ROME, ITALY, AND PARIS, FRANCE. THE RECORD SHOWS THAT A GOVERNMENT VESSEL WAS AVAILABLE FOR YOUR DEPENDENTS' TRAVEL FROM ISTANBUL TO THE UNITED STATES AT THAT TIME.

IT APPEARS THAT THE COUNTERPART FUNDS MENTIONED IN YOUR TRAVEL ORDERS WERE CONTRIBUTED IN TURKISH CURRENCY BY THE GOVERNMENT OF TURKEY PURSUANT TO AN AGREEMENT ENTERED INTO UNDER SECTION 113(B)(6) OF THE ECONOMIC COOPERATION ACT OF 1948, AS AMENDED. 22 U.S.C. 1513. THE COUNTERPART FUNDS MADE AVAILABLE TO THE DEPARTMENT OF THE ARMY UNDER FISCAL CODE NO. 97 FT 560 WERE TRANSFERRED UNDER AUTHORITY CONTAINED IN SECTION 521 OF THE MUTUAL SECURITY ACT OF 1951, 65 STAT. 384.

REGULATIONS GOVERNING THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE TO AND FROM THE UNITED STATES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 7002-1B OF WHICH STATES THAT SUCH TRAVEL "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE." SINCE A GOVERNMENT VESSEL WAS AVAILABLE FOR YOUR DEPENDENTS' TRAVEL TO THE UNITED STATES FROM ISTANBUL, YOU ARE NOT ENTITLED TO REIMBURSEMENT OF THE COST OF THEIR TRANSPORTATION BY COMMERCIAL AIRCRAFT TO ATHENS. WHILE THE CITED DEPTAR MESSAGE OF MAY 2, 1952, MAY BE APPLIED AS MODIFYING EXISTING ARMY REGULATIONS RESTRICTING THE USE OF COMMERCIAL AIR TRANSPORTATION FOR MEMBERS OF THE ARMY, THIS OFFICE KNOWS OF NO PROVISION OF LAW WHICH RECOGNIZES THAT AN ADMINISTRATIVE DIRECTION FOR THE USE OF COUNTERPART FUNDS FOR PAYMENT OF TRAVEL EXPENSES HAS THE EFFECT OF INCREASING THE TRAVEL BENEFITS OVER THOSE PROVIDED BY LAW AND APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. ON THAT BASIS, NO AUTHORITY IS FOUND FOR THE TRANSPORTATION OF YOUR DEPENDENTS BY COMMERCIAL AIRCRAFT AT GOVERNMENT EXPENSE FROM ISTANBUL TO THE UNITED STATES, WHEN GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THEIR TRAVEL.

UNLESS IT CAN BE SHOWN THAT THE COST ALREADY INCURRED BY THE GOVERNMENT IN TRANSPORTING YOU AND YOUR DEPENDENTS FROM ATHENS TO THE UNITED STATES BY COMMERCIAL AIRCRAFT IS LESS THAN IT WOULD HAVE COST TO HAVE TRANSPORTED YOU DIRECTLY FROM ISTANBUL TO THE UNITED STATES BY COMMERCIAL AIRCRAFT PLUS PER DIEM FOR TRAVEL TIME FROM ANKARA TO THE UNITED STATES, HAD YOUR DEPENDENTS TRAVELED BY AVAILABLE GOVERNMENT VESSEL FROM ISTANBUL TO THE UNITED STATES, NO AMOUNT MAY BE ALLOWED ON YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.