B-120946, OCT. 13, 1955

B-120946, OCT. 13, 1955

TO MR. L. V. PEART, AUDITOR OF GENERAL AND STATION ACCOUNTS, UNION PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR FILE GP 23809 WHICH IS IN EFFECT A REQUEST FOR REVIEW OF THE SETTLEMENT PER CLAIM TK 066285, DATED AUGUST 30, 1949, DISALLOWING YOUR CLAIM FOR $158.40 ADDITIONAL TO THE AMOUNT PREVIOUSLY PAID FOR TRANSPORTATION FURNISHED 220 MEMBERS OF THE NAVY FROM SAN PEDRO, CALIFORNIA, TO HITCHCOCK, TEXAS, UNDER TRANSPORTATION REQUESTS N 7,434,367, N 7,434,369, AND N 7,343,371 IN OCTOBER 1945.

FOR THIS SERVICE YOU CLAIMED CHARGES ORIGINALLY ON THE BASIS OF A NET FARE OF $32.53 PER CAPITA AND PAYMENT WAS MADE ACCORDINGLY BY A NAVY DISBURSING OFFICER. IN THE AUDIT OF THE PAYMENT VOUCHER IT WAS DETERMINED THAT THE ALLOWABLE CHARGES SHOULD BE COMPUTED ON THE BASIS OF A NET FARE OF $31.85 PER CAPITA AVAILABLE VIA A ROUTE THROUGH LOS ANGELES, CALIFORNIA; ALBUQUERQUE, NEW MEXICO; LA JUNTA, COLORADO; AND PURCELL, OKLAHOMA. YOU REFUNDED THE INDICATED OVERPAYMENT OF $149.60 BUT THEREAFTER CLAIMED THE ADDITIONAL AMOUNT OF $158.40 ON THE BASIS OF A NET FARE OF $32.57 PER CAPITA, AND THIS CLAIM WAS DISALLOWED IN SETTLEMENT TK 066285. IN YOUR REQUEST FOR REVIEW YOU REFER TO "USUALLY TRAVELED ROUTE COMMITTEE" DECISION NO. 4483, DATED APRIL 2, 1953, EXPRESSING THE OPINION OF THE COMMITTEE TO THE EFFECT THAT THE ROUTE FROM SAN PEDRO TO HITCHCOCK ,VIA UN PAC LOS ANGELES, AT AND SF (VIA LA JUNTA AND PURCELL), WAS NOT A USUALLY TRAVELED ROUTE FOR SPECIAL TRAIN MILITARY TRAFFIC UNDER THE SCHEDULES IN EFFECT IN OCTOBER 1945.'

IT HAS BEEN NOTED, HOWEVER, THAT IN COMMITTEE DECISIONS, DATED MARCH 28, 1950, NO. 2025, NO. 2026, AND NO. 2029, THE CHAIRMAN, USUALLY TRAVELED ROUTE COMMITTEE, ADVISED THE CHAIRMAN, WESTERN MILITARY BUREAU, THAT IN THE OPINION OF THE COMMITTEE THE ROUTE FROM OAKLAND, CALIFORNIA, TO SAN ANTONIO (FORT SAM HOUSTON), TEXAS,"VIA SP LOS ANGELES, AT AND SF (VIA LA JUNTA AND PURCELL) MILANO, THENCE IGN, WAS A USUALLY TRAVELED ROUTE FOR SPECIAL TRAIN (SLEEPER) MILITARY TRAFFIC" IN JULY 1946, SEPTEMBER 1946, AND AUGUST 1946, RESPECTIVELY. THERE DOES NOT APPEAR TO BE ANY ESSENTIAL DIFFERENCE IN THE SITUATION WITH RESPECT TO THE TRAVEL HERE INVOLVED AND THAT REFERRED TO IN THE CITED USUALLY TRAVELED ROUTE COMMITTEE LETTERS DATED MARCH 28, 1950. ON THE BASIS OF THIS RECORD, THEREFORE, THERE IS NO APPARENT REASON WHY THE NET FARES FOR THE TRANSPORTATION UNDER REQUESTS N 7,434,367, N 7,434,369, AND N 7,434,371 WERE NOT PROPERLY FOR COMPUTATION ON THE BASIS OF THE ROUTE THROUGH LOS ANGELES, LA JUNTA, AND PURCELL. SETTLEMENT TK 066285 IS CONSISTENT WITH THIS BASIS AND, ACCORDINGLY, IS SUSTAINED.