B-121059, JAN 4, 1955

B-121059: Jan 4, 1955

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BURKE: REFERENCE IS MADE TO YOUR LETTER OF JUNE 11. IT IS NOTED THAT WHILE AT BUENOS AIRES A PICKPOCKET RELIEVED YOU OF YOUR SPECIAL PASSPOST. ACTION UPON YOUR APPLICATION WAS WITHHELD PENDING THE RECEIPT OF EVIDENCE OR PROOF OF THE OVERSEAS ASSIGNMENT REQUIRING SUCH PASSPORT. SPECIAL PASSPORT NO. 62037 WAS ISSUED ON JUNE 16 AND FORWARDED TO YOU AT SONORA. THE BALANCE OF YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE DELAYS ON ACCOUNT OF THE LOSS OF YOUR PASSPORT IN BUENOS AIRES WERE DETERMINED TO HAVE BEEN DUE TO YOUR FAILURE TO EXERCISE PROPER PRECAUTIONS. INCLUDING DELAYS OCCASIONED BY CIRCUMSTANCES OVER WHICH THE TRAVELER HAS NO CONTROL AND WHICH REASONABLY COULD NOT HAVE BEEN AVOIDED.

B-121059, JAN 4, 1955

PRECIS-UNAVAILABLE

MR. WILLIAM T. BURKE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 11, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 15, 1954, WHICH DISALLOWED $683.37 OF YOUR CLAIM FOR $717, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD MARCH 9 TO JUNE 28, 1952, INCIDENT TO YOUR TRANSFER FROM MONTEVIDEO, URUGUAY, TO WELLINGTON, NEW ZEALAND, PURSUANT TO TRAVEL AUTHORIZATION DATED JANUARY 29, 1952.

THE VOUCHER SHOWS THAT YOU DEPARTED FROM MONTEVIDEO, URUGUAY, BY PLANE AT 12:30 P.M. MARCH 9; ARRIVED AT BUENOS AIRES, ARGENTINA, AT 1:30 P.M. THE SAME DAY; DEPARTED FROM BUENOS AIRES AT 2 P.M. MARCH 15; AND ARRIVED AT YOUR HOME, SONORA, CALIFORNIA, IN THE AFTERNOON OF MARCH 17, WHERE YOU REMAINED IN A LEAVE STATUS UNTIL APRIL 14. YOU DEPARTED FROM SONORA, CALIFORNIA, AT 9:30 A.M. APRIL 14; ARRIVED AT SAN FRANCISCO AT 1:30 P.M. THE SAME DAY; DEPARTED FROM SAN FRANCISCO ON JUNE 24 AND ARRIVED AT WELLINGTON, NEW ZEALAND - YOUR NEW DUTY STATION AT 12:30 A.M. JUNE 28, 1952.

IT IS NOTED THAT WHILE AT BUENOS AIRES A PICKPOCKET RELIEVED YOU OF YOUR SPECIAL PASSPOST. AS A RESULT THEREOF YOU ENCOUNTERED A DELAY OF APPROXIMATELY FIVE DAYS WHILE PROCURING AN ADDITIONAL PASSPORT ENABLING YOU TO CONTINUE THE JOURNEY. ON MARCH 25, 1952, YOU FILED AN APPLICATION FOR A SPECIAL PASSPORT ENTITLING YOU TO PROCEED TO YOUR NEWLY ASSIGNED STATION AT WELLINGTON, NEW ZEALAND. HOWEVER, ACTION UPON YOUR APPLICATION WAS WITHHELD PENDING THE RECEIPT OF EVIDENCE OR PROOF OF THE OVERSEAS ASSIGNMENT REQUIRING SUCH PASSPORT. SPECIAL PASSPORT NO. 62037 WAS ISSUED ON JUNE 16 AND FORWARDED TO YOU AT SONORA, CALIFORNIA, AIR MAIL, SPECIAL DELIVERY, ON JUNE 18, 1952.

THE ABOVE-MENTIONED SETTLEMENT ALLOWED YOU PER DIEM IN THE AMOUNT OF $33.63 COMPUTED AT THE AUTHORIZED RATES FOR CONSTRUCTIVE (UNINTERRUPTED) TRAVEL DIRECT FROM YOUR OLD TO YOUR NEW DUTY STATION VIA LOS ANGELES. THE BALANCE OF YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE DELAYS ON ACCOUNT OF THE LOSS OF YOUR PASSPORT IN BUENOS AIRES WERE DETERMINED TO HAVE BEEN DUE TO YOUR FAILURE TO EXERCISE PROPER PRECAUTIONS.

THE FOREIGN SERVICE TRAVEL REGULATIONS ISSUED PURSUANT TO LAW, AUTHORIZE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING BETWEEN DUTY STATIONS, INCLUDING DELAYS OCCASIONED BY CIRCUMSTANCES OVER WHICH THE TRAVELER HAS NO CONTROL AND WHICH REASONABLY COULD NOT HAVE BEEN AVOIDED.

THE FILE BEFORE THIS OFFICE CONTAINS NO INFORMATION SHOWING THAT YOU PERFORMED ANY OFFICIAL SERVICES BETWEEN MARCH 17, THE DATE YOU ARRIVED HOME, AND JUNE 24, 1952, THE DATE YOU WERE REQUIRED TO DEPART THEREFROM IN ORDER TO OBTAIN COMMERCIAL AIR TRANSPORTATION FROM SAN FRANCISCO TO THE OVERSEAS DESTINATION. THE ADMINISTRATIVE OFFICE HAS INFORMALLY REPORTED THAT YOU WERE PAID FULL COMPENSATION FROM THE TIME YOU LEFT URUGUAY UNTIL THE DAY YOU DEPARTED FROM THE UNITED STATES FOR DUTY ABROAD. MOREOVER, NO EVIDENCE IS OF RECORD INDICATING A NECESSITY FOR YOUR EARLY DEPARTURE FROM YOUR HOME, AND YOU WERE WELL AWARE OF THE FACT THAT DEPARTURE FROM THE UNITED STATES FOR NEW ZEALAND WAS NOT POSSIBLE IN THE ABSENCE OF AN OFFICIAL PASSPORT.

IN THE CIRCUMSTANCES, ANY ADDITIONAL SUBSISTENCE EXPENSES INCURRED AT SAN FRANCISCO WHILE AWAITING THE PASSPORT MUST BE CONSIDERED AS PERSONAL. ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF PER DIEM AS CLAIMED FROM THE TIME YOU ARRIVED HOME UNTIL JUNE 24, 1952, THE DATE AND HOUR OF YOUR REQUIRED DEPARTURE FOR SAN FRANCISCO FOR AIR TRANSPORTATION TO NEW ZEALAND. HOWEVER, YOU ARE ENTITLED TO PER DIEM FOR THE UNAVOIDABLE DELAY ENCOUNTERED IN BUENOS AIRES. THE PER DIEM ALLOWABLE IS AS FOLLOWS:

DATE PER DIEM DAYS RATE AMOUNT

1952

3-9 DEPART MONTEVIDEO 4:45 P.M. 1/4 $6 $ 1.50

" ARRIVE BUENOS AIRES 5:40 P.M. 1/4 9 2.25

3-10-14 IN BUENOS AIRES - LOST PASSPORT 5 9 45.00

3-15 DEPART BUENOS AIRES 2 P.M. 3/4 9 6.75

" EN ROUTE VIA AIR TO UNITED STATES 1/4 6 1.50

3-16 ARRIVE LOS ANGELES 7:30 P.M. 1 6 6.00

3-17 DEPART LOS ANGELES 7 A.M. )

" ARRIVE SAN FRANCISCO 8:40 A.M. ) 1 9 9.00

" DEPART SAN FRANCISCO 10:15 A.M. )

" ARRIVE SONORA, CALIFORNIA, 5:33 P.M. )

6-24 DEPART SONORA, CALIFORNIA (BUS) 8:28 A.M.)

" ARRIVE SAN FRANCISCO 2:30 P.M. ) 3/4 9 6.75

" DEPART SAN FRANCISCO (PLANE) 10:59 P.M. )

1952

6-27 ARRIVE AUCKLAND, NEW ZEALAND 8 A.M. )

" DEPART AUCKLAND, NEW ZEALAND 8:35 A.M. )*1 1/2$6 9.00

" ARRIVE WELLINGTON, NEW ZEALAND 11:50 A.M.)

PER DIEM ALLOWABLE $87.75

AMOUNT PAID BY PRIOR SETTLEMENT 33.63

BALANCE DUE 54.12

*ONE DAY DEDUCTED, CROSSING INTERNATIONAL DATE LINE

ACCORDINGLY, UPON THE PRESENT RECORD, THE SETTLEMENT OF APRIL 15, 1954, WILL BE REVISED AS HEREINABOVE INDICATED, AND A CHECK FOR THE ADDITIONAL SUM ($54.12) FOUND TO BE DUE WILL ISSUE IN DUE COURSE.