B-126046, MAR. 15, 1956

B-126046: Mar 15, 1956

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WHICH WAS DISALLOWED BY A SETTLEMENT DATED JULY 23. YOU WERE TRANSFERRED FROM YOUR STATION IN GREECE TO THE PERSONNEL CENTER. YOU WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 16. TRAVEL BY MILITARY AIRCRAFT OR COMMERCIAL STEAMSHIP WAS AUTHORIZED. "EXCEPT THAT ACTUAL AND NECESSARY EXPENSES WHILE TRAVELING BY SS WILL BE PD PAC AR35- 4820. THE COST OF THE TRAVEL IS STATED TO BE CHARGEABLE TO GREEK AIR FUNDS. THESE REGULATIONS ARE APPLICABLE ONLY TO THE TRAVEL OF OFFICERS. FOR WHICH REIMBURSEMENT MAY BE MADE ARE CONSIDERED IN ARMY REGULATIONS 35-4810. NO PROVISION IS MADE IN THESE LATTER REGULATIONS FOR THE PAYMENT OF THE EXPENSES INCURRED BY YOU IN YOUR TRAVEL FROM ATHENS TO NEW YORK. AFTER YOUR TRAVEL WAS PERFORMED THE REGULATIONS WERE CHANGED TO ALLOW REIMBURSEMENT OF CERTAIN ACTUAL AND NECESSARY EXPENSES INCURRED BY AN ENLISTED MAN WHILE ON SEA TRAVEL.

B-126046, MAR. 15, 1956

TO MASTER SERGEANT PAUL C. GARIN, RA19,276,456:

YOUR LETTER OF OCTOBER 18, 1955, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED WHILE ABOARD SHIP TRAVELING BETWEEN ATHENS, GREECE, AND NEW YORK DURING THE PERIOD APRIL 17 TO MAY 6, 1949, WHICH WAS DISALLOWED BY A SETTLEMENT DATED JULY 23, 1953, OF OUR CLAIMS DIVISION.

IT APPEARS THAT BY SPECIAL ORDERS NO. 26, DATED MARCH 31, 1949, OF HEADQUARTERS, U.S. ARMY GROUP, GREECE, YOU WERE TRANSFERRED FROM YOUR STATION IN GREECE TO THE PERSONNEL CENTER, CAMP KILMER, NEW JERSEY. YOU WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 16, 1949, AND TRAVEL BY MILITARY AIRCRAFT OR COMMERCIAL STEAMSHIP WAS AUTHORIZED. THE ORDERS ALSO PROVIDED THAT PER DIEM AND STATION ALLOWANCES WOULD BE PAID,"EXCEPT THAT ACTUAL AND NECESSARY EXPENSES WHILE TRAVELING BY SS WILL BE PD PAC AR35- 4820, AS AMENDED.' THE COST OF THE TRAVEL IS STATED TO BE CHARGEABLE TO GREEK AIR FUNDS. THE SUBMITTED VOUCHER STATES THAT YOU DEPARTED FROM ATHENS, GREECE, ON APRIL 17, 1949, ON THE AMERICAN EXPORT LINE STEAMSHIP EXCAMBION AND ARRIVED IN NEW YORK ON MAY 6, 1948, AND THAT YOU INCURRED THE FOLLOWING ACTUAL AND NECESSARY EXPENSES: TIPS FOR MEALS $16.10; LAUNDRY $32.40; PRESSING OF CLOTHS $20; PORTER TIPS $10; STEAMER CHAIR $8; BAGGAGE HANDLING $4, AND TAXI FARE $6, TOTALING $96.50.

WHILE YOUR ORDERS RECITED THAT YOUR ACTUAL AND NECESSARY EXPENSES WOULD BE PAID UNDER AUTHORITY OF ARMY REGULATIONS 35-4820, AS AMENDED, THESE REGULATIONS ARE APPLICABLE ONLY TO THE TRAVEL OF OFFICERS. THE TRAVEL EXPENSES OF ENLISTED MAN, AT THE TIME HERE INVOLVED, FOR WHICH REIMBURSEMENT MAY BE MADE ARE CONSIDERED IN ARMY REGULATIONS 35-4810, DATED JUNE 1, 1948. NO PROVISION IS MADE IN THESE LATTER REGULATIONS FOR THE PAYMENT OF THE EXPENSES INCURRED BY YOU IN YOUR TRAVEL FROM ATHENS TO NEW YORK. AFTER YOUR TRAVEL WAS PERFORMED THE REGULATIONS WERE CHANGED TO ALLOW REIMBURSEMENT OF CERTAIN ACTUAL AND NECESSARY EXPENSES INCURRED BY AN ENLISTED MAN WHILE ON SEA TRAVEL, BUT THAT CHANGE HAD NO RETROACTIVE EFFECT AND CANNOT BE CONSIDERED AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. HENCE, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF JULY 23, 1953, MUST BE SUSTAINED.

IN YOUR LETTER YOU REQUEST THE RETURN OF THE VOUCHER SUBMITTED AS A CLAIM AND ALSO QUESTION WHETHER OR NOT YOU WERE ENTITLED TO TRANSPORTATION AND SUBSISTENCE FROM THE PORT OF DEBARKATION TO YOUR DUTY STATION. THE VOUCHER CANNOT BE RETURNED TO YOU SINCE IT WAS A PART OF YOUR CLAIM AND HAS NOW BECOME A PART OF THE PERMANENT RECORDS OF OUR OFFICE. HOWEVER, A COPY OF YOUR SIGNED VOUCHER IS ENCLOSED. RESPECTING THE MATTER OF TRAVEL OR SUBSISTENCE EXPENSES FROM NEW YORK TO CAMP KILMER YOU ARE ADVISED THAT THE PRESENT RECORD DOES NOT CONTAIN SUFFICIENT INFORMATION TO DETERMINE YOUR RIGHT TO SUCH ITEMS.