B-128181, JUL. 20, 1956

B-128181, JUL. 20, 1956

TO MR. JAMES E. BLOWER:

WE REFER TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 4, 1956, WHICH DISALLOWED YOUR CLAIM FOR $8.29, REPRESENTING AN ADDITIONAL AMOUNT ALLEGED TO BE DUE FOR REIMBURSEMENT OF TRAVEL EXPENSES FROM WASHINGTON, D.C., TO NORFOLK, VIRGINIA, AND RETURN, INCIDENT TO TEMPORARY DUTY AT THE LATTER CITY AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

TRAVEL ORDER NO. 980/1707, DATED JUNE 13, 1955, AUTHORIZED YOU TO PERFORM THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT THE RATE OF $0.07 PER MILE, PLUS PER DIEM AT THE RATE OF $9 PER DAY FOR THE TRIP, THE COST THEREOF NOT TO EXCEED THAT BY USUAL PUBLIC MEANS OF TRANSPORTATION.

YOU WERE ADMINISTRATIVELY ALLOWED THE SUM OF $66.40, COMPUTED AS FOLLOWS:

"R/T NET STEAMER- DC TO NORFOLK 9.00

MIN- STATEROOM (2.50) 5.00

EST CABS 18.25

R/T FERRY- NORFOLK TO NEWPORT NEWS .40

PER DIEM VIA STEAMER 33.75

66.40

6/21 1/2 AT 9.00 4.50

6/22-6/24 3 AT 9.00 27.00

6/25 1/4 AT 9.00 2.25

EXCESS $11.45"

IN YOUR REQUEST FOR REVIEW YOU URGE THAT THE COST OF TRAVEL BY STEAMER ALLOWED IN DETERMINING THE CONSTRUCTIVE COST OF THE TRAVEL WAS IMPROPER SINCE THE ONLY STEAMER IN OPERATION WAS ON AN ALTERNATE DAILY SCHEDULE AT THE TIME; THAT, THEREFORE, IT WOULD NOT HAVE BEEN AVAILABLE FOR YOUR OUTWARD JOURNEY ON JUNE 22, 1955 AS REQUIRED.

THE INFORMATION FURNISHED OUR OFFICE BY THE STEAMSHIP COMPANY IS TO THE SAME EFFECT AS THE STATEMENT MADE IN YOUR LETTER RELATIVE TO THE AVAILABILITY OF THE STEAMER. HOWEVER, IT APPEARS THAT THE TRAVEL COULD HAVE BEEN PERFORMED BY RAIL WITHIN THE SCHEDULE REQUIRED BY YOUR DUTIES AT A COST OF $15.78, THUS ENTITLING YOU TO THE AMOUNT OF $1.78, REPRESENTING THE DIFFERENCE BETWEEN THE COST OF TRAVEL BY BOAT AND THAT BY RAIL, IN ADDITION TO AMOUNTS ADMINISTRATIVELY ALLOWED.

NO ADDITIONAL ALLOWANCES MAY BE MADE FOR CONSTRUCTIVE TAXICAB FARES IN WASHINGTON, D.C., SINCE WE HAVE NO INFORMATION AS TO WHAT SUCH FARES WOULD HAVE BEEN HAD TRAVEL BEEN PERFORMED BY RAIL OR WHETHER SUCH FARES WERE INCLUDED IN THE ESTIMATE OF THE DEPARTMENT ALLOWING TAXICAB FARES IN THE AMOUNT OF $18.25.

CONCERNING YOUR VIEW THAT OUR ALLOWANCE SHOULD BE BASED ON THE USE OF YOUR AUTOMOBILE, YOUR TRAVEL ORDER LIMITED THE AGGREGATE COST TO THAT NOT EXCEEDING THE COST BY COMMON CARRIER, INCLUDING SAVINGS IN PER DIEM. THUS, WE ARE WITHOUT AUTHORITY TO ALLOW AN ADDITIONAL AMOUNT BECAUSE OF THE USE OF YOUR AUTOMOBILE. COMPARE 29 COMP. GEN. 193.

ACCORDINGLY, OTHER THAN THE ITEM OF $1.78 FOR WHICH SETTLEMENT WILL ISSUE IN DUE COURSE, OUR SETTLEMENT OF APRIL 4, 1956, IS CORRECT AND MUST BE SUSTAINED.

THE ENCLOSURES TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH AS SUGGESTED.