B-128385, AUG. 27, 1956

B-128385: Aug 27, 1956

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MCGRATH: REFERENCE IS MADE TO YOUR LETTERS OF JUNE 6 AND AUGUST 8. YOUR CLAIM WAS DISALLOWED FOR THE STATED REASONS THAT SINCE NO ORDERS WERE ISSUED AUTHORIZING YOU TO TRAVEL FROM SAN FRANCISCO. YOUR TRAVEL WAS FOR PERSONAL REASONS. THERE IS NO AUTHORITY FOR PAYMENT OF THE CLAIM. 123 AND 132 REFUTE" THE STATEMENT IN OUR SETTLEMENT THAT NO ORDERS WERE ISSUED AUTHORIZING YOUR TRAVEL TO NEW YORK. YOU STATE THAT YOU HAVE NOT RECEIVED PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSE INCURRED FOR SHIPMENT OF HOUSEHOLD GOODS. WHICH CLAIM WE ADVISED YOU WAS BEING HANDLED BY THE TRANSPORTATION DIVISION. YOU WERE AUTHORIZED BY THE ABOVE ORDERS LO-PCP-118 AND LO-PCP- 119 TO PROCEED FROM YOUR OVERSEAS POST OF DUTY TO SAN FRANCISCO (YOUR POINT OF HIRE) FOR 30 DAY'S REEMPLOYMENT LEAVE.

B-128385, AUG. 27, 1956

TO MR. JOHN E. MCGRATH:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 6 AND AUGUST 8, 1956, AND ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 3, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FROM JUNE 12 TO JUNE 27, 1953, AND REIMBURSEMENT FOR EXPENSES INCURRED FOR TRAVEL PERFORMED FROM NEW YORK, NEW YORK, TO SAN FRANCISCO, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED FOR THE STATED REASONS THAT SINCE NO ORDERS WERE ISSUED AUTHORIZING YOU TO TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO NEW YORK, NEW YORK, AND RETURN, AND YOUR TRAVEL WAS FOR PERSONAL REASONS, THERE IS NO AUTHORITY FOR PAYMENT OF THE CLAIM. IN YOUR REQUEST FOR REVIEW YOU SAY THAT YOU DID NOT CLAIM PER DIEM FOR THE PERIOD JUNE 12 TO JUNE 27, 1953, AND THAT ,LETTER ORDERS LO-PCP 118, 119, 122, 123 AND 132 REFUTE" THE STATEMENT IN OUR SETTLEMENT THAT NO ORDERS WERE ISSUED AUTHORIZING YOUR TRAVEL TO NEW YORK. ALSO, YOU STATE THAT YOU HAVE NOT RECEIVED PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSE INCURRED FOR SHIPMENT OF HOUSEHOLD GOODS, WHICH CLAIM WE ADVISED YOU WAS BEING HANDLED BY THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA.

THE RECORD SHOWS THAT HAVING COMPLETED AN AGREED PERIOD OF OVERSEAS SERVICE AS SPECIFIED IN AN EMPLOYMENT AGREEMENT WITH THE DEPARTMENT OF THE AIR FORCE, YOU WERE AUTHORIZED BY THE ABOVE ORDERS LO-PCP-118 AND LO-PCP- 119 TO PROCEED FROM YOUR OVERSEAS POST OF DUTY TO SAN FRANCISCO (YOUR POINT OF HIRE) FOR 30 DAY'S REEMPLOYMENT LEAVE. THE ORDERS AUTHORIZED NEW YORK AS AN ALTERNATE DESTINATION, BUT PROVIDED THAT COSTS OF ANY TRANSPORTATION IN EXCESS OF COSTS TO SAN FRANCISCO WERE TO BE BORNE BY YOU. TRAVEL ORDERS NO. LO-PCP-122 AND LO-PCP-123, DATED APRIL 14, 1953, REFERRED TO IN YOUR LETTER, PERTAIN TO TRAVEL OF YOUR WIFE. TRAVEL ORDER NO. LOC-PCP-132, PURPORTING TO AMEND ORDER NO. LO PCP-119, WAS ISSUED ON APRIL 27, 1953, AND PROVIDES IN PERTINENT PART AS FOLLOWS:

"3. SMOP 1, LO-PCP-119, THIS HQ CS. PERTAINING TO MR JOHN E MCGRATH AS READS: "AUTH TO PROCEED FR NEW YORK, N.Y. TO POE PROVIDED COST OF TRANS IN EXCESS FR SAN FRANCISCO, CALIF (POH) TO POE IS BORNE BY THE EMPL.' AMENDED TO READ: "THE ABOVE NAMED DAFC, UPON COMPL OF NOT MORE THAN 30 CALENDAR DAYS REEMPLOYMENT LV IN THE US, IS AUTH AND DIR TO PROCEED AT GOVT EXPENSE FR NEW YORK, N.Y. UPON RECEIPT OF PORT CALL TO POE INDICATED FOR FURTHER MV TO YOKOHAMA, JAPAN, REPORTING UPON ARR TO AF CIV PERS REP.'"

HOWEVER, IN CONNECTION WITH THE QUOTED PORTION OF THE AMENDING ORDER DATED APRIL 27, 1953, YOU ARE ADVISED THAT YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE OVERSEAS WAS UNDER AN AGREEMENT PROVIDING FOR RETURN TRANSPORTATION TO YOUR PLACE OF RESIDENCE AT GOVERNMENT EXPENSE. THIS PROVISION WAS BASED UPON 5 U.S.C. 73B-3, PROVIDING IN PERTINENT PART AS FOLLOWS:

"APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THEIR POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES * * *.'

SINCE SAN FRANCISCO, CALIFORNIA, IS SHOWN IN THE RECORD TO BE YOUR ACTUAL PLACE OF RESIDENCE UPON RECRUITMENT, AND YOU WERE NOT ORDERED BY THE DEPARTMENT OF THE AIR FORCE TO PERFORM OFFICIAL GOVERNMENT DUTIES IN NEW YORK, THERE WAS NO LEGAL AUTHORITY FOR THE AMENDING ORDERS OF APRIL 27, 1953, AND YOU ARE PRECLUDED BY THE ABOVE PROVISIONS OF LAW FROM RECEIVING REIMBURSEMENT AT GOVERNMENT EXPENSE FOR THE TRAVEL FROM NEW YORK TO SAN FRANCISCO.

CONCERNING YOUR STATEMENT THAT YOU DID NOT CLAIM PER DIEM FOR THE PERIOD JUNE 12 TO 27, 1953, YOU ARE ADVISED THAT THERE IS BEFORE OUR OFFICE A TRAVEL VOUCHER--- APPEARING TO HAVE BEEN SIGNED BY YOU--- MAKING CLAIM FOR "TRAVEL AND OTHER EXPENSES IN THE DISCHARGE OF OFFICIAL DUTY FROM 26 MAY 53 TO 11 JUL 53 UNDER AUTHORITY NO. LO-PCP 119 DATED 10 APR 53.' ON THE REVERSE SIDE OF THE VOUCHER, UNDER THE HEADING "SCHEDULE OF EXPENSES AND AMOUNTS CLAIMED" THERE APPEARS TO THE FOLLOWING INFORMATION:

TABLE

"REPORTING DATE TO FT.MASON WAS 15 JUNE AS PER INFO FURNISHED

BY EMPLOYEE.

DEP NY 2100 12 JUN

ARR SF 0950 15 JUN

BREAKDOWN OF COMPUTATION 12 JUN 3/24 OF $9.00

13-26 14 DAYS

27 12/24 OF $9.00

PER DIEM 14 15/24 DAYS AT $9.00 131.63

TRANSPORTATION OF HOUSEHOLD GOODS 25.78 TRAVEL BY

PRIVATE AUTOMOBILE 130.90 *******

$288.30

******* COST TO THE GOV-T FOR TRAVEL BY RAIL FROM NY-SF

1ST CLASS 101.99

LOWER BERTH 28.90"

THIS INFORMATION WAS VIEWED AS CONSTITUTING A CLAIM FOR PER DIEM AND FORMED THE BASIS OF THE STATEMENT TO THAT EFFECT IN OUR SETTLEMENT.

UPON REVIEW, OUR SETTLEMENT OF APRIL 3, 1956, DISALLOWING YOUR CLAIM FOR PER DIEM AND TRAVEL FROM NEW YORK TO SAN FRANCISCO APPEARS TO HAVE BEEN CORRECT AND IT IS SUSTAINED.

REGARDING YOUR CLAIM FOR TRANSPORTATION OF YOUR HOUSEHOLD GOODS, IT IS SUGGESTED THAT IN THE EVENT YOU HAVE NOT YET BEEN ADVISED AS TO A FINAL DETERMINATION IN THE MATTER YOU COMMUNICATE WITH THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, AT THE ADDRESS SHOWN ABOVE.