B-128894, SEP. 26, 1956

B-128894: Sep 26, 1956

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GANE: FURTHER REFERENCE IS MADE TO YOUR LETTER. YOU WERE AUTHORIZED TO TRAVEL FROM ATHENS. YOU WERE AUTHORIZED REIMBURSEMENT FOR CONSTRUCTIVE TRAVEL EXPENSES BY A DIRECT ROUTE IN THE AMOUNT OF $9.45 SINCE THE DEVIATION FROM THE DIRECT ROUTE WAS FOR YOUR PERSONAL CONVENIENCE. THAT AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES GOVERNMENT IN THE AMOUNT OF $120 BECAUSE OF A TRAVEL ADVANCE MADE TO YOU. THAT TICKETS ISSUED TO ME BY THE ATHENS TRAVEL BUREAU AND THE ROUTE WHICH THEY ESTABLISHED WERE IN ERROR AND NO FAULT IS ASSUMED BY MYSELF. "2. THE ROUTE ESTABLISHED WAS AN APPROVED ONE BY THE AMERICAN EMBASSY. THAT I WAS INFECTED BY SEVERE BRONCHITIS WHILE TRAVELING AND WAS GROUNDED ON DOCTOR'S ORDERS.

B-128894, SEP. 26, 1956

TO MR. WILLIAM J. GANE:

FURTHER REFERENCE IS MADE TO YOUR LETTER, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JUNE 29, 1956, WHICH DISALLOWED PART OF YOUR CLAIM FOR TRAVEL EXPENSES INCIDENT TO TRANSFER OF OFFICIAL STATION.

BY DEPARTMENT OF STATE AUTHORIZATION OF OFFICIAL TRAVEL NO. 5-14045, DATED OCTOBER 22, 1954, YOU WERE AUTHORIZED TO TRAVEL FROM ATHENS, GREECE, TO LONDON, ENGLAND, UPON A PERMANENT CHANGE OF STATION. BY CERTIFICATE OF SETTLEMENT DATED JUNE 29, 1956, YOU WERE AUTHORIZED REIMBURSEMENT FOR CONSTRUCTIVE TRAVEL EXPENSES BY A DIRECT ROUTE IN THE AMOUNT OF $9.45 SINCE THE DEVIATION FROM THE DIRECT ROUTE WAS FOR YOUR PERSONAL CONVENIENCE. THAT AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES GOVERNMENT IN THE AMOUNT OF $120 BECAUSE OF A TRAVEL ADVANCE MADE TO YOU, LEAVING A BALANCE DUE OF $110.55.

YOU REQUEST RECONSIDERATION OF THE MATTER ON THE FOLLOWING GROUNDS:

"1. THAT TICKETS ISSUED TO ME BY THE ATHENS TRAVEL BUREAU AND THE ROUTE WHICH THEY ESTABLISHED WERE IN ERROR AND NO FAULT IS ASSUMED BY MYSELF.

"2. THE ROUTE ESTABLISHED WAS AN APPROVED ONE BY THE AMERICAN EMBASSY, ATHENS.

"3. THAT I WAS INFECTED BY SEVERE BRONCHITIS WHILE TRAVELING AND WAS GROUNDED ON DOCTOR'S ORDERS. MEDICAL EVIDENCE SUBMITTED IN THE FORM OF A STATEMENT BY A RELIABLE GERMAN PHYSICIAN WAS PLACED ON FILE AT THE AMERICAN EMBASSY, LONDON.'

THERE IS ON FILE A MEMORANDUM DATED DECEMBER 4, 1954, FROM THE AMERICAN EMBASSY IN ATHENS, GREECE, TO THE AMERICAN EMBASSY IN LONDON, ENGLAND, WHICH STATES THAT:

"THE MISSION IS WELL AWARE OF THE FACT THAT MR. GANE AND HIS MOTHER COULD HAVE TAKEN BEA 131 ON NOVEMBER 3 FROM ATHENS TO LONDON VIA ROME. HOWEVER, MR. GANE DID NOT DESIRE TO PROCEED DIRECTLY TO HIS NEW POST OF ASSIGNMENT AND WAS VERY INSISTENT UPON MAKING A TOUR THROUGH GERMANY BEFORE REPORTING FOR DUTY AT LONDON. THE ROUTING ATHENS/ROME/MUNICH/DUSSELDORF/LONDON WAS AT HIS OWN REQUEST AND FOR HIS PERSONAL CONVENIENCE. COST OF PLANE TICKETS WAS THE SAME AS FOR THE BEA FLIGHT, SO THE MISSION WAS ABLE TO ISSUE THE T.R. FOR THE MORE CIRCUITOUS ROUTE AT NO EXTRA COST TO THE UNITED STATES GOVERNMENT.

"IN MAKING HIS TRAVEL PLANS, MR. GANE SPENT CONSIDERABLE TIME IN CONSULTING WITH THE TRAVEL CLERK ON EVERY CONCEIVABLE ROUTING AND COMBINATION OF ROUTINGS VIA GERMANY, INCLUDING TRAIN SCHEDULES FROM DUSSELDORF TO FRANKFURT. HE INSISTED THAT HIS SPACE BE BOOKED FROM ATHENS TO ROME ONLY AND THAT THE PORTION OF THE FLIGHT FROM ROME TO LONDON BE LEFT AS AN OPEN DATE TICKET. BEA ATHENS CONFIRMS THAT MR. GANE COULD HAVE HAD RESERVATIONS STRAIGHT THROUGH FROM ATHENS TO LONDON ON THE DAY OF HIS DEPARTURE, AS INDICATED BY THE ATTACHED CERTIFICATE.

"BEFORE MR. GANE MADE DEFINITE TRAVEL PLANS, HE WAS FULLY INFORMED ON FOREIGN SERVICE TRAVEL REGULATIONS AND EMPHATICALLY TOLD THAT ANY TRAVEL HE PERFORMED THAT WAS NOT THE MOST DIRECT AND USUALLY TRAVELED ROUTE WOULD BE AT HIS OWN EXPENSE AND PER DIEM IN EXCESS OF DIRECT TRAVEL TIME WOULD BE DISALLOWED.'

THERE IS ALSO A LETTER ON FILE DATED NOVEMBER 6, 1954, FROM THE BRITISH EUROPEAN AIRWAYS WHICH STATES THAT WHEN APPLICATION WAS MADE FOR RESERVATIONS FROM ATHENS TO ROME FOR YOU AND YOUR MOTHER, SPACE WAS AVAILABLE FOR THE BOTH OF YOU TO FLY DIRECT FROM ATHENS TO LONDONON THE 3RD OF NOVEMBER AS WELL AS ON THE 4TH AND 5TH OF NOVEMBER 1954.

SINCE THE RECORDS SHOW THAT THERE WERE AVAILABLE ACCOMMODATIONS FOR DIRECT TRAVEL BY AIR FOR YOU AND YOUR MOTHER ON THE DATE YOU COMMENCED THE TRAVEL IN QUESTION AND THE INDIRECT ROUTE TAKEN BY YOU AS FOR PERSONAL CONVENIENCE, THERE IS NO AUTHORITY FOR THE GOVERNMENT TO PAY ANY ADDITIONAL AMOUNT FOR INCIDENTAL EXPENSES THAT YOU MAY HAVE INCURRED AS A CONSEQUENCE OF INDIRECT TRAVEL.

IN VIEW OF THE FOREGOING, IT MUST BE CONCLUDED THAT THE ACTION TAKEN WITH RESPECT TO YOUR CLAIM IS CORRECT AND, UPON REVIEW, MUST BE SUSTAINED.