B-131401, SEP. 27, 1957

B-131401: Sep 27, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IN THE SETTLEMENT WE STATED THAT THE RECORD SHOWS YOUR SERVICES AT FRANKFURT WERE TERMINATED ON AUGUST 1. THAT YOU WERE NOT ELIGIBLE FOR TRANSPORTATION TO THE UNITED STATES AT GOVERNMENT EXPENSE. YOU SAY THAT YOUR TERMINATION WAS "BY A REDUCTION IN FORCE" AND THAT YOU HAD RETURNED TO THE UNITED STATES PRIOR TO AUGUST 1. THAT REGARD WE ARE INFORMED THAT THE REDUCTION IN FORCE ACTION WAS INITIATED AND WAS BEING PROCESSED AT THE SAME TIME YOU WERE UNDER INVESTIGATION AND YOU WERE NOT ELIGIBLE FOR RETURN TRANSPORTATION AT GOVERNMENT EXPENSE UNTIL ACTION ON THE CHARGES WERE DISPOSED OF. IT IS REPORTED. WAS ADMITTED BY YOU IN A STATEMENT TO THE CRIMINAL INVESTIGATION DIVISION ON MAY 18. THE DEPARTMENT HAS REPORTED THAT TRAVEL ORDERS WHICH YOU FAILED TO USE FOR TRANSPORTATION ON AVAILABLE GOVERNMENT FACILITIES FOR YOUR RETURN TO THE UNITED STATES WERE PREPARED BY OVERSEAS PERSONNEL WHO WERE UNAWARE OF THE CRIMINAL INVESTIGATION IN PROCESS AT THE TIME.

B-131401, SEP. 27, 1957

TO MR. CHARLES G. HEDGES:

IN YOUR LETTER OF MARCH 18, 1957, YOU PROTEST THAT PART OF OUR SETTLEMENT OF MARCH 6, 1957, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL PAY AND TRANSPORTATION FROM FRANKFURT, GERMANY, TO PORTLAND, OREGON, INCIDENT TO YOUR SEPARATION FROM SERVICE IN 1953, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, QUARTERMASTER SECTION, FRANKFURT DISTRICT.

IN THE SETTLEMENT WE STATED THAT THE RECORD SHOWS YOUR SERVICES AT FRANKFURT WERE TERMINATED ON AUGUST 1, 1953, FOR CAUSE, AND THAT YOU WERE NOT ELIGIBLE FOR TRANSPORTATION TO THE UNITED STATES AT GOVERNMENT EXPENSE. YOU SAY THAT YOUR TERMINATION WAS "BY A REDUCTION IN FORCE" AND THAT YOU HAD RETURNED TO THE UNITED STATES PRIOR TO AUGUST 1, 1953. THAT REGARD WE ARE INFORMED THAT THE REDUCTION IN FORCE ACTION WAS INITIATED AND WAS BEING PROCESSED AT THE SAME TIME YOU WERE UNDER INVESTIGATION AND YOU WERE NOT ELIGIBLE FOR RETURN TRANSPORTATION AT GOVERNMENT EXPENSE UNTIL ACTION ON THE CHARGES WERE DISPOSED OF. THE RECORDS SHOW THAT HEADQUARTERS, FRANKFURT MUNICIPAL DETACHMENT, ADVISED YOU BY LETTER DATED JULY 2, 1953, CONCERNING SPECIFIC CHARGES ENTERED AGAINST YOU PURSUANT TO INVESTIGATION BY THE DEPARTMENT OF CERTAIN UNAUTHORIZED ACTIVITIES WHICH, IT IS REPORTED, WAS ADMITTED BY YOU IN A STATEMENT TO THE CRIMINAL INVESTIGATION DIVISION ON MAY 18, 1953, PRECEDING THE REDUCTION IN FORCE ACTION TO WHICH YOU REFER. THE DEPARTMENT HAS REPORTED THAT TRAVEL ORDERS WHICH YOU FAILED TO USE FOR TRANSPORTATION ON AVAILABLE GOVERNMENT FACILITIES FOR YOUR RETURN TO THE UNITED STATES WERE PREPARED BY OVERSEAS PERSONNEL WHO WERE UNAWARE OF THE CRIMINAL INVESTIGATION IN PROCESS AT THE TIME. THUS, NOTHING HAS BEEN FOUND IN THE RECORD WHICH WOULD NEGATE THE CONCLUSION THAT YOUR SEPARATION FOR CAUSE WAS LEGALLY EFFECTIVE AUGUST 1, 1953, REGARDLESS OF THE REASONS FOR YOUR DEPARTURE FROM FRANKFURT AT AN EARLIER DATE. MOREOVER, THE REDUCTION IN FORCE NOTICE, TO WHICH YOU REFER, EXPRESSLY PROVIDED THAT YOUR RETURN TRANSPORTATION AT GOVERNMENT EXPENSE WAS CONDITIONAL, NAMELY,"IF YOU WOULD BE ELIGIBLE AT THE END OF YOUR TRANSPORTATION AGREEMENT.'

THE RECORD SHOWS THAT MILITARY SEA AND AIR TRANSPORTATION WAS AVAILABLE TO ALL ELIGIBLE DEPARTMENT OF THE ARMY CIVILIAN EMPLOYEES TRAVELING FROM GERMANY TO THE UNITED STATES, DURING THE PERIOD IN QUESTION. THUS, EVEN IF WE COULD ASSUME AS YOU DO THAT YOU WERE ELIGIBLE FOR GOVERNMENT TRANSPORTATION, THE FACT IS THAT YOU FAILED TO USE THE USUAL AUTHORIZED TRANSPORTATION, FOR REASONS APPARENTLY PERSONAL TO YOU.

THEREFORE, IN LIGHT OF THE OFFICIALLY REPORTED FACTS IN YOUR CASE, THE SETTLEMENT ACTION OF MARCH 6, 1957, IS SUSTAINED.