B-131508, JUN. 21, 1957

B-131508: Jun 21, 1957

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BANNEBARGER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. RECORDS ON FILE HERE INDICATE THAT YOUR SELECTED HOME ON SUCH TRANSFER WAS AT KALGOORLIE. YOU WERE GRANTED PERMISSION . YOU INDICATE THAT YOU WERE TOLD THAT NO GOVERNMENT VESSELS RAN BETWEEN SAN FRANCISCO AND AUSTRALIA AND THAT. YOU WOULD HAVE TO ARRANGE FOR YOUR TRAVEL BY COMMERCIAL LINES. PURSUANT TO OUR SETTLEMENT YOU WERE PAID ON D.O. IN THAT SETTLEMENT IT WAS EXPLAINED THAT NO AMOUNT WAS DUE AS MILEAGE FOR YOUR CHILD (UNDER FIVE) IN VIEW OF PARAGRAPH 7003. THAT ONE DAY'S PER DIEM WAS ALLOWABLE FOR YOUR TRAVEL BECAUSE OFFICIAL AIR SCHEDULES VIA AUSTRALIAN NATIONAL AIRWAYS SHOW THAT TRAVEL COULD HAVE BEEN COMPLETED FROM SYDNEY TO KALGOORLIE ON DECEMBER 28.

B-131508, JUN. 21, 1957

TO MR. K. O. BANNEBARGER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1956, AND ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOURSELF AND DEPENDENTS FROM SAN FRANCISCO, CALIFORNIA, TO KALGOORLIE, WESTERN AUSTRALIA, INCIDENT TO YOUR TRANSFER AT 2400 HOURS ON NOVEMBER 18, 1954, TO INACTIVE DUTY IN CLASS F-6, FLEET RESERVE.

RECORDS ON FILE HERE INDICATE THAT YOUR SELECTED HOME ON SUCH TRANSFER WAS AT KALGOORLIE, WESTERN AUSTRALIA, AND THAT BY BUREAU OF NAVAL PERSONNEL LETTER DATED MAY 20, 1954, YOU WERE GRANTED PERMISSION -- UNDER ARTICLE H-9303, BUREAU NAVAL PERSONNEL MANUAL--- TO RESIDE IN WESTERN AUSTRALIA UNTIL JULY 1, 1955. THAT PERMISSION SINCE HAS BEEN EXTENDED TO JULY 1, 1957. IN YOUR LETTER OF OCTOBER 10, 1956, YOU INDICATE THAT YOU WERE TOLD THAT NO GOVERNMENT VESSELS RAN BETWEEN SAN FRANCISCO AND AUSTRALIA AND THAT, ACCORDINGLY, YOU WOULD HAVE TO ARRANGE FOR YOUR TRAVEL BY COMMERCIAL LINES. YOU STATE THAT YOU BOOKED PASSAGE--- TOURIST CLASS-- - FOR YOURSELF, YOUR WIFE AND TWO DAUGHTERS (THEN AGED NINE AND FOUR YEARS, RESPECTIVELY/--- VIA THE S.S. CRONSAY, UNION S.S. CO. OF NEW ZEALAND, LTD., DEPARTING SAN FRANCISCO ON DECEMBER 10, 1954, AND ARRIVING AT SYDNEY, AUSTRALIA, ON DECEMBER 28, 1954. YOU FURNISH A RECEIPT SHOWING PAYMENT OF $882 PASSAGE MONEY PLUS, $25.29U.S. TRANSPORTATION TAX, COVERING TWO FULL FARES AND TWO HALFFARES. THE FILE FURTHER SHOWS THAT YOU CONTINUED YOUR TRAVEL TO PERTH, AUSTRALIA, VIA "AUSTRALIAN NATIONAL AIRWAYS PTY, LTD., " AND THENCE VIA "AIRLINES (W.A.) LIMITED" TO KALGOORLIE--- A CIRCUITOUS ROUTE--- WHERE YOU ARRIVED ON DECEMBER 31, 1954.

PURSUANT TO OUR SETTLEMENT YOU WERE PAID ON D.O. VOUCHER NO. 900974, IN THE AUGUST 1956 ACCOUNTS OF D. N. COBA, THE SUM OF $264.08, REPRESENTING SIX CENTS A MILE FOR YOUR WIFE, THREE CENTS A MILE FOR ONE CHILD (OVER FIVE), FIVE CENTS A MILE FOR YOU, FOR TRAVELING 1,822 MILES FROM SYDNEY TO KALGOORLIE, AND PER DIEM OF $9 FOR ONE DAY'S AIR TRAVEL BY YOU. IN THAT SETTLEMENT IT WAS EXPLAINED THAT NO AMOUNT WAS DUE AS MILEAGE FOR YOUR CHILD (UNDER FIVE) IN VIEW OF PARAGRAPH 7003, JOINT TRAVEL REGULATIONS, AND THAT ONE DAY'S PER DIEM WAS ALLOWABLE FOR YOUR TRAVEL BECAUSE OFFICIAL AIR SCHEDULES VIA AUSTRALIAN NATIONAL AIRWAYS SHOW THAT TRAVEL COULD HAVE BEEN COMPLETED FROM SYDNEY TO KALGOORLIE ON DECEMBER 28, 1954, BETWEEN 8:00 A.M. AND 6:35 P.M. ALSO, THE SETTLEMENT DENIED YOU REIMBURSEMENT FOR COMMERCIAL COST OF TRANSPORTATION FROM SAN FRANCISCO TO SYDNEY BECAUSE OF THE ABSENCE OF ANY RECORD THAT YOU REQUESTED THE CHIEF OF TRANSPORTATION FOR GOVERNMENT WATER TRANSPORTATION FOR THAT TRIP PRIOR TO YOUR DEPARTURE FROM SAN FRANCISCO.

THE FILE CONTAINS A REPORT FROM THE CHIEF OF NAVAL PERSONNEL DATED DECEMBER 8, 1955, WHICH STATES:

"* * * NO GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM SAN FRANCISCO, CALIFORNIA TO AUSTRALIA, AND IN VIEW OF NORMAL DIFFICULTIES IN OBTAINING COMMERCIAL PASSAGE TO AUSTRALIA, TRAVEL VIA FOREIGN REGISTERED STEAMSHIP LINE IS APPROVED.'

THIS CONFIRMS YOUR ASSERTION THAT, WHEN YOU REQUESTED--- AT LEAST INFORMALLY--- GOVERNMENT TRANSPORTATION, YOU WERE TOLD YOU MUST ARRANGE COMMERCIAL TRANSPORTATION.

THEREFORE, SINCE YOU WERE AUTHORIZED TO RESIDE IN WESTERN AUSTRALIA, AND SINCE--- IN FACT--- NO GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE AND, INASMUCH AS THE BUREAU OF NAVAL PERSONNEL HAS SUBSEQUENTLY APPROVED YOUR ACTION IN ARRANGING YOUR OWN TRANSPORTATION PERSONALLY BY COMMERCIAL MEANS, YOU WILL BE ALLOWED REIMBURSEMENT OF THE ACTUAL COST TO YOU OF SUCH WATER TRANSPORTATION--- INCLUDING THE U.S. TRANSPORTATION TAX--- SINCE IT DOES NOT APPEAR TO EXCEED THE LOWEST FIRST CLASS FARES FOR SUCH TRAVEL. PARAGRAPHS 4159-4 AND 7002 2B, JOINT TRAVEL REGULATIONS.

IN YOUR LETTER YOU QUESTION OUR SETTLEMENT MADE ON THE BASIS OF 1,822 MILES FROM SYDNEY TO KALGOORLIE AND YOU INVITE ATTENTION TO THE FACT THAT THE RAILROAD DISTANCE IS 2,314 MILES. THE FILE CONTAINS A STATEMENT DATED OCTOBER 20, 1955, BY THE ASSISTANT STATION MASTER AT KALGOORLIE WHICH SUPPORTS YOUR STATEMENT THAT THE DISTANCE IS 2,314 MILES. UNDER THE CIRCUMSTANCES, YOU ARE ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS FOR YOUR TRAVEL IN AUSTRALIA ON THE BASIS OF THE DISTANCE FOR LAND TRAVEL OVER THE AVAILABLE RAIL ROUTE. ACCORDINGLY, YOUR MILEAGE WILL BE COMPUTED ON A DISTANCE OF 2,314 MILES.

YOUR PER DIEM ALLOWANCE FOR AIR TRAVEL IN AUSTRALIA WAS CORRECTLY COMPUTED AS ONE DAY'S CONSTRUCTIVE TRAVEL TIME, THAT BEING THE SCHEDULED TIME FOR THE DIRECT FLIGHT BETWEEN THE POINTS INVOLVED. SEE PARAGRAPHS 4159-5; 4203-3A; AND 4253, JOINT TRAVEL REGULATIONS, GENERALLY. ALSO, IN ADDITION, FOR YOUR TRAVEL VIA COMMERCIAL VESSEL, YOU ARE ENTITLED TO PER DIEM IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 4253-4.1, JOINT TRAVEL REGULATIONS.

IN A SETTLEMENT TO FOLLOW, YOUR REIMBURSEMENT FOR TRAVEL WILL BE COMPUTED IN ACCORDANCE WITH THE FOREGOING, LESS THE PAYMENT ALREADY MADE TO YOU.