B-132261, SEP. 24, 1957

B-132261: Sep 24, 1957

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OUR OFFICE HAS REPEATEDLY HELD THAT THE REQUIREMENTS OF SECTION 901 ARE MANDATORY AND REQUIRE THE DISALLOWANCE OF ALL TRAVEL EXPENSES ON A FOREIGN VESSEL UNLESS THE NECESSITY THEREFOR CAN BE CONCLUSIVELY SHOWN. IN VIEW OF YOUR INSISTENCE THAT AN AMERICAN VESSEL WAS NOT AVAILABLE AT THE TIME YOU PERFORMED THE TRAVEL IN QUESTION AN ADMINISTRATIVE REPORT WAS REQUESTED FROM THE INTERNATIONAL COOPERATION ADMINISTRATION. A REPORT FROM THAT AGENCY HAS NOW BEEN RECEIVED WHEREIN IT IS STATED THAT AMERICAN FLAG TRANSPORTATION (AIR AND SURFACE) WAS AVAILABLE AT THE TIME THE TRAVEL WAS PERFORMED. ON THE BASIS OF THE PRESENT RECORD WE HAVE NO ALTERNATIVE.

B-132261, SEP. 24, 1957

TO MISS JEAN HUDSON:

YOUR LETTER OF JUNE 5, 1957, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED MAY 31, 1957, WHICH DISALLOWED YOUR CLAIM AS A FORMER EMPLOYEE OF THE INTERNATIONAL COOPERATION ADMINISTRATION FOR TRANSPORTATION EXPENSES FROM PIRAEUS, GREECE, TO NEW YORK, NEW YORK, IN SEPTEMBER 1956.

THE RECORD SHOWS THAT YOU LEFT YOUR OVERSEAS POST ON JULY 29, 1954, FOR HOME LEAVE AT GOVERNMENT EXPENSE AND RETURNED TO YOUR OVERSEAS POST FOR ANOTHER TOUR OF DUTY ON OCTOBER 28, 1954. YOU DID NOT ENTER INTO A NEW WRITTEN CONTRACT FOR A SPECIFIC TOUR OF DUTY. ON SEPTEMBER 5, 1956, AFTER HAVING SERVED APPROXIMATELY 22 MONTHS OVERSEAS AFTER YOUR RETURN FROM HOME LEAVE, YOU RESIGNED AND RETURNED WITHOUT TRAVEL ORDERS TO THE UNITED STATES ABOARD THE GREEK LINER OLYMPIA AND ARRIVED IN NEW YORK SEPTEMBER 14, 1956.

PARAGRAPH 12.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS INCORPORATES THE PROVISIONS OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, TO LIMIT TRAVEL TO SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES. OUR OFFICE HAS REPEATEDLY HELD THAT THE REQUIREMENTS OF SECTION 901 ARE MANDATORY AND REQUIRE THE DISALLOWANCE OF ALL TRAVEL EXPENSES ON A FOREIGN VESSEL UNLESS THE NECESSITY THEREFOR CAN BE CONCLUSIVELY SHOWN. NO SUCH NECESSITY HAS BEEN ESTABLISHED. IN VIEW OF YOUR INSISTENCE THAT AN AMERICAN VESSEL WAS NOT AVAILABLE AT THE TIME YOU PERFORMED THE TRAVEL IN QUESTION AN ADMINISTRATIVE REPORT WAS REQUESTED FROM THE INTERNATIONAL COOPERATION ADMINISTRATION. A REPORT FROM THAT AGENCY HAS NOW BEEN RECEIVED WHEREIN IT IS STATED THAT AMERICAN FLAG TRANSPORTATION (AIR AND SURFACE) WAS AVAILABLE AT THE TIME THE TRAVEL WAS PERFORMED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD WE HAVE NO ALTERNATIVE, THEREFORE, BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY YOU FOR TRAVEL ON A FOREIGN VESSEL.