B-134621, DEC. 26, 1957

B-134621: Dec 26, 1957

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THE AMOUNT WHICH WAS PREVIOUSLY DISALLOWED BY THE ADMINISTRATIVE OFFICE AS EXCESS TRANSPORTATION COSTS INCURRED BY HIS WIFE AND CHILDREN WHEN THEY TRAVELED BACK TO THE UNITED STATES FROM BONN. WHICH WAS $583. - WAS BUT $360 EACH OR A TOTAL OF $1. IT IS NOT SHOWN WHETHER FIRST CLASS ACCOMMODATIONS AT SUCH RATE ACTUALLY WERE AVAILABLE. ON THE FACTS OF THE CASE THAT POINT IS IMMATERIAL. IT IS ASSUMED THAT HAD DR. ECKERT'S DEPENDENTS NOT DEPARTED AT AN EARLIER DATE THEY COULD HAVE ACCOMPANIED HIM ON HIS TRAVEL INCIDENT TO TEMPORARY DUTY IN PARIS AND RETURNED WITH HIM ABOARD THE S.S. HAD THEY DONE SO THEIR FARES PRESUMABLY WOULD HAVE BEEN THE SAME AS HIS. THAT IS. SINCE THE ACTUAL EXPENSE OF THE RETURN TRANSPORTATION OF THE DEPENDENTS WAS SUBSTANTIALLY LESS THAN THAT WHICH WOULD HAVE BEEN INCURRED HAD THEY AWAITED HIS RETURN.

B-134621, DEC. 26, 1957

TO MR. M. M. JONES, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF AGRICULTURE:

YOUR LETTER OF DECEMBER 9, 1957, REQUESTS OUR ADVANCE DECISION CONCERNING THE LEGALITY OF PAYING THE CLAIM OF DR. PHIL S. ECKERT AGRICULTURAL ATTACHE, FOR $410, THE AMOUNT WHICH WAS PREVIOUSLY DISALLOWED BY THE ADMINISTRATIVE OFFICE AS EXCESS TRANSPORTATION COSTS INCURRED BY HIS WIFE AND CHILDREN WHEN THEY TRAVELED BACK TO THE UNITED STATES FROM BONN, DR. ECKERT'S POST IN GERMANY IN ANTICIPATION OF DR. ECKERT'S ENTITLEMENT TO HOME LEAVE.

DR. ECKERT'S WIFE AND THREE CHILDREN SAILED FROM BREMERHAVEN, GERMANY, ABOARD THE S.S. AMERICA ON JUNE 17, 1957, AT THE MINIMUM FIRST CLASS RATE OF $462.50 EACH, OR $1,850 TOTAL. DR. ECKERT SAILED FROM LE HAVRE, FRANCE, ABOARD THE S.S. UNITED STATES ON AUGUST 30, 1957, AT THE LOWEST AVAILABLE FIRST CLASS RATE, WHICH WAS $583. YOU DISALLOWED $410 OF THE TRANSPORTATION EXPENSES OF DR. ECKERT'S FAMILY ON THE BASIS THAT THE MINIMUM FIRST CLASS FARE ON THE S.S. AMERICA, SAILING FROM BREMERHAVEN ON SEPTEMBER 9, 1957--- AFTER HE BECAME ELIGIBLE FOR HOME LEAVE--- WAS BUT $360 EACH OR A TOTAL OF $1,440. IT IS NOT SHOWN WHETHER FIRST CLASS ACCOMMODATIONS AT SUCH RATE ACTUALLY WERE AVAILABLE, BUT ON THE FACTS OF THE CASE THAT POINT IS IMMATERIAL.

IT IS ASSUMED THAT HAD DR. ECKERT'S DEPENDENTS NOT DEPARTED AT AN EARLIER DATE THEY COULD HAVE ACCOMPANIED HIM ON HIS TRAVEL INCIDENT TO TEMPORARY DUTY IN PARIS AND RETURNED WITH HIM ABOARD THE S.S. UNITED STATES. HAD THEY DONE SO THEIR FARES PRESUMABLY WOULD HAVE BEEN THE SAME AS HIS, THAT IS, $583 EACH. SINCE THE ACTUAL EXPENSE OF THE RETURN TRANSPORTATION OF THE DEPENDENTS WAS SUBSTANTIALLY LESS THAN THAT WHICH WOULD HAVE BEEN INCURRED HAD THEY AWAITED HIS RETURN, THERE IS NO OBJECTION TO ALLOWING DR. ECKERT THE DIFFERENCE BETWEEN THE ACTUAL COST OF TRANSPORTATION OF HIS DEPENDENTS AND THE CONSTRUCTIVE COST OF RETURNING THEM ON THE S.S. AMERICA, SAILING FROM BREMERHAVEN ON SEPTEMBER 9, OR NINE DAYS AFTER HIS DEPARTURE FROM LE HAVRE. COMPARE 36 COMP. GEN. 116.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IF OTHERWISE CORRECT PROPERLY MAY BE CERTIFIED FOR PAYMENT.