B-137246, OCT 1, 1958

B-137246, OCT 1, 1958

PRECIS-UNAVAILABLE

MAJOR THOMAS C. WILLIAMS, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 17, 1956, WHICH ALLOWED LESS THAN YOU CLAIMED AS REIMBURSEMENT OF ACTUAL COST OF TRANSPORTATION FOR YOUR DEPENDENTS AND EXCESS BAGGAGE FROM IZMIR, TURKEY, TO FRANKFURT, GERMANY.

BY LETTER ORDERS NO. 2-14, DATED FEBRUARY 24, 1955, YOUR DEPENDENTS (WIFE AND DAUGHTER, AGE 10) WERE AUTHORIZED TO PROCEED BY COMMERCIAL AIR FROM IZMIR TO ISTANBUL, TURKEY AND THENCE TO FRANKFURT, GERMANY, FOR FURTHER TRANSPORTATION TO THE UNITED STATES. THE ORDERS AUTHORIZED A BAGGAGE ALLOWANCE OF 101 POUNDS, FOR EACH DEPENDENT OF WHICH 35 POUNDS WOULD BE CONSIDERED AS EXCESS BAGGAGE ALLOWANCE. YOUR DEPENDENTS TRAVELED FROM IZMIR TO ISTANBUL AND THENCE TO FRANKFURT BY COMMERCIAL AIR AT PERSONAL EXPENSE ON MARCH 18, 1955. THEIR BAGGAGE WEIGHED APPROXIMATELY 208 POUNDS. EXCEPT FOR A CHARGE OF $59.84 FOR EXCESS BAGGAGE FROM ISTANBUL TO FRANKFURT WHICH YOUR WIFE PAID BY CHECK, IT APPEARS THAT PAYMENT FOR THE TRANSPORTATION AND BAGGAGE CHARGES WAS IN TURKISH LIRA. IN THE SETTLEMENT MENTIONED ABOVE, YOU WERE ALLOWED $349.20. IT IS YOUR CONTENTION, HOWEVER, THAT THE ACTUAL COST WAS THE EQUIVALENT OF $577 AND THAT THERE IS STILL OWING TO YOU $227.80. YOU CITE PARAGRAPH 7002.2A, JOINT TRAVEL REGULATIONS, CHARGE 22, DATED APRIL 1, 1954, IN SUPPORT OF YOUR VIEW. ALSO, YOU STATE THAT BECAUSE OF YOUR WIFE'S HEALTH AND THE DIFFICULT CIRCUMSTANCES SURROUNDING HER RETURN, IT CANNOT BE ASSURED THAT MINIMUM TRANSPORTATION RATES WERE AVAILABLE FOR HER; THAT A TRANSPORTATION OFFICER ARRANGED FOR THE TRANSPORTATION, AND THAT YOUR WIFE PAID HIM APPROXIMATELY 1448.05 LIRA TO PURCHASE THE TICKETS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND, THIS PROVISION OF THE LAW WAS NOT NEW BUT WAS MERELY A REENACTMENT OF PRIOR PROVISIONS OF LAW UNDER WHICH IT LONG WAS THE ESTABLISHED RULE THAT THE AMOUNT ALLOWED AS REIMBURSEMENT COULD NOT, IN ANY EVENT, EXCEED THE COST HAD THE GOVERNMENT PURCHASED THE TRANSPORTATION AND FURNISHED IT IN KIND. PARAGRAPH 7002.2A OF THE JOINT TRAVEL REGULATIONS, CHANGE 22, DATED APRIL 1, 1954, PROMULGATED PURSUANT TO THE CAREER COMPENSATION ACT OF 1949 MENTIONED ABOVE, PROVIDES THAT REIMBURSEMENT FOR ACTUAL COST MAY BE MADE TO THE MEMBER FOR TRANSPORTATION PROCURED FOR DEPENDENTS AT A MEMBER'S PERSONAL EXPENSE FOR TRAVEL BY COMMERCIAL AIR OR WATER FACILITIES, WHEN AUTHORIZED, FOR TRAVEL PERFORMED OUTSIDE THE UNITED STATES WHEN GOVERNMENT TRANSPORTATION IS NOT AVAILABLE. THAT REGULATION SEEMS CLEARLY CONSISTENT WITH THE LONG-ESTABLISHED RULE. THAT IS, THE AMOUNT AUTHORIZED AS REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION PROCURED AT PERSONAL EXPENSE MAY NOT EXCEED THE COST HAD THE GOVERNMENT PURCHASED THE TRANSPORTATION AND FURNISHED IT IN KIND. IN THE PRESENT CASE, HAD THE GOVERNMENT PURCHASED TRANSPORTATION BY COMMERCIAL AIR FOR YOU DEPENDENTS AND PAID FOR ALLOWABLE EXCESS BAGGAGE, THE COST, BASED ON PUBLISHED TARIFFS AVAILABLE TO THE PUBLIC, WOULD HAVE BEEN AS FOLLOWS:

FARES, IZMIR TO ISTANBUL $23.60

EXCESS BAGGAGE 5.00

FARES, ISTANBUL TO FRANKFURT 264.60

EXCESS BAGGAGE 56.00

$349.20

SINCE YOU WERE REIMBURSED ON THAT BASIS AND SINCE THERE APPEARS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY GREATER AMOUNT, THE SETTLEMENT OF JANUARY 17, 1956, WAS CORRECT AND IS SUSTAINED.