B-137392, FEB 12, 1959

B-137392: Feb 12, 1959

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YOU WERE ALLOWED $553.50 IN PAYMENT OF $1. THE AMOUNT ALLOWED WAS BASED UPON ESTABLISHED TRAVEL SCHEDULES ON FILE HERE WHICH INDICATED THAT YOUR WIFE AND DAUGHTERS COULD HAVE PROCEEDED FROM NEW YORK TO NEW ORLEANS ON DECEMBER 21. YOU REQUESTED REVIEW OF THE ABOVE-MENTIONED SETTLEMENT BUT THAT SETTLEMENT WAS SUSTAINED IN OUR DECISION DATED DECEMBER 11. YOU WERE INFORMED THAT SPACE FOR THEIR MOVEMENT BY AIR COULD NOT BE OBTAINED PRIOR TO DECEMBER 24. UNLESS ACTUAL SPACE FOR THEIR PASSAGE IS FOUND TO HAVE BEEN AVAILABLE ON DECEMBER 21. WE HAVE BEEN UNABLE TO ASCERTAIN THAT COMMERCIAL AIR PASSAGE WAS AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK CITY TO GUATEMALA ON DECEMBER 21- 22.

B-137392, FEB 12, 1959

PRECIS-UNAVAILABLE

MR. JUAN L. CORRELL:

THIS REFERS TO YOUR LETTER OF JANUARY 19, 1959, REQUESTING REVIEW OF THE ACTION HERETOFORE TAKEN UPON YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR TRAVEL OF YOUR WIFE AND THREE DAUGHTERS FROM PARIS, FRANCE, TO GUATEMALA, GUATEMALA, PERFORMED DURING THE PERIOD DECEMBER 12, 1956, TO JANUARY 8, 1957, IN CONNECTION WITH YOUR OFFICIAL STATION TRANSFER ORDERED OCTOBER 12, 1956.

UNDER OUR SETTLEMENT DATED MAY 27, 1958, YOU WERE ALLOWED $553.50 IN PAYMENT OF $1,296.75 CLAIMED AS PER DIEM FOR TRAVEL OF YOURSELF AND DEPENDENTS FROM YOUR OLD TO YOUR NEW DUTY STATION. THE GREATER PORTION OF THE AMOUNT DISALLOWED REPRESENTED THE SUM CLAIMED FOR UNAUTHORIZED STOPOVER OF YOUR DEPENDENTS IN WASHINGTON, D. C., BETWEEN DECEMBER 20, 1956, AND JANUARY 7, 1957. THE AMOUNT ALLOWED WAS BASED UPON ESTABLISHED TRAVEL SCHEDULES ON FILE HERE WHICH INDICATED THAT YOUR WIFE AND DAUGHTERS COULD HAVE PROCEEDED FROM NEW YORK TO NEW ORLEANS ON DECEMBER 21, THENCE TO GUATEMALA ON DECEMBER 22, 1956. ON AUGUST 20, 1958, YOU REQUESTED REVIEW OF THE ABOVE-MENTIONED SETTLEMENT BUT THAT SETTLEMENT WAS SUSTAINED IN OUR DECISION DATED DECEMBER 11, 1958, B 137392, TO YOU, BECAUSE IT THEN APPEARED THAT NO BASIS EXISTED FOR ANY UNNECESSARY DELAY IN THE DEPARTURE OF YOUR DEPENDENTS FROM NEW YORK CITY BEYOND DECEMBER 21, 1956, AS SHOWN BY TRAVEL SCHEDULES.

IN YOUR PRESENT LETTER, YOU POINT OUT THE FACT THAT NO ADVANCE RESERVATIONS HAD BEEN MADE FOR AIR TRAVEL OF YOUR DEPENDENTS BETWEEN NEW YORK CITY AND GUATEMALA UNTIL THEY ARRIVED IN THE UNITED STATES; THAT AT THAT SEASON OF THE YEAR AIR TRAVEL RESERVATIONS CANNOT BE OBTAINED ON SUCH SHORT NOTICE, AND THAT WHEN YOU INQUIRED ABOUT THEIR ONWARD TRANSPORTATION FROM WASHINGTON, D. C., YOU WERE INFORMED THAT SPACE FOR THEIR MOVEMENT BY AIR COULD NOT BE OBTAINED PRIOR TO DECEMBER 24, 1958. THEREFORE, YOU REQUEST THAT PER DIEM BE ALLOWED FOR THEIR STOPOVER IN NEW YORK CITY UNTIL DECEMBER 24, UNLESS ACTUAL SPACE FOR THEIR STOPOVER IN NEW YORK CITY UNTIL DECEMBER 24, UNLESS ACTUAL SPACE FOR THEIR PASSAGE IS FOUND TO HAVE BEEN AVAILABLE ON DECEMBER 21, 1956.

UPON FURTHER CONSIDERATION OF THE PRIOR ACTION IN THE MATTER, WE HAVE BEEN UNABLE TO ASCERTAIN THAT COMMERCIAL AIR PASSAGE WAS AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK CITY TO GUATEMALA ON DECEMBER 21- 22, 1956. IN VIEW THEREOF AND SINCE YOUR REQUEST IS NOT UNREASONABLE, CONSIDERING THE FACT THAT THE SCHEDULE PREVIOUSLY USED WAS DURING OUR BUSY HOLIDAY SEASON, WE HAVE CONCLUDED THAT ADDITIONAL PER DIEM IS DUE YOU FOR THE NECESSARY DELAY WHICH WOULD HAVE BEEN ENCOUNTERED IN PROCURING AIR TRANSPORTATION FOR YOUR DEPENDENTS TO GUATEMALA FROM NEW NEW YORK CITY - LEAVING NEW YORK AT 9 A.M., DECEMBER 24, AND ARRIVING IN GUATAMALA AT 11:35 A.M., DECEMBER 25, 1956. THE DATES AND AMOUNTS SHOWN ON PAGE 2 OF OUR DECISION TO YOU DATED DECEMBER 11, 1958, B-137392, NOW MAY BE DISREGARDED. THE REVISED TABULATION (BELOW) SHOWS THE DATES OF ACTUAL OR CONSTRUCTIVE TRAVEL FOR YOUR WIFE AND THREE DAUGHTERS AS WELL AS THE AMOUNT OF PER DIEM ALLOWABLE WHEN PROPERLY COMPUTED IN ACCORDANCE WITH EXISTING REGULATIONS:

DATE DAILY PER- AMOUNT

1956 DEPENDENTS TRAVEL DAYS RATE CENT DUE

DEC.

12 WIFE, AND THREE DAUGHTERS, DEPART

PARIS - RAIL - 5:10 P.M.

ARRIVE LEHAVRE 8:10 P.M. 1/2 $6 3 1/2 $ 10.50

13 DEPART LEHAVRE FOR U.S. BOAT 2 A.M.

(STOPOVER LESS THAN 6 HOURS) 1/2 6 3 1/2 5.25

13 ABOARD S. S. AMERICA TO U.S. 3/4 6 3 1/2 15.75

14-19 " " " " " 6 6 3 1/2 126.00

20 ARRIVE N. Y. CITY 8 A.M. 1/2 6 3 1/2 10.50

20 IN N. Y. CITY AWAITING TRANSPORTA-

TION 1/2 12 3 1/2 21.00

21-23 " " " " " 3 12 3 1/2 126.00

24 DEPART GUATEMALA BY AIR AT

9 A.M. 1/2 12 3 1/2 21.00

24 ARRIVE NEW ORLEANS, 1:23 P.M. 1/2 6 3 1/2 5.25

24 AWAITING TRANSPORTATION IN

NEW ORLEANS 1/2 12 3 1/2 10.50

25 DEPART NEW ORLEANS - AIR

7:15 A.M. ARRIVE GUATEMALA

11:35 A.M. 1/2 12 3 1/2 21.00

$372.75

UNDER THE REVISED COMPUTATION WE FIND THAT YOU ARE ENTITLED $110.25, THE DIFFERENCE BETWEEN $372.75, AND $262.50, THE ACTUAL AMOUNT WHICH YOU WERE PREVIOUSLY PAID FOR TRAVEL OF THE INVOLVED DEPENDENTS. A SETTLEMENT AUTHORIZING PAYMENT OF THE ADDITIONAL SUM STIPULATED WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.