B-137490, OCT 16, 1958

B-137490: Oct 16, 1958

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YOU WERE AUTHORIZED TO TRAVEL FROM THE CANAL ZONE. TRAVEL BY COMMERCIAL AIRCRAFT OR ANY OTHER MEANS OF TRANSPORTATION WAS AUTHORIZED WHEN CONSIDERED AS CONTRIBUTING TO THE MORE EFFICIENT ACCOMPLISHMENT OF THE MISSION. $6 WERE AUTHORIZED FOR TEMPORARY DUTY IN ECUADOR. YOUR HEADQUARTERS WAS CHANGED FROM THE CANAL ZONE. SINCE YOU AND YOUR DEPENDENTS WERE PHYSICALLY LOCATED IN LIMA HAVING BEEN THERE APPROXIMATELY TWO YEARS. NO PERMANENT CHANGE OF STATION ORDERS WERE ISSUED AUTHORIZING THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS. THE AUTHORITY FOR THE TRANSPORATION OF THE DEPENDENTS OF AN EMPLOYEE IS CONTAINED IN SECTION 1 OF PUBLIC LAW 600. SINCE THE ADMINISTRATIVE OFFICE RECOMMENDS THAT YOUR CLAIM BE DISALLOWED AND THE TRAVEL OF YOUR DEPENDENTS WAS NEITHER AUTHORIZED NOR APPROVED AS REQUIRED BY THE APPLICABLE REGULATIONS.

B-137490, OCT 16, 1958

PRECIS-UNAVAILABLE

MR. FRANK VERSAGGLE:

YOUR LETTER OF SEPTEMBER 10, 1958, REQUESTS THAT WE RECONSIDER THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF JULY 1, 1958, WHICH DISALLOWED YOUR CLAIM FOR $577 FOR REIMBURSEMENT FOR THE COST OF TRANSPORTING YOUR DEPENDENTS FROM FORT DAVIS, CANAL ZONE, TO LIMA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, INCIDENT TO A CHANGE OF STATION.

THE RECORD SHOWS THAT BY LETTER ORDER NO. 35, DATED JANUARY 13, 1955, YOU WERE AUTHORIZED TO TRAVEL FROM THE CANAL ZONE, TO LIMA, PERU, ON OR ABOUT JANUARY 17, 1955, THENCE TO QUITO, ECUADOR, FOR TEMPORARY DUTY THROUGH JUNE 30, 1955. TRAVEL BY COMMERCIAL AIRCRAFT OR ANY OTHER MEANS OF TRANSPORTATION WAS AUTHORIZED WHEN CONSIDERED AS CONTRIBUTING TO THE MORE EFFICIENT ACCOMPLISHMENT OF THE MISSION. ALSO PER DIEM WITH RATES OF $10, $7, AND $6 WERE AUTHORIZED FOR TEMPORARY DUTY IN ECUADOR, PERU, AND WHILE IN AN AIR TRAVEL STATUS, RESPECTIVELY. YOUR DEPENDENTS ARRIVED AT YOUR TEMPORARY DUTY STATION IN LIMA ON MAY 10, 1955, AT A COST OF $577 TO YOU.

BY STANDARD FORM NO. 50, EFFECTIVE FEBRUARY 17, 1957, YOUR HEADQUARTERS WAS CHANGED FROM THE CANAL ZONE, TO LIMA, PERU. SINCE YOU AND YOUR DEPENDENTS WERE PHYSICALLY LOCATED IN LIMA HAVING BEEN THERE APPROXIMATELY TWO YEARS, NO PERMANENT CHANGE OF STATION ORDERS WERE ISSUED AUTHORIZING THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT FOR SUCH EXPENSES PAID BY YOU.

THE AUTHORITY FOR THE TRANSPORATION OF THE DEPENDENTS OF AN EMPLOYEE IS CONTAINED IN SECTION 1 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 806, WHICH AUTHORIZES TRAVELING EXPENSES OF AN EMPLOYEE AND THE "EXPENSES OF THE TRANSPORTATION OF HIS IMMEDIATE FAMILY." SECTION 3 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PRESCRIBING REGULATIONS UNDER THE SAID ACT PROVIDES THAT THE TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN EMPLOYEE SHALL BE SUBJECT TO THOSE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. PARAGRAPH 5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED EFFECTIVE AUGUST 1, 1952, AND SECTION 2.1 OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED EFFECTIVE AUGUST 1, 1956, BOTH PROVIDE THAT ALL TRAVEL SHALL BE AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED.

SINCE THE ADMINISTRATIVE OFFICE RECOMMENDS THAT YOUR CLAIM BE DISALLOWED AND THE TRAVEL OF YOUR DEPENDENTS WAS NEITHER AUTHORIZED NOR APPROVED AS REQUIRED BY THE APPLICABLE REGULATIONS, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF JULY 1, 1958.

CONCERNING YOUR CONTENTION THAT A PERMANENT CHANGE OF STATION OCCURRED IN THE CALENDAR YEAR 1955, YOU ARE INFORMED THAT IF, IN FACT, THAT WERE TRUE THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED TO YOU FOR THE TIME IN PERU SUBSEQUENT THERETO WOULD BE REQUIRED TO BE HELD AS UNAUTHORIZED. THAT WOULD BE SO BECAUSE THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SPECIFICALLY PROHIBIT THE ALLOWANCE OF PER DIEM AT A PERMANENT DUTY STATION.