B-138015, FEB 4, 1959

B-138015: Feb 4, 1959

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THE RECORD SHOWS THAT THE HOME LEAVE AND RETURN TO PORT TRAVEL WAS PERFORMED UNDER TRAVEL AUTHORIZATION IN-T-7-48. IT APPEARS THAT YOU HAVE BEEN ALLOWED ADMINISTRATIVELY TRAVEL EXPENSE ITEMS IN THE AMOUNTS OF $1. TRANSPORATION AND STORAGE OF EFFECTS - FOREIGN SERVICE EMPLOYEES) READS AS FOLLOWS: "STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) (SEE ATTACHMENT A) SHALL APPLY TO ALL TRAVEL AND TRANSPORTATION CONDITIONS COVERED BY THIS MANUAL ORDER UNLESS SPECIFIC DEVIATIONS THEREFROM ARE PRESCRIBED OR UNLESS THESE REGULATIONS CONFLICT WITH THEM. PLACE OF RESIDENCE IS CONSIDERED TO BE THE PLACE AT WHICH THE EMPLOYEE WAS ACTUALLY RESIDING AT THE TIME OF HIS EMPLOYMENT IN THE OVERSEAS POSITION.

B-138015, FEB 4, 1959

PRECIS-UNAVAILABLE

MR. RENE N. LEVY:

YOUR LETTER OF NOVEMBER 10, 1958, REQUESTS RECONSIDERATION OF SETTLEMENT DATED OCTOBER 21, 1958, WHICH DISALLOWED YOUR CLAIM FOR CERTAIN TRAVEL EXPENSES INCIDENT TO HOME LEAVE DURING THE PERIOD JUNE 23 TO AUGUST 31, 1957, AS AN EMPLOYEE OF THE INTERNATIONAL COOPERATION ADMINISTRATION.

THE RECORD SHOWS THAT THE HOME LEAVE AND RETURN TO PORT TRAVEL WAS PERFORMED UNDER TRAVEL AUTHORIZATION IN-T-7-48, DATED MARCH 7, 1957, AS AMENDED. THAT TRAVEL ORDER AUTHORIZED YOU AND YOUR DEPENDENTS TO TRAVEL FROM NEW DELHI, INDIA, TO NEW YORK, NEW YORK, VIA WASHINGTON, D. C., FOR CONSULTATION AT ICA/W AND RETURN TO NEW DELHI. THE TRAVEL ORDER ALSO AUTHORIZED SHIPMENT OF UNACCOMPANIED BAGGAGE. IT APPEARS THAT YOU HAVE BEEN ALLOWED ADMINISTRATIVELY TRAVEL EXPENSE ITEMS IN THE AMOUNTS OF $1,283.14 ON D.O. VOUCHER 10224 IN JANUARY 1958 AND $240.75 ON D.O. VOUCHER 977 IN JULY 1958.

THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL (ORDER NO. 560.2 - TRAVEL, TRANSPORATION AND STORAGE OF EFFECTS - FOREIGN SERVICE EMPLOYEES) READS AS FOLLOWS:

"STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR) (SEE ATTACHMENT A) SHALL APPLY TO ALL TRAVEL AND TRANSPORTATION CONDITIONS COVERED BY THIS MANUAL ORDER UNLESS SPECIFIC DEVIATIONS THEREFROM ARE PRESCRIBED OR UNLESS THESE REGULATIONS CONFLICT WITH THEM. IN CASE OF DEVIATION OR CONFLICT, THE PROVISIONS OF THIS MANUAL ORDER SHALL GOVERN."

PARAGRAPH 9A CONCERNING TRAVEL FOR HOME LEAVE PURPOSES READS AS FOLLOWS:

"FOR PURPOSE OF TRAVEL OF THE EMPLOYEE AND HIS FAMILY ON HOME LEAVE, PLACE OF RESIDENCE IS CONSIDERED TO BE THE PLACE AT WHICH THE EMPLOYEE WAS ACTUALLY RESIDING AT THE TIME OF HIS EMPLOYMENT IN THE OVERSEAS POSITION, OR HIS LEGAL RESIDENCE AS THE EMPLOYEE MAY ELECT, PROVIDED THE LOCATIONS ARE IN THE CONTINENTAL UNITED STATES. (HOWEVER, IN UNUSUAL CIRCUMSTANCES, WHEN NEITHER OF ABOVE IS APPROPRIATE, DETAILED JUSTIFICATION FOR CHANGE IN RESIDENCE FOR HOME LEAVE PURPOSES WILL BE SUBMITTED FOR REVIEW AND APPROVAL BY OFFICE OF PERSONNEL PRIOR TO ISSUANCE OF TRAVEL ORDERS.)"

SINCE YOUR TRAVEL AUTHORIZATION SPECIFICALLY PROVIDES FOR YOUR TRAVEL TO NEW YORK, NEW YORK, WE MUST ASSUME THAT THIS WAS THE PLACE YOU WERE ACTUALLY RESIDING AT THE TIME OF YOUR EMPLOYMENT IN THE OVERSEAS POSITION OR THAT IT WAS SELECTED BY YOU AND APPROVED BY YOUR ADMINISTRATIVE OFFICE AS THE PLACE DESIRED BY YOU FOR HOME LEAVE TRAVEL PURPOSES, AS AUTHORIZED BY THE ABOVE-QUOTED REGULATIONS. THEREFORE, UPON THE BASIS OF THE PRESENT RECORD, WE ARE REQUIRED TO CONSIDER NEW YORK, NEW YORK, AS THE ONLY POINT IN THE UNITED STATES TO WHICH YOU WERE AUTHORIZED TO TRAVEL FOR HOME LEAVE PURPOSES.

THE FIRST ITEM LISTED ON YOUR RECLAIM VOUCHER CONSISTS OF $7.50 FOR LUGGAGE HANDLING AT IDLEWILD AIRPORT - 30 PIECES AT 25[ EACH. PARAGRAPH 6.1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM ALLOWANCE INCLUDES "ALL FEES AND TIPS TO WAITERS, PORTERS, BAGGAGE MEN." SINCE YOUR PER DIEM ALLOWANCE IS INTENDED TO COVER TE FEES INCIDENT TO THE HANDLING OF PERSONAL LUGGAGE AT THE AIRPORT THERE IS NO LEGAL AUTHORITY UNDER WHICH YOU MAY BE ALLOWED YOUR CLAIM FOR THIS ITEM.

THE SECOND ITEM CLAIMED IS $58 FOR THE TRANSPORTATION OF YOURSELF, YOUR FAMILY, AND LUGGAGE FROM IDLEWILD AIRPORT TO MAMARONECK, NEW YORK, WHERE, YOU SAY, YOU INITAILLY STAYED WITH FRIENDS. YOU USED TWO TAXICABS TO PERFORM THIS TRAVEL, ONE FOR YOUR FAMILY AND ONE FOR YOUR 30 PIECES OF LUGGAGE. AS STATED ABOVE, YOUR TRAVEL AUTHORIZATION SPECIFICALLY LIMITED YOUR TRAVEL FROM NEW DELHI, INDIA, TO NEW YORK, NEW YORK. SINCE, FOR PERSONAL REASONS, YOU ELECTED TO TRAVEL TO THE HOME OF FRIENDS IN MAMARONECK, RATHER THAN TO NEW YORK CITY AS AUTHORIZED IN YOUR TRAVEL AUTHORIZATION, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF THIS ITEM OF YOUR CLAIM.

THE THIRD ITEM CLAIMED IS $12 FOR AIR FREIGHT STORAGE AND $9.65 FOR FREIGHT FORWARDING CHARGES. THESE CHARGES WERE INCURRED IN CONNECTION WITH THE STORAGE OF YOUR UNACCOMPANIED BAGGAGE AT YOUR STORAGE FIRM IN NEW YORK CITY AND LATER IN FORWARDING IT TO YOU AT NEW ROCHELLE, NEW YORK. APPEARS FROM THE RECORD AND YOUR STATEMENTS THAT YOU ARRANGED TO HAVE THIS ITEM DELIVERED TO THE NEW YORK ADDRESS OF YOUR STORAGE FIRM. WHILE, AS YOU SAY, THIS MAY HAVE BEEN A NECESSARY EXPENSE DUE TO YOUR NOT HAVING A PERMANENT NEW YORK ADDRESS, THE FACT IS THAT THE GOVERNMENT PAID FOR THE TRANSPORTATION OF THIS ITEM TO THE ADDRESS IN NEW YORK FURNISHED BY YOU. THEREFORE, SINCE THE STORAGE OF YOUR UNACCOMPANIED BAGGAGE IN NEW YORK WAS NOT AUTHORIZED IN YOUR TRAVEL AUTHORIZATION, THERE IS NO LEGAL AUTHORITY FOR THE ALLOWANCE OF THE ADDITIONAL EXPENSES CLAIMED FOR THIS ITEM.

THE NEXT FIVE ITEMS CLAIMED ARE FOR TAXICAB CHARGES. TAXICAB FARES OF $16 FOR TRAVEL FROM MAMARONECK, NEW YORK, TO LA GUARDIA FIELD AND RETURN, AND OF $27.50 FOR TRAVEL FROM PORT CHESTER, NEW YORK, TO LA GUARDIA FIELD AND RETURN ARE CLAIMED INCIDENT TO TRAVEL TO WASHINGTON, D. C., FOR CONSULTATION PURPOSES. ALSO, TAXICAB FARE OF $15 IS CLAIMED FOR TRAVEL FROM PORT CHESTER, NEW YORK, TO THE PIER INCIDENT TO YOUR RETURN TO YOUR OVERSEAS STATION. THE TAXICAB TRAVEL IN ALL FIVE INSTANCES WAS PERFORMED FROM POINTS OTHER THAN NEW YORK, NEW YORK, THE PLACE TO WHICH YOU WERE AUTHORIZED RETURN TRANSPORTATION FOR HOME LEAVE PURPOSES. WHILE A COMMUNICATION MAY HAVE BEEN ADDRESSED TO YOU WHILE YOU WERE TEMPORARILY AT PORT CHESTER CONCERNING YOUR RETURN TO WASHINGTON, D. C., FOR CONSULTATION PURPOSES, THAT FACT ALONE WOULD NOT AUTHORIZE REIMBURSEMENT FOR TRAVEL EXPENSES FOR SUCH CONSULTATION IN AN AMOUNT GREATER THAN THAT WHICH WOULD HAVE BEEN OTHERWISE INCURRED FOR YOUR TRAVEL FROM NEW YORK, NEW YORK, TO WASHINGTON, D. C. ALSO, THE FACT THAT THE STORAGE COMPANY WAS AUTHORIZED TO PICK UP YOUR HOLD LUGGAGE IN PORT CHESTER, NEW YORK, AND DELIVER IT TO THE PIER IN NEW YORK CITY, DOES NOT LEGALLY ENTITLE YOU TO REIMBURSEMENT FOR THE TAXICAB FARES FOR YOUR FAMILY AND PERSONAL BAGGAGE FROM PORT CHESTER TO THE PIER. THEREFORE, THE AMOUNTS CLAIMED FOR THESE ITEMS MAY NOT BE ALLOWED.

THE FINAL ITEM CLAIMED IS $50 FOR TWO TAXICABS AND ONE TRUCK TO TRANSFER YOUR FAMILY AND HEAVY LUGGAGE FROM THE PIER IN NAPLES, ITALY, TO THE HOTEL AND RETURN TO THE PIER. YOU SAY THE TWO TAXICABS WERE USED FOR THE TRANSPORTATION OF YOUR FAMILY AND HAND LUGGAGE AND THAT THE TRUCK WAS USED FOR THE TRANSPORTATION OF YOUR STEAMER TRUNKS AND HEAVY LUGGAGE. YOU HAVE NOT FURNISHED ANY EXPLANATION WHY IT WAS NECESSARY FOR YOU TO TRANSFER YOUR STEAMER TRUNKS AND HEAVY LUGGAGE FROM THE PIER TO THE HOTEL AND RETURN TO THE PIER FOR THE FEW DAYS (APPROXIMATELY ONE WEEK) YOU STAYED IN NAPLES BETWEEN SHIPS. THIS ITEM WAS ADMINISTRATIVELY DISALLOWED BECAUSE THE CHARGES APPEARED EXCESSIVE AND BECAUSE YOU FAILED TO FURNISH RECEIPTS AND GIVE A SATISFACTORY EXPLANATION OF THE NEED FOR INCURRING THE EXPENSE. ALSO, YOUR AGENCY REPORTS THAT CLAIMS SUBMITTED BY OTHER EMPLOYEES TRAVELING BETWEEN PIER AND HOTEL IN NAPLES AVERAGE APPROXIMATELY $2 PER TRIP, INCLUDING BAGGAGE AND TIPS. YOUR UNSUPPORTED EXPLANATION THAT THE TRANSPORTATION COULD NOT HAVE BEEN PERFORMED FOR LESS MONEY AND THAT SIMILAR CONVEYANCES WERE FURNISHED YOU IN BOMBAY AND NEW DELHI MAY NOT BE ACCEPTED AS FURNISHING A BASIS FOR ALLOWING THE AMOUNTS CLAIMED FOR THE TRANSPORTATION IN NAPLES, ITALY.

WE RECOGNIZE THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE USUAL EXPENSES INCIDENT TO YOUR TRAVEL TO AND FROM A POINT IN NEW YORK CITY, THE PLACE TO WHICH YOU WERE AUTHORIZED TO TRAVEL FOR HOME LEAVE PURPOSES. ALSO, WE RECOGNIZE YOU ARE ENTITLED TO REIMBURSEMENT FOR THE PROPER AMOUNT DUE FOR THE TRANSPORTATION PERFORMED IN NAPLES, ITALY. HOWEVER, WE HAVE NO INFORMATION HERE AND THE PRESENT RECORD DOES NOT INDICATE THE AMOUNT WHICH WOULD HAVE BEEN ALLOWED FOR THE TRAVEL PERFORMED IN THE UNITED STATES IF THAT TRAVEL HAD BEEN PERFORMED AS AUTHORIZED, TO AND FROM NEW YORK, NEW YORK. NEITHER ARE WE ABLE TO DETERMINE THE PROPER AMOUNT DUE FOR THE QUESTIONED ITEMS OF EXPENSE INCURRED IN NAPLES. IF THESE ITEMS CAN BE ESTABLISHED ON A CONSTRUCTIVE BASIS, SUPPORTED BY CORROBATIVE EVIDENCE AND APPROVED BY YOUR AGENCY, WE SHALL BE GLAD TO FURTHER CONSIDER THEM.

THE CONCLUSION REACHED IN THE SETTLEMENT OF OCTOBER 21, 1958, TO YOU, IS CORRECT AND ON THE PRESENT RECORD MUST BE SUSTAINED.