B-141620, MAY 16, 1960

B-141620: May 16, 1960

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 29. WAS ISSUED TO EASTERN AIR LINES ON NOVEMBER 17. TICKETS FORMS 0 73 C NOS. 202804 AND 202805 WERE ISSUED BY EASTERN AIR LINES IN EXCHANGE FOR THE SUBJECT TRANSPORTATION REQUEST. CHARGES IN THE AMOUNT OF $315.20 WERE BILLED BY AND PAID TO EASTERN ON ITS BILL NO. 2422901. HIS ROUTING WAS CHANGED TO PERMIT HIM TO TRAVEL FROM WASHINGTON TO ATLANTA BY CAPITAL AIRLINES AND THENCE TO MIAMI BY DELTA AIR LINES. PEEPLES WAS $290.90. YOUR LETTER CLAIMING THE ADDITIONAL AMOUNT OF $35.31 CONTAINED NO INFORMATION FROM WHICH WE COULD CONCLUDE THAT THE ABOVE COMPUTATION IS INCORRECT. YOUR CLAIM WAS THEREFORE DISALLOWED INASMUCH AS IT APPEARED THAT EASTERN HAD BEEN PAID THE PROPER CHARGES.

B-141620, MAY 16, 1960

TO DELTA AIR LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 29, 1959, YOUR FILE R 5.11 WON, REQUESTING REVIEW OF THE SETTLEMENT (IN CLAIM NO. TK 670133) DATED AUGUST 24, 1959, DISALLOWING YOUR CLAIM FOR AN ADDITIONAL $35.31 FOR TRANSPORTATION FURNISHED THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE (MR. W. H. PEEPLES).

THE RECORD HERE SHOWS THAT GOVERNMENT TRANSPORTATION REQUEST NO. A 1,027,729, WAS ISSUED TO EASTERN AIR LINES ON NOVEMBER 17, 1958, AT WASHINGTON, D.C., AND AUTHORIZED FIRST-CLASS AIR TRANSPORTATION FOR MR. W. H. PEEPLES FROM WASHINGTON, D.C., TO SAN JUAN, PUERTO RICO, ROUTED EASTERN AIR LINES TO MIAMI VIA ATLANTA; PAN AMERICAN AIRWAYS TO SAN JUAN AND RETURN TO MIAMI; NATIONAL AIRLINES TO NEW ORLEANS; SURFACE TRANSPORTATION TO MEMPHIS; AND THENCE VIA AMERICAN AIR LINES TO WASHINGTON. TICKETS FORMS 0 73 C NOS. 202804 AND 202805 WERE ISSUED BY EASTERN AIR LINES IN EXCHANGE FOR THE SUBJECT TRANSPORTATION REQUEST, AND CHARGES IN THE AMOUNT OF $315.20 WERE BILLED BY AND PAID TO EASTERN ON ITS BILL NO. 2422901. MR. PEEPLES ADVISED HIS ADMINISTRATIVE OFFICE THAT DUE TO THE EASTERN AIR LINES' STRIKE AND OFF-SCHEDULE DEPARTURE, HIS ROUTING WAS CHANGED TO PERMIT HIM TO TRAVEL FROM WASHINGTON TO ATLANTA BY CAPITAL AIRLINES AND THENCE TO MIAMI BY DELTA AIR LINES.

IN THE AUDIT OF THE VOUCHER SUBMITTED BY EASTERN AIR LINES WE FOUND THAT THE PROPER CHARGE FOR THE TRANSPORTATION ACTUALLY FURNISHED MR. PEEPLES WAS $290.90, COMPUTED AS FOLLOWS:

TABLE DCA-MIA (CAP-ATL-DAL) $ 66.85 O.W. 8TH REV. PG. 406, CAB 44 MIA-SJU (PAA) 121.70 R.T. 2ND REV. PG. 66, PART IV,

SEC. 2, PAA INT. AIR TAR. MIA-MSY (NAL) 48.85 O.W. 5TH REV. PAG. 189, CAB 44 MEM-DCA (AAL) 53.50 O.W. 6TH REV. PG. 36, CAB 44

$290.90

WE ISSUED A NOTICE OF OVERPAYMENT TO EASTERN AIR LINES BASED ON SUCH COMPUTATION AND EASTERN REFUNDED THE AMOUNT OF $24.30, AS REQUESTED. YOUR LETTER CLAIMING THE ADDITIONAL AMOUNT OF $35.31 CONTAINED NO INFORMATION FROM WHICH WE COULD CONCLUDE THAT THE ABOVE COMPUTATION IS INCORRECT, AND YOUR CLAIM WAS THEREFORE DISALLOWED INASMUCH AS IT APPEARED THAT EASTERN HAD BEEN PAID THE PROPER CHARGES. WE LIKEWISE FIND NOTHING IN YOUR LETTER OF DECEMBER 29, 1959, FROM WHICH WE CAN CONCLUDE THAT THE ABOVE COMPUTATION IS NOT CORRECT.

IN THE ABSENCE OF ANY EVIDENCE SHOWING WHY THE ABOVE COMPUTATION IS INCORRECT OR WHY THE CITED TARIFF PROVISIONS ARE NOT APPLICABLE, WE CAN ONLY CONCLUDE THAT EASTERN AIR LINES HAS ALREADY BEEN PAID THE LEGALLY PROPER CHARGES UNDER THE TARIFF AUTHORITIES CITED. IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO 5 GAO 6060.20 (4 CFR 55.2) WHICH READS AS FOLLOWS:

"SEC. 55.2 REVIEW BY THE COMPTROLLER GENERAL OF THE UNITED STATES. THE CLAIMANT DESIRES A REVIEW OF THE FINAL ACTION TAKEN BY THE TRANSPORTATION DIVISION UPON SETTLEMENT, HE MAY REQUEST REVIEW BY THE COMPTROLLER GENERAL. THE REQUEST SHOULD BE ADDRESSED TO THE COMPTROLLER GENERAL OF THE UNITED STATES, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., AND SHOULD SET FORTH IN DETAIL THE LEGAL, TECHNICAL, AND FACTUAL REASONS URGED AS WARRANTING REVISION OF THE ACTION KEN.'

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF AUGUST 24, 1959, APPEARS TO BE CORRECT AND IS HEREBY SUSTAINED.