B-142402, APR. 11, 1960

B-142402: Apr 11, 1960

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THAT VOUCHER IS. THE RECORD SHOWS THAT YOU WERE SCHEDULED TO DEPART FROM NEW YORK. THE SAILING WAS REPEATEDLY DELAYED AND DID NOT IN FACT OCCUR UNTIL NOON. THAT YOU WERE INFORMED UPON REPORTING ABOARD SHIP THAT ITS SAILING HAD BEEN FURTHER DELAYED UNTIL NOON. THE RECORD FURTHER SHOWS THAT YOU WERE PAID PER DIEM FOR THE TRAVEL IN QUESTION BEGINNING WITH THE LAST QUARTER DAY OF OCTOBER 9 AND THAT YOUR CLAIM FOR PER DIEM FROM THE LAST QUARTER DAY OF OCTOBER 4 TO THE LAST QUARTER DAY OF OCTOBER 9 WAS DISALLOWED BY OUR SETTLEMENT OF JANUARY 20. SINCE YOU WERE ON LEAVE IN ST. 136.22 THE DEPARTMENT OF STATE WILL NOT QUESTION PER DIEM PAYMENTS. I FSM III 137.1 PERMITS THE PAYMENT OF PER DIEM FOR PERIODS A TRAVELER IS DELAYED BECAUSE A CARRIER DOES NOT ADHERE TO ITS SCHEDULE.

B-142402, APR. 11, 1960

TO MR. STANLEY BALDINGER:

ON MARCH 8, 1960, THE DEPARTMENT OF STATE, DIVISION OF FINANCE, FORWARDED HERE FOR OUR CONSIDERATION YOUR TRAVEL VOUCHER FOR $12. THAT VOUCHER IS, IN EFFECT, A REQUEST FOR RECONSIDERATION OF A PART OF OUR SETTLEMENT OF JANUARY 20, 1960, WHICH DISALLOWED YOUR CLAIM FOR $60 COVERING ADDITIONAL PER DIEM INCIDENT TO YOUR TRAVEL FROM ST. PAUL, MINNESOTA, TO ROME, ITALY, PURSUANT TO YOUR TRANSFER FROM WASHINGTON, D.C., TO ROME.

THE RECORD SHOWS THAT YOU WERE SCHEDULED TO DEPART FROM NEW YORK, NEW YORK, ABOARD THE SS CONSTITUTION AT NOON, OCTOBER 5, 1959, BUT THAT, BECAUSE OF A DOCK STRIKE, THE SAILING WAS REPEATEDLY DELAYED AND DID NOT IN FACT OCCUR UNTIL NOON, OCTOBER 10, 1959. YOU SAY THAT WITH THE UNDERSTANDING THAT SAILING WOULD BE ON THE 9TH, YOU DEPARTED ST. PAUL AT 1:00 A.M., AND ARRIVED IN NEW YORK AT 8:00 A.M., ON THAT DATE, BUT THAT YOU WERE INFORMED UPON REPORTING ABOARD SHIP THAT ITS SAILING HAD BEEN FURTHER DELAYED UNTIL NOON, OCTOBER 10.

THE RECORD FURTHER SHOWS THAT YOU WERE PAID PER DIEM FOR THE TRAVEL IN QUESTION BEGINNING WITH THE LAST QUARTER DAY OF OCTOBER 9 AND THAT YOUR CLAIM FOR PER DIEM FROM THE LAST QUARTER DAY OF OCTOBER 4 TO THE LAST QUARTER DAY OF OCTOBER 9 WAS DISALLOWED BY OUR SETTLEMENT OF JANUARY 20, 1960. YOU NOW CLAIM PER DIEM FROM THE LAST QUARTER DAY OF OCTOBER 8 TO THE LAST QUARTER DAY OF OCTOBER 9 ON THE BASIS THAT YOU PROCEEDED TO NEW YORK UNDER INSTRUCTIONS INFORMING YOU THAT YOU WOULD DEPART ON OCTOBER 9 AND THAT BECAUSE OF THE FACT THAT YOU DID NOT RECEIVE INFORMATION THAT THE SAILING OF THE CONSTITUTION HAD BEEN FURTHER DELAYED UNTIL YOU HAD REACHED NEW YORK YOU HAD TO WAIT THERE FOR APPROXIMATELY 24 HOURS.

SINCE YOU WERE ON LEAVE IN ST. PAUL FOR PERSONAL REASONS YOUR ENTITLEMENT TO PER DIEM MUST BE LIMITED TO THAT NECESSARY FOR TRAVEL FROM WASHINGTON, D.C., YOUR OLD HEADQUARTERS. I FSM III, 122.21 (P1), 3. UNDER I FSM III, 136.22 THE DEPARTMENT OF STATE WILL NOT QUESTION PER DIEM PAYMENTS, FOR THE CONSTRUCTIVE TRAVEL IN QUESTION, FOR TRAVEL AFTER 7:00 P.M., OF THE DAY PRECEDING DEPARTURE, HOWEVER, ANY PER DIEM CLAIMED PRIOR FOR THAT TIME MUST BE EXPLAINED OR JUSTIFIED. SEE I FSM III 136.21. SINCE YOU HAD NO NOTICE OF THE FINAL DELAY OF THE SAILING OF THE CONSTITUTION UNTIL YOU REACHED NEW YORK AND SINCE, I FSM III 137.1 PERMITS THE PAYMENT OF PER DIEM FOR PERIODS A TRAVELER IS DELAYED BECAUSE A CARRIER DOES NOT ADHERE TO ITS SCHEDULE, YOU ARE ENTITLED TO PER DIEM FOR THE ADDITIONAL CONSTRUCTIVE TIME YOU COULD HAVE SPENT IN A TRAVEL STATUS DUE TO THE DELAY IN SAILING.

YOUR ORIGINAL VOUCHER SHOWS THAT YOU ARRIVED IN NEW YORK AT 8:00 A.M., OCTOBER 9, IN ORDER TO BOARD SHIP BETWEEN 10:00 A.M., AND NOON OF THAT DAY. ON A CONSTRUCTIVE BASIS, IT WOULD NOT HAVE BEEN NECESSARY FOR YOU TO LEAVE WASHINGTON BEFORE 12:01 A.M., OF OCTOBER 9 IN ORDER TO REACH NEW YORK BY 8:00 A.M. THEREFORE, YOU MAY BE ALLOWED ADDITIONAL PER DIEM ONLY FOR THE FIRST THREE-QUARTERS OF OCTOBER 9. THE ADDITIONAL ONE-QUARTER DAY CLAIMED MUST BE DISALLOWED.

FOR THE REASONS STATED, WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO ISSUE SETTLEMENT TO YOU FOR THE FIRST THREE-QUARTERS OF OCTOBER 9 AT THE APPLICABLE RATE.