B-145155, MAY 1, 1961

B-145155: May 1, 1961

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WHICH WERE DISALLOWED IN OUR SETTLEMENT OF MARCH 19. YOUR CLAIM FOR TRANSPORTATION OF YOURSELF AND YOUR DEPENDENTS WAS DISALLOWED ON THE BASIS THAT YOU FAILED TO COMPLETE THE 24 MONTHS OF SERVICE IN THE CANAL ZONE REQUIRED UNDER YOUR EMPLOYMENT AGREEMENT OF JANUARY 21. UPON RECONSIDERATION WE FEEL THAT THE FACTS AND CIRCUMSTANCES OF YOUR RESIGNATION WERE NOT SUCH AS WOULD PRECLUDE THE RETURN TRANSPORTATION OF YOURSELF AND YOUR DEPENDENTS TO THE UNITED STATES AT GOVERNMENT EXPENSE. WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM FOR REIMBURSEMENT OF THE TRAVEL AND TRANSPORTATION COSTS TO THE EXTENT OTHERWISE CORRECT UNDER THE LAW THEN IN EFFECT. THE DISALLOWANCE OF YOUR CLAIM FOR THE COST OF LOADING AND UNLOADING YOUR AUTOMOBILE IS CORRECT.

B-145155, MAY 1, 1961

TO MR. ANDREW P. LAKATOSH:

YOUR LETTER OF FEBRUARY 9, 1961, WITH ENCLOSURES, REQUESTS REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF THE COSTS OF RETURNING YOURSELF AND YOUR DEPENDENTS FROM THE CANAL ZONE TO THE UNITED STATES, FOR LOADING YOUR PERSONAL AUTOMOBILE AT CANAL ZONE, UNLOADING IT AT NEW YORK, AND FOR DRAYAGE OF PERSONAL EFFECTS FROM MCKEESPORT TO EAST MCKEESPORT, PENNSYLVANIA, WHICH WERE DISALLOWED IN OUR SETTLEMENT OF MARCH 19, 1959.

YOUR CLAIM FOR TRANSPORTATION OF YOURSELF AND YOUR DEPENDENTS WAS DISALLOWED ON THE BASIS THAT YOU FAILED TO COMPLETE THE 24 MONTHS OF SERVICE IN THE CANAL ZONE REQUIRED UNDER YOUR EMPLOYMENT AGREEMENT OF JANUARY 21, 1949, WITH THE DEPARTMENT OF THE ARMY FOR ENTITLEMENT TO RETURN TRANSPORTATION TO THE UNITED STATES BY VOLUNTARILY RESIGNING IN 1950. UPON RECONSIDERATION WE FEEL THAT THE FACTS AND CIRCUMSTANCES OF YOUR RESIGNATION WERE NOT SUCH AS WOULD PRECLUDE THE RETURN TRANSPORTATION OF YOURSELF AND YOUR DEPENDENTS TO THE UNITED STATES AT GOVERNMENT EXPENSE. THEREFORE, WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM FOR REIMBURSEMENT OF THE TRAVEL AND TRANSPORTATION COSTS TO THE EXTENT OTHERWISE CORRECT UNDER THE LAW THEN IN EFFECT.

THE DISALLOWANCE OF YOUR CLAIM FOR THE COST OF LOADING AND UNLOADING YOUR AUTOMOBILE IS CORRECT, SINCE, AS STATED IN THE SETTLEMENT, THE REGULATIONS THEN IN EFFECT, ARMY CIRCULAR 120, DATED APRIL 30, 1948, PROVIDED THAT SUCH CHARGES MUST BE BORNE BY THE EMPLOYEE. ALSO, AS STATED IN THE SETTLEMENT, YOUR CLAIM FOR DRAYAGE IS NOT ALLOWABLE IN THE ABSENCE OF A RECEIPT.