B-145583, MAY 1, 1961

B-145583: May 1, 1961

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YOU SAY THAT YOUR CLAIM IS NOT FOR AN ADDITIONAL AMOUNT BUT. IS A REQUEST THAT THE CLAIM OF MSTS FOR $23.78. IN THAT REGARD YOU INCLUDE IN YOUR CURRENT LETTER A STATEMENT TO THE EFFECT THAT BY VIRTUE OF YOUR EMPLOYMENT AGREEMENT AND YOUR RETURN TRAVEL ORDERS YOU ARE NOT OBLIGATED FOR THE CHARGE IN QUESTION. WHICH IS THE BASIC AUTHORIZATION FOR THE PAYMENT OF TRANSPORTATION EXPENSES OF DEPENDENTS OF TRANSFERRED CIVILIAN EMPLOYEES OF THE GOVERNMENT. IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. WAS ISSUED. THERE IS NO AUTHORITY FOR THE DEPARTMENT OF THE NAVY TO ASSUME THE COST OF SUBSISTENCE FURNISHED YOUR DEPENDENTS ABOARD THE USNS GEIGER. NOTWITHSTANDING ANY AGREEMENT TO THE CONTRARY YOU MAY HAVE ENTERED INTO WITH AN OFFICER OR EMPLOYEE OF THE GOVERNMENT.

B-145583, MAY 1, 1961

TO MR. LAUREN C. KLEIN:

YOUR LETTER OF MARCH 26, 1961, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF MARCH 14, 1961, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR TRAVEL AND TRANSPORTATION EXPENSES INCURRED BY YOU INCIDENT TO YOUR TRAVEL WITH DEPENDENT WIFE AND DAUGHTER, FROM MADRID, SPAIN, TO LOS ANGELES, CALIFORNIA, UPON SEPARATION FROM THE DEPARTMENT OF THE NAVY.

YOU SAY THAT YOUR CLAIM IS NOT FOR AN ADDITIONAL AMOUNT BUT, RATHER, IS A REQUEST THAT THE CLAIM OF MSTS FOR $23.78, REPRESENTING SUBSISTENCE FURNISHED YOUR DEPENDENTS, BE CHARGED TO THE NAVY APPROPRIATION ACCOUNT 17X3980.2590. IN THAT REGARD YOU INCLUDE IN YOUR CURRENT LETTER A STATEMENT TO THE EFFECT THAT BY VIRTUE OF YOUR EMPLOYMENT AGREEMENT AND YOUR RETURN TRAVEL ORDERS YOU ARE NOT OBLIGATED FOR THE CHARGE IN QUESTION.

SECTION 1 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, AS AMENDED, 5 U.S.C. 73B-1, WHICH IS THE BASIC AUTHORIZATION FOR THE PAYMENT OF TRANSPORTATION EXPENSES OF DEPENDENTS OF TRANSFERRED CIVILIAN EMPLOYEES OF THE GOVERNMENT, READS IN PERTINENT PART AS FOLLOWS:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL, EXCEPT AS OTHERWISE PROVIDED HEREIN, WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY * * *.'

PURSUANT THERETO EXECUTIVE ORDER 10196 DATED DECEMBER 20, 1950, WAS ISSUED. SECTION 3 THEREOF PROVIDES IN EFFECT FOR THE PAYMENT OF TRANSPORTATION OF THE IMMEDIATE FAMILY, SUBJECT TO THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SECTION 3.1 OF THOSE REGULATIONS PROVIDES THAT "TRANSPORTATION INCLUDES ALL NECESSARY OFFICIAL TRAVEL ON RAILROADS, AIRLINES, STEAMBOATS, BUSSES, STREETCARS, TAXICABS AND OTHER USUAL MEANS OF CONVEYANCE.'

SINCE THE PROVISIONS OF LAW AND REGULATIONS GOVERNING THE MOVEMENT OF DEPENDENTS LIMITS REIMBURSEMENT IN SUCH CASES TO TRANSPORTATION, THERE IS NO AUTHORITY FOR THE DEPARTMENT OF THE NAVY TO ASSUME THE COST OF SUBSISTENCE FURNISHED YOUR DEPENDENTS ABOARD THE USNS GEIGER, NOTWITHSTANDING ANY AGREEMENT TO THE CONTRARY YOU MAY HAVE ENTERED INTO WITH AN OFFICER OR EMPLOYEE OF THE GOVERNMENT. THEREFORE, YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $23.78, WHICH SUM SHOULD BE REMITTED AS POINTED OUT IN OUR OFFICE SETTLEMENT OF MARCH 14, 1961.

UPON REVIEW WE FIND THAT THE SETTLEMENT IS CORRECT IN SUBSTANCE AND IT IS HEREBY SUSTAINED.