B-148354, APR. 26, 1962

B-148354, APR. 26, 1962

TO MR. EUGENE N. MERRILL:

ON FEBRUARY 26, 1962, YOU REQUESTED REVIEW OF OUR OFFICE SETTLEMENT OF FEBRUARY 16, 1962, PERTAINING TO YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES YOU INCURRED FOR TRAVEL OF YOUR FAMILY TO THE UNITED STATES INCIDENT TO YOUR SEPARATION FROM SERVICE WITH THE DEPARTMENT OF STATE (NORTH ATLANTIC TREATY ORGANIZATION) TO ACCEPT A POSITION WITH THE DEPARTMENT OF THE ARMY.

BY TRAVEL ORDERS DATED MARCH 13, 1961, YOU WERE AUTHORIZED TO PROCEED FROM PARIS, FRANCE, TO SALT LAKE CITY, UTAH, IN CONNECTION WITH THE TERMINATION OF YOUR APPOINTMENT. ON MARCH 29 THE ORDER WAS AMENDED TO PERMIT TRAVEL VIA WASHINGTON, D.C., FOR CONSULTATION. YOU TRAVELED FROM PARIS TO WASHINGTON ON MARCH 29, 1961, BY GOVERNMENT AIRCRAFT AND YOUR SERVICE WITH THE DEPARTMENT OF STATE WAS TERMINATED ON APRIL 3. ON THAT DAY YOU WERE APPOINTED DEPUTY ASSISTANT SECRETARY OF THE ARMY. YOUR WIFE AND FIVE CHILDREN STAYED IN PARIS AFTER YOUR DEPARTURE TO ENABLE THE CHILDREN TO FINISH THE SCHOOL YEAR THERE. YOUR SON, HYDE, TRAVELED FROM PARIS TO NEW YORK, NEW YORK, ON JUNE 10, BY COMMERCIAL AIR AND PROCEEDED TO SALT LAKE CITY, UTAH, YOUR PERMANENT RESIDENCE IN THE UNITED STATES, BY PRIVATELY OWNED AUTOMOBILE ARRIVING IN SALT LAKE CITY ON JUNE 16, AFTER A SHORT DELAY IN WASHINGTON. MRS. MERRILL AND YOUR FOUR YOUNGER CHILDREN DEPARTED PARIS ON JUNE 20, TRAVELED BY COMMERCIAL VESSEL FROM LE HAVRE, FRANCE, TO NEW YORK, AND BY PRIVATELY OWNED AUTOMOBILE FROM NEW YORK TO FALLS CHURCH, VIRGINIA, YOUR RESIDENCE IN THE WASHINGTON AREA, ARRIVING ON JUNE 28. BETWEEN JULY 29 AND AUGUST 1 YOU TRAVELED BY PRIVATELY OWNED AUTOMOBILE WITH MRS. MERRILL AND THE CHILDREN FROM FALLS CHURCH TO SALT LAKE CITY. YOU LATER RETURNED TO FALLS CHURCH WITH MRS. MERRILL AND THE FOUR YOUNGER CHILDREN.

SECTION 1.2R OF THE FOREIGN SERVICE TRAVEL REGULATIONS REQUIRES THE CONSTRUCTIVE COST OF TRAVEL AUTHORIZED SEPARATED EMPLOYEES BE COMPUTED AS OF THE DAY FOLLOWING THE LAST DAY OF DUTY AT AN OVERSEAS STATION. THE CONSTRUCTIVE COST CEILING SHOULD INCLUDE THE COST OF TRAVEL OF ALL PERSONS ENTITLED TO TRAVEL AT GOVERNMENT EXPENSE UNDER THE TRAVEL AUTHORIZATION IN QUESTION. THEREFORE, THE CONSTRUCTIVE COST CEILING COVERING TRAVEL FOR YOU AND YOUR FAMILY IS TO BE COMPARED WITH THE ACTUAL TRAVEL COSTS, INCLUDING MILEAGE AND PER DIEM, AS PAID BY THE GOVERNMENT AND CLAIMED BY YOU. IN COMPUTING THE CONSTRUCTIVE COST CEILING LOWEST FIRST CLASS ACCOMMODATIONS FOR SHIP TRAVEL WILL BE USED FOR YOUR SELF AND FOR THOSE MEMBERS OF YOUR FAMILY WHO TRAVELED BY SEA.

SINCE SALT LAKE CITY WAS DESIGNATED AS YOUR RESIDENCE FOR HOME LEAVE AND SEPARATION PURPOSES UNDER THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF STATE AND SINCE YOU DEPARTED FROM PARIS INCIDENT TO SEPARATION ORDERS AND ARRIVED IN THE UNITED STATES BEFORE BEING APPOINTED IN YOUR POSITION WITH THE DEPARTMENT OF THE ARMY, COSTS INCURRED FOR TRAVEL OF YOUR FAMILY TO SALT LAKE CITY, NOT TO EXCEED THE CONSTRUCTIVE COST OF DIRECT TRAVEL FOR YOUR FAMILY TO THAT POINT, ARE ALLOWABLE. IN THAT REGARD, DEPARTMENT OF STATE INSTRUCTION NO. CA 3584, OCTOBER 18, 1960, PROVIDES THAT REIMBURSEMENT FOR TRAVEL BY AN INDIRECT ROUTE SHALL NOT EXCEED THE COST OF TRAVEL BY A DIRECT USUALLY TRAVELED ROUTE BY THE MODE OF TRANSPORTATION USED. THEREFORE, MILEAGE FOR THE TRAVEL OF YOUR FAMILY BY TWO AUTOMOBILES FROM NEW YORK TO SALT LAKE CITY VIA WASHINGTON MUST BE LIMITED TO THAT SHOWN IN THE STANDARD HIGHWAY MILEAGE GUIDES FOR DIRECT TRAVEL BETWEEN NEW YORK AND SALT LAKE CITY. APPROPRIATE ADDITIONAL PER DIEM FOR TRAVEL TO SALT LAKE CITY LIKEWISE IS ALLOWABLE.

REGARDING THE BAGGAGE WHICH YOU SHIPPED FROM NEW YORK TO FALLS CHURCH INCIDENT TO THE RETURN OF YOUR FAMILY, THE $5 YOU PAID AS A TIP TO "DOCK WHITE COLLAR PERSONNEL" IS NOT REIMBURSABLE SINCE TIPS, FEES, ETC., TO PORTERS, BAGGAGE MEN, ETC., FOR THE HANDLING OF BAGGAGE AT A COMMON CARRIER TERMINAL ARE EXPENSES INCLUDED IN PER DIEM. SINCE IT APPEARS THAT TRANSFER OF YOUR BAGGAGE FROM THE DOCK TO THE RAILWAY EXPRESS AGENCY BY TAXI WAS REASONABLY NECESSARY IN VIEW OF THE DOCK WORKERS STRIKE THE $15 YOU PAID FOR SUCH SERVICE MAY BE ALLOWED ALTHOUGH IT EXCEEDS THE COST CHARGED FOR DOCK PICKUP SERVICE BY THE EXPRESS AGENCY.

IT APPEARS THAT THE RAILWAY EXPRESS AGENCY COMPUTED THE CHARGE FOR TRANSPORTING THAT BAGGAGE FROM NEW YORK TO FALLS CHURCH AT THE FIRST CLASS RATE RATHER THAN AT THE LOWER RATE WHICH WAS PROPERLY APPLICABLE TO THAT SHIPMENT. THE GOVERNMENT IS LIABLE ONLY FOR THE CORRECT CHARGES ON SHIPMENTS MADE BY EMPLOYEES AND NOT FOR CHARGE BASED UPON IMPROPER RATES, VALUATION CHARGES OR OTHER CHARGES NOT NECESSARY TO THE TRANSPORTATION INVOLVED. THEREFORE REIMBURSEMENT FOR SHIPPING COST OF YOUR BAGGAGE IS LIMITED TO THE SUM ALLOWED TO YOU, $17.44, THE LOWEST RATES AVAILABLE TO YOU FOR THE NECESSARY TRANSPORTATION.

WE ARE TODAY INSTRUCTING THE CLAIMS DIVISION OF OUR OFFICE TO COMPUTE THE AMOUNT OF YOUR REIMBURSEMENT FOR THE TRAVEL PERFORMED ACCORDING TO THE STANDARDS SET OUT ABOVE. SETTLEMENT WILL ISSUE TO YOU FOR THE AMOUNT FOUND DUE AS A RESULT OF SUCH RECOMPUTATION.