B-149147, JUL. 31, 1962

B-149147: Jul 31, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH WAS TRANSMITTED TO US FOR CONSIDERATION BY THE CHIEF. YOUR MEMORANDUM WILL BE REGARDED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORD AT THE TIME DID NOT CLEARLY ESTABLISH THAT YOU HAD PURCHASED THE AUTOMOBILE WITHIN THE PURVIEW OF DEPARTMENT OF STATE INSTRUCTION NO. THAT INSTRUCTION WAS MODIFIED BY INSTRUCTION NO. TRANSPORTATION OF YOUR PERSONALLY OWNED AUTOMOBILE WAS EXPRESSLY AUTHORIZED BY YOUR TRAVEL ORDER OF OCTOBER 12. TRAVEL BY YOU UNDER THAT ORDER WAS TO HAVE BEEN COMPLETED ON OR ABOUT NOVEMBER 30. GENERAL AUTHORITY FOR SUCH TRANSPORTATION IS FOUND IN SECTION 180 FSTR 5.21. YOU CLAIM THE CONSTRUCTIVE COST OF SHIPPING AN AUTOMOBILE PURCHASED IN GERMANY FROM FRANKFURT TO BEIRUT BY COMMERCIAL CARRIER WHICH COST IS SAID TO BE $222.84.

B-149147, JUL. 31, 1962

TO MR. RICHARD L. BARNER:

WE REFER TO YOUR MEMORANDUM OF MAY 2, 1962, WITH ENCLOSURES, TO THE ADMINISTRATIVE OFFICER, FS-703, WHICH WAS TRANSMITTED TO US FOR CONSIDERATION BY THE CHIEF, CENTRAL OFFICE ACCOUNTING BRANCH, FEDERAL AVIATION AGENCY. YOUR MEMORANDUM PERTAINS TO GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 10, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION COSTS OF AN AUTOMOBILE BETWEEN FRANKFURT, GERMANY, AND BEIRUT, LEBANON, IN AUGUST 1961. YOUR MEMORANDUM WILL BE REGARDED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORD AT THE TIME DID NOT CLEARLY ESTABLISH THAT YOU HAD PURCHASED THE AUTOMOBILE WITHIN THE PURVIEW OF DEPARTMENT OF STATE INSTRUCTION NO. CA-5729, JANUARY 6, 1961, WHICH PROHIBITS THE TRANSPORTATION AT GOVERNMENT EXPENSE OF FOREIGN MADE AUTOMOBILES PURCHASED ON OR AFTER MARCH 1, 1961. THAT INSTRUCTION WAS MODIFIED BY INSTRUCTION NO. CA-7561, MARCH 8, 1961, TO PERMIT THE SHIPMENT OF FOREIGN MADE AUTOMOBILES FOR WHICH THERE EXISTED A FIRM CONTRACT TO PURCHASE EXECUTED PRIOR TO MARCH 1, 1961, AND IT NOW APPEARS THAT YOUR CASE FALLS WITHIN THE INTENT OF THE AMENDED INSTRUCTION.

TRANSPORTATION OF YOUR PERSONALLY OWNED AUTOMOBILE WAS EXPRESSLY AUTHORIZED BY YOUR TRAVEL ORDER OF OCTOBER 12, 1960, EFFECTING YOUR TRANSFER FROM WASHINGTON, D.C., TO BEIRUT, LEBANON. TRAVEL BY YOU UNDER THAT ORDER WAS TO HAVE BEEN COMPLETED ON OR ABOUT NOVEMBER 30, 1960. GENERAL AUTHORITY FOR SUCH TRANSPORTATION IS FOUND IN SECTION 180 FSTR 5.21. IN THAT REGARD YOUR TRAVEL ORDER SPECIFICALLY PROVIDES THAT YOUR TRAVEL AND TRANSPORTATION EXPENSES SHALL BE IN ACCORDANCE WITH THE FOREIGN SERVICE REGULATIONS. YOU CLAIM THE CONSTRUCTIVE COST OF SHIPPING AN AUTOMOBILE PURCHASED IN GERMANY FROM FRANKFURT TO BEIRUT BY COMMERCIAL CARRIER WHICH COST IS SAID TO BE $222.84. WE UNDERSTAND THAT YOU TRAVELED FOR PERSONAL REASONS FROM BEIRUT TO FRANKFURT. AT THAT CITY YOU APPARENTLY ACCEPTED DELIVERY OF A NEW AUTOMOBILE ON OR ABOUT JULY 28, 1961, PICKED UP YOUR TWO SONS WHO WERE ATTENDING CAMP IN THE VICINITY OF FRANKFURT AND THEN DROVE TO BEIRUT VIA SALZBURG, AUSTRIA, ZAGREB, YUGOSLAVIA, AND ANKARA, TURKEY--- THE JOURNEY EXTENDING FROM AUGUST 1 TO 8, 1961.

THE COST OF YOUR RETURN TRAVEL--- BASED ON PER DIEM IN LIEU OF SUBSISTENCE AND MILEAGE AND 8 CENTS PER MILE FOR 2,694 MILES TO WHICH YOU MIGHT HAVE BEEN ENTITLED HAD YOU BEEN ON OFFICIAL TRAVEL--- IS SAID TO BE $312.52. SINCE, HOWEVER, YOU WERE NOT ON OFFICIAL TRAVEL AND THEREFORE NOT ENTITLED TO PER DIEM OR MILEAGE THE SIGNIFICANCE OF THE AMOUNT, $312.52, IS NOT ENTIRELY CLEAR.

SECTION 180 FSTR 3.61 PERTAINING TO TIME LIMITATION WHICH WAS IN EFFECT AT THE TIME OF MOVEMENT OF YOUR AUTOMOBILE, PROVIDED, IN PART:

"* * * THE ACTUAL DEPARTURE OF ALL DEPENDENTS AND THE BEGINNING OF SHIPMENT OF ALL EFFECTS MAY TAKE PLACE ON OR AFTER THE DATE OF THE AUTHORIZATION BUT SHALL NOT BE DEFERRED MORE THAN 6 MONTHS AFTER THE EMPLOYEE COMPLETES HIS PERSONAL TRAVEL PURSUANT TO THE AUTHORIZATION. * *

THE RECORD BEFORE US DOES NOT SHOW THE DATE ON WHICH YOU ARRIVED IN BEIRUT BUT IT APPEARS THAT YOU COMPLETED YOUR TRAVEL LATE IN DECEMBER 1960 OR EARLY IN JANUARY 1961. THUS IT WOULD SEEM THAT TRANSPORTATION OF YOUR AUTOMOBILE DID NOT BEGIN WITHIN THE 6-MONTH PERIOD AFTER YOUR ARRIVAL AT BEIRUT EVEN THOUGH IT APPEARS FROM CORRESPONDENCE IN THE RECORD THAT DELIVERY TO A CARRIER COULD HAVE BEEN EFFECTED IN EARLY JUNE. IN FACT THE DELAY IN DELIVERY OF THE AUTOMOBILE TO YOU IN FRANKFURT UNTIL ABOUT JULY 28, 1961, APPARENTLY AROSE PRIMARILY FROM PURELY PERSONAL REASONS, IZ., THAT YOU DESIRED AT THAT TIME TO TRANSPORT YOUR SONS FROM A CAMP NEAR FRANKFURT TO YOUR POST IN LEBANON. THEREFORE, ANY RIGHT YOU MAY HAVE HAD TO TRANSPORTATION UNDER SECTION 180 FSTR 5.21 APPEARS TO HAVE BEEN LOST BY YOUR FAILURE TO HAVE YOUR AUTOMOBILE TRANSPORTED WITHIN THE 6-MONTH TIME LIMIT SPECIFIED IN SECTION 3.61 OF THE REGULATIONS. SEE I FSM III 155.

WHILE SECTION 180 FSTR 3.64 AUTHORIZES A WAIVER OF THE TIME LIMITATION BY THE OFFICER HAVING AUTHORITY TO AUTHORIZE OR APPROVE TRAVEL WHEN IN HIS JUDGMENT THE CIRCUMSTANCES WARRANT, SUCH A WAIVER NECESSARILY MUST BE BASED ON ELEMENTS OF EQUITY OR SOME INTEREST OF THE UNITED STATES NEITHER OF WHICH APPEAR TO BE PRESENT IN YOUR CASE. ON THE CONTRARY, ASIDE FROM ANY BENEFITS WHICH MAY HAVE BEEN DERIVED FROM THE TOUR, IT APPEARS THAT YOU SAVED A PERSONAL EXPENDITURE FOR COSTS OF TRANSPORTING YOUR SONS FROM FRANKFURT TO BEIRUT. IN ANY EVENT NO SUCH WAIVER APPEARS OF RECORD.

IT IS NOTED THAT DEPARTMENT OF STATE INSTRUCTION NO. CA-7516, MARCH 8, 1961, PROVIDES THAT TRANSPORTATION WILL BE ALLOWED IF AN EMPLOYEE ACQUIRES PHYSICAL POSSESSION OF THE AUTOMOBILE BEFORE DECEMBER 31, 1961. HOWEVER, THAT PROVISION OF CA-7516 CAN BE CONSTRUED ONLY AS PERTAINING TO THE TRANSPORTATION OF NEW AUTOMOBILES UNDER SECTION 180 FSTR 5.23. SECTION 5.23, OF COURSE, CANNOT APPLY IN YOUR CASE SINCE YOU ACCEPTED DELIVERY IN FRANKFURT AND THE ENSUING TRANSPORTATION WAS NOT THAT OF A NEW AUTOMOBILE.

IN THE LIGHT OF THE FOREGOING WE ARE UNABLE TO FIND A BASIS UPON WHICH TO AUTHORIZE ALLOWANCE TO YOU OF THE CONSTRUCTIVE COST OF TRANSPORTING YOUR AUTOMOBILE FROM FRANKFURT TO LEBANON. THEREFORE, THE CONCLUSION IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 10, 1962, IS CORRECT AND UPON REVIEW, IT MUST BE, AND IS SUSTAINED.