B-149912, OCT. 15, 1962

B-149912: Oct 15, 1962

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YOU WERE DIRECTED BY TRAVEL AUTHORIZATION NO. 2-02297. TRANSPORTATION OF YOUR DEPENDENTS WAS AUTHORIZED. THE REIMBURSEMENT VOUCHER SUBMITTED BY YOU SHOWS THAT THE TRAVEL WAS PERFORMED BETWEEN JULY 22 AND OCTOBER 4. THAT IS. A PART OF THE TRANSPORTATION COSTS WAS PAID BY YOU. AT THE TIME THE TRAVEL WAS PERFORMED REIMBURSEMENT FOR INDIRECT TRAVEL FOR PERSONAL CONVENIENCE WAS GOVERNED BY STATE DEPARTMENT INSTRUCTION CA- 8848. THE FOLLOWING WILL APPLY: "A. REIMBURSEMENT FOR PER DIEM AND INCIDENTAL EXPENSES THAT WOULD HAVE BEEN INVOLVED BY UNINTERRUPTED FIRST-CLASS AIR TRAVEL VIA THE MOST DIRECT USUALLY TRAVELED ROUTE.'. YOU WERE REIMBURSED BY THE AGENCY IN ACCORDANCE WITH THE ABOVE-QUOTED PROVISIONS WHICH ACTION RESULTED IN AN ADMINISTRATIVE SUSPENSION OF $150.18 OF THE AMOUNT CLAIMED.

B-149912, OCT. 15, 1962

TO MR. FRANCIS J. MEEHAN:

ON SEPTEMBER 10, 1962, YOU REQUESTED REVIEW OF OUR SETTLEMENT DATED JUNE 26, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM AND OTHER EXPENSES INCURRED FOR TRAVEL INCIDENT TO YOUR SERVICE WITH THE DEPARTMENT OF STATE DURING THE PERIOD JULY TO OCTOBER, 1961.

YOU WERE DIRECTED BY TRAVEL AUTHORIZATION NO. 2-02297, DATED JULY 18, 1961, TO TRAVEL FROM MOSCOW, U.S.S.R., TO VIENNA, VIRGINIA, FROM HOME LEAVE AND CONSULTATION, THENCE TO BERLIN, GERMANY, A NEW DUTY STATION. TRANSPORTATION OF YOUR DEPENDENTS WAS AUTHORIZED.

THE REIMBURSEMENT VOUCHER SUBMITTED BY YOU SHOWS THAT THE TRAVEL WAS PERFORMED BETWEEN JULY 22 AND OCTOBER 4, 1961, AND FOR PERSONAL REASONS YOU TRAVELED FROM MOSCOW TO VIENNA VIA AMSTERDAM, GLASGOW AND LONDON, THAT IS, BY AN INDIRECT ROUTE. A PART OF THE TRANSPORTATION COSTS WAS PAID BY YOU.

AT THE TIME THE TRAVEL WAS PERFORMED REIMBURSEMENT FOR INDIRECT TRAVEL FOR PERSONAL CONVENIENCE WAS GOVERNED BY STATE DEPARTMENT INSTRUCTION CA- 8848, APRIL 13, 1961, THE PERTINENT PROVISIONS OF WHICH READ AS FOLLOWS:

"* * * FOR ALL INDIRECT TRAVEL FOR PERSONAL CONVENIENCE IRRESPECTIVE OF MODE/S) OR CLASS/ES) UTILIZED COMMENCING ON OR AFTER MAY 1, 1961, THE FOLLOWING WILL APPLY:

"A. ALLOWABLE EXPENSES

"1. PAYMENT OF THE COST OF FIRST-CLASS AIR TRANSPORTATION BY PROPELLER- DRIVEN OR JET AIRCRAFT (EXCLUSIVE OR SLEEPER ACCOMMODATIONS) VIA THE MOST DIRECT USUALLY TRAVELED ROUTE BETWEEN THE AUTHORIZED POINTS OF TRAVEL.

"2. REIMBURSEMENT FOR PER DIEM AND INCIDENTAL EXPENSES THAT WOULD HAVE BEEN INVOLVED BY UNINTERRUPTED FIRST-CLASS AIR TRAVEL VIA THE MOST DIRECT USUALLY TRAVELED ROUTE.'

SINCE YOU TRAVELED BY AN INDIRECT ROUTE FROM MOSCOW TO VIENNA, YOU WERE REIMBURSED BY THE AGENCY IN ACCORDANCE WITH THE ABOVE-QUOTED PROVISIONS WHICH ACTION RESULTED IN AN ADMINISTRATIVE SUSPENSION OF $150.18 OF THE AMOUNT CLAIMED. YOUR RECLAIM FOR $149.43 OF THIS AMOUNT WAS DISALLOWED BY THIS OFFICE.

IN YOUR LETTER OF SEPTEMBER 10, 1962, YOU POINT OUT THAT STATE DEPARTMENT INSTRUCTION CW-6903, MARCH 2, 1962, PROVIDES THAT WHEN A TRAVELER DEVIATES FROM A USUALLY TRAVELED ROUTE FOR PERSONAL CONVENIENCE, CONSTRUCTIVE COSTS SHALL APPLY ONLY TO THAT PORTION OF THE JOURNEY WHICH IS BY AN INDIRECT ROUTE. IN VIEW THEREOF YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM.

IT IS WELL ESTABLISHED THAT WHEN REGULATIONS ARE ISSUED, RIGHTS THEREUNDER BECOME FIXED AND ALTHOUGH SUCH REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE OR DECREASE RIGHTS GIVEN THEREBY, THEY MAY NOT BE SO AMENDED RETROACTIVELY. SEE 27 COMP. GEN. 339; 32 ID. 315; AND 40 ID. 242.

SINCE YOUR TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF CW-6903 ON MARCH 2, 1962, THE PROVISIONS THEREOF ARE NOT APPLICABLE TO YOUR CLAIM.