B-149969, FEB. 14, 1963
Highlights
THE DISALLOWANCE IN OUR SETTLEMENT WAS BASED UPON TRAVEL AUTHORIZATION NO. 1-06911 DATED DECEMBER 13. YOU WERE REIMBURSED FOR MILEAGE INCIDENT TO THAT TRAVEL AT NOT TO EXCEED THE CONSTRUCTIVE COST OF COMMERCIAL AIR TRAVEL BETWEEN THESE LOCATIONS. YOU NOW CLAIM ADDITIONAL MILEAGE AND PER DIEM FOR YOUR TRAVEL BY AUTOMOBILE UPON THE BASIS OF YOUR AMENDED ORDERS AS BEING TRANSPORTATION WHICH IS MORE ADVANTAGEOUS TO THE GOVERNMENT UNDER SECTIONS 5.21 AND 4.32B OF THE FOREIGN SERVICE TRAVEL REGULATIONS THEN IN EFFECT. THE RECORD SHOWS SUCH TRAVEL ACTUALLY WAS PERFORMED APPROXIMATELY ELEVEN MONTHS BEFORE THE ISSUANCE OF THE AMENDED ORDER AS BEING TRAVEL INCIDENT TO YOUR HOME LEAVE UNDER THE PRIOR TRAVEL ORDER.
B-149969, FEB. 14, 1963
TO MR. JOHN D. DODGE:
YOUR UNDATED LETTER RECEIVED IN OUR OFFICE JANUARY 8, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 1, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE AND PER DIEM FOR TRAVEL FROM MANAGUA, NICARAGUA, TO ALEXANDRIA, VIRGINIA, AS AN EMPLOYEE OF THE DEPARTMENT OF STATE.
THE DISALLOWANCE IN OUR SETTLEMENT WAS BASED UPON TRAVEL AUTHORIZATION NO. 1-06911 DATED DECEMBER 13, 1960, WHICH AUTHORIZED TRAVEL FOR YOURSELF AND DEPENDENTS FROM MANAGUA TO ALEXANDRIA FOR HOME LEAVE PURPOSES AND THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM MANAGUA TO CARACAS, VENEZUELA, YOUR NEW OVERSEAS POST.
YOU NOW FURNISH A COPY OF TRAVEL AUTHORIZATION NO. 1-06911-B, DATED NOVEMBER 24, 1961, WHICH AMENDS THE PRIOR ORDER TO INDICATE WASHINGTON, D.C., AS YOUR NEW POST OF DUTY INSTEAD OF CARACAS, AND AUTHORIZES TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM MANAGUA OR THE POINT WHERE INTERRUPTED EN ROUTE TO YOUR NEW PERMANENT DUTY STATION AT WASHINGTON.
THE RECORD SHOWS YOU TRAVELED BY PRIVATELY-OWNED AUTOMOBILE FROM MANAGUA TO WASHINGTON IN JANUARY 1961, ACCOMPANIED BY YOUR DEPENDENT SON. YOU WERE REIMBURSED FOR MILEAGE INCIDENT TO THAT TRAVEL AT NOT TO EXCEED THE CONSTRUCTIVE COST OF COMMERCIAL AIR TRAVEL BETWEEN THESE LOCATIONS.
YOU NOW CLAIM ADDITIONAL MILEAGE AND PER DIEM FOR YOUR TRAVEL BY AUTOMOBILE UPON THE BASIS OF YOUR AMENDED ORDERS AS BEING TRANSPORTATION WHICH IS MORE ADVANTAGEOUS TO THE GOVERNMENT UNDER SECTIONS 5.21 AND 4.32B OF THE FOREIGN SERVICE TRAVEL REGULATIONS THEN IN EFFECT.
IF YOUR TRAVEL BY PRIVATELY-OWNED VEHICLE HAD BEEN PERFORMED INCIDENT TO YOUR AMENDED TRAVEL ORDER OF NOVEMBER 24, 1961, SUCH TRAVEL MIGHT PROPERLY BE CONSIDERED UNDER SECTIONS 5.21 AND 4.32B OF THE REGULATIONS AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. HOWEVER, THE RECORD SHOWS SUCH TRAVEL ACTUALLY WAS PERFORMED APPROXIMATELY ELEVEN MONTHS BEFORE THE ISSUANCE OF THE AMENDED ORDER AS BEING TRAVEL INCIDENT TO YOUR HOME LEAVE UNDER THE PRIOR TRAVEL ORDER. CONSEQUENTLY, WHEN THE AMENDED ORDER WAS ISSUED YOUR AUTOMOBILE ALREADY WAS LOCATED AT YOUR POINT OF LEAVE, WASHINGTON, D.C., WHICH WAS DESIGNATED AS YOUR NEW PERMANENT DUTY STATION. THEREFORE, THE AUTHORITY TO TRANSPORT YOUR HOUSEHOLD GOODS FROM MANAGUA TO WASHINGTON UNDER THE AMENDED TRAVEL ORDER AND 180 FSTR 5.21 WOULD NOT APPLY TO THE TRANSPORTATION OF YOUR AUTOMOBILE WHICH THEN WAS LOCATED AT YOUR NEW DUTY STATION AT WASHINGTON.
IN VIEW OF THE FOREGOING, THERE IS NO PROPER BASIS FOR ALLOWANCE OF ANY ADDITIONAL MILEAGE AND PER DIEM TO YOU FOR THE TRAVEL PERFORMED, AND THE DISALLOWANCE OF YOUR CLAIM MUST BE, AND IS, SUSTAINED.