B-151182, APR. 30, 1963

B-151182: Apr 30, 1963

Additional Materials:

Contact:

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

 

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

THE RECORD SHOWS YOU WERE NOT AN EMPLOYEE OF THE NAVY DEPARTMENT BUT WERE ACCREDITED AS A U.S. YOU ARE HEREBY AUTHORIZED TO TAKE PASSAGE IN NAVAL VESSELS AND IN MILITARY AIRCRAFT. - YOU ARE ACCREDITED TO THE OFFICER IN CHARGE. UPON COMPLETION OF YOUR SCIENTIFIC DUTIES UNDER THE ANTARCTIC PROGRAMS YOU WERE AUTHORIZED TO RETURN TO THE UNITED STATES ON THE U.S.S. WHILE YOU WERE EN ROUTE TO THE UNITED STATES ABOARD THAT SHIP ON MARCH 17. YOU WERE EMPLOYED BY THE LAMONT GEOLOGICAL OBSERVATORY FOR THE PURPOSE OF PERFORMING OCEANOGRAPHIC RESEARCH IN THE INDIAN OCEAN AND THE RED SEA. THE DEPARTMENT OF THE NAVY SAYS THAT "THESE ACTIVITIES WERE NOT IN CONNECTION WITH THE DUTIES IN RELATION TO ANTARCTIC OPERATIONS FOR WHICH HE WAS EMPLOYED.'.

B-151182, APR. 30, 1963

TO MR. WILLIAM J. CROMIE:

YOUR LETTER OF MARCH 18, 1963, RELATES TO OUR REQUEST OF MARCH 6, 1963, THAT YOU REMIT THE $468 DUE THE UNITED STATES FOR TRANSPORTATION FURNISHED TO YOU BY THE MILITARY AIR TRANSPORT SERVICE FROM PORT LYAUTEY, MOROCCO, TO NORFOLK, VIRGINIA.

THE RECORD SHOWS YOU WERE NOT AN EMPLOYEE OF THE NAVY DEPARTMENT BUT WERE ACCREDITED AS A U.S. NAVY TECHNICIAN FOR THE PURPOSE OF TRAVEL IN NAVAL VESSELS AND MILITARY AIRCRAFT AS AN EMPLOYEE OF THE ARCTIC INSTITUTE OF NORTH AMERICA, AGENT FOR THE UNITED STATES COMMITTEE--- INTERNATIONAL GEOPHYSICAL YEAR. YOUR ORDERS FROM THE CHIEF OF NAVAL OPERATIONS PROVIDED AN "AUTHORIZATION TO TAKE PASSAGE IN NAVAL VESSELS AND MILITARY AIRCRAFT PROCEEDING TO OR IN NEW ZEALAND, SOUTHERN PACIFIC, ANTARCTIC AREAS AND RETURN.'

YOUR ORDERS FURTHER PROVIDED IN PERTINENT PART AS FOLLOWS:

"1. YOU ARE HEREBY AUTHORIZED TO TAKE PASSAGE IN NAVAL VESSELS AND IN MILITARY AIRCRAFT, WHEN DESIGNATED BY THE PROPER AUTHORITY, WITH A PRIORITY TWO AS A U.S. NAVY TECHNICIAN REPRESENTING THE ARCTIC INSTITUTE OF NORTH AMERICA (USNC-IGY/--- AT THE REQUEST OF THE OFFICER IN CHARGE, U.S. ANTARCTIC PROGRAMS--- YOU ARE ACCREDITED TO THE OFFICER IN CHARGE, U.S. ANTARCTIC PROGRAMS--- FOR THE PURPOSE OF SCIENTIFIC RESEARCH IN CONNECTION WITH OPERATION DEEP FREEZE II.

"2. * * * UPON COMPLETION OF THIS ASSIGNMENT, THIS LETTER SHOULD BE RETURNED TO THE CHIEF OF NAVAL OPERATIONS VIA THE OFFICER IN CHARGE, U.S. ANTARCTIC PROGRAMS.'

YOU ARRIVED AT ANTARCTICA ABOARD THE U.S.S. CURTIS ON JANUARY 30, 1957. UPON COMPLETION OF YOUR SCIENTIFIC DUTIES UNDER THE ANTARCTIC PROGRAMS YOU WERE AUTHORIZED TO RETURN TO THE UNITED STATES ON THE U.S.S. ARNEB ON A SPACE AVAILABLE BASIS. WHILE YOU WERE EN ROUTE TO THE UNITED STATES ABOARD THAT SHIP ON MARCH 17, 1958, YOU VOLUNTARILY DEBARKED AT MELBOURNE, AUSTRALIA. THE U.S.S. ARNEB THEN CONTINUED ITS VOYAGE TO THE CONTINENTAL UNITED STATES. YOU THEN APPARENTLY PROCEEDED FROM AUSTRALIA TO CAPETOWN, AFRICA, AT YOUR OWN EXPENSE. ON APRIL 7, 1958, YOU TERMINATED YOUR EMPLOYMENT WITH THE ARCTIC INSTITUTE OF NORTH AMERICA, AND YOU WERE EMPLOYED BY THE LAMONT GEOLOGICAL OBSERVATORY FOR THE PURPOSE OF PERFORMING OCEANOGRAPHIC RESEARCH IN THE INDIAN OCEAN AND THE RED SEA. THE DEPARTMENT OF THE NAVY SAYS THAT "THESE ACTIVITIES WERE NOT IN CONNECTION WITH THE DUTIES IN RELATION TO ANTARCTIC OPERATIONS FOR WHICH HE WAS EMPLOYED.' ALSO, WE UNDERSTAND THAT THE LAMONT GEOLOGICAL OBSERVATORY WAS NOT AN AGENT FOR THE NAVY AND THERE WAS NO NAVY CONTRACT COVERING THE SERVICES WITH THE OBSERVATORY.

UPON COMPLETION OF YOUR SCIENTIFIC RESEARCH FOR THE LAMONT GEOLOGICAL OBSERVATORY, ALTHOUGH YOUR ORDERS SHOULD HAVE BEEN PREVIOUSLY RETURNED TO THE CHIEF OF NAVAL OPERATIONS AFTER APRIL 7, 1958, UNDER THE EXPRESS DIRECTIONS THEREON, YOU USED THEM ON JULY 25, 1958, TO PROCURE TRANSPORTATION ON A MILITARY AIR TRANSPORT SERVICE PLANE FROM PORT LYAUTEY, MOROCCO, TO NORFOLK, VIRGINIA. UNDER THE REQUIREMENTS OF DEPARTMENT OF DEFENSE DIRECTIVE 7410.4, JULY 17, 1958, ISSUED PURSUANT TO THE NATIONAL SECURITY ACT OF 1947, 5 U.S.C. 171, THE DEPARTMENT OF THE NAVY WAS BILLED FOR THE COST OF YOUR TRANSPORTATION WHICH WAS $468. UNDER THE FACTS IN YOUR CASE AS SET FORTH ABOVE THE APPROPRIATIONS OF THE NAVY ARE NOT AVAILABLE TO PAY THE MILITARY AIR TRANSPORT SERVICE FOR THE UNSPONSORED TRANSPORTATION RENDERED YOU; THEREFORE THE LIABILITY RESTS WITH YOU.

YOU NOW SAY THAT THE EXPENSES OF THE MATS FLIGHT SHOULD BE BORNE BY THE DEPARTMENT OF THE NAVY SINCE YOUR OCEANOGRAPHIC RESEARCH IN THE INDIAN OCEAN AND THE RED SEA FOR THE OBSERVATORY AND YOUR RESEARCH IN THE ANTARCTIC PROGRAMS WERE BOTH INCIDENTAL TO THE WORLD-WIDE RESEARCH PROGRAM OF THE INTERNATIONAL GEOPHYSICAL YEAR. THERE WAS NO OVERALL RESPONSIBILITY OF THE GOVERNMENT TO PAY FOR TRAVEL IN CONNECTION WITH SCIENTIFIC MATTERS CONDUCTED DURING THAT YEAR AND YOUR AGREEMENT FOR TRANSPORTATION INCIDENTAL TO A GRANT BY THE DEPARTMENT OF THE NAVY TO THE ARCTIC INSTITUTE OF NORTH AMERICA WAS LIMITED TO THAT PART OF THE WORLD- WIDE SCIENTIFIC RESEARCH RELATING TO THE ANTARCTIC PROGRAMS. FURTHERMORE, AS INDICATED ABOVE, THE ORDERS YOU PRESENTED AT PORT LYAUTEY TO OBTAIN TRANSPORTATION TO THE CONTINENTAL UNITED STATES WERE BY THEIR TERMS THEN NO LONGER VALID.

BY YOUR VOLUNTARY DETACHMENT FROM THE U.S.S. ARNEB WHILE EN ROUTE TO THE UNITED STATES YOU WAIVED ANY FURTHER RIGHTS FOR YOUR RETURN TRANSPORTATION BY GOVERNMENT MEANS OR AT GOVERNMENT EXPENSE BECAUSE OF PERSONAL REASONS TO ENGAGE IN ACTIVITIES THE DUTIES OF WHICH HAD NO RELATION TO THE ANTARCTIC PROGRAMS FOR WHICH YOUR TRAVEL WAS AUTHORIZED BY THE DEPARTMENT OF THE NAVY.

UNDER THE CIRCUMSTANCES AND IN VIEW OF THE RECORD NOW BEFORE US, WE KNOW OF NO PROPER BASIS UNDER THE AGREEMENT BETWEEN YOUR EMPLOYER AND THE DEPARTMENT OF THE NAVY WHICH WOULD AUTHORIZE THAT DEPARTMENT TO ASSUME THE PAYMENT OF THE ADDITIONAL TRANSPORTATION EXPENSES FOR WHICH YOU HAVE BEEN BILLED BY MILITARY AIR TRANSPORT SERVICE FOR YOUR TRAVEL FROM PORT LYAUTEY TO NORFOLK.

THEREFORE, AND SINCE THE MILITARY AIR TRANSPORT SERVICE HAS DETERMINED THAT THE SUM BILLED IS DUE FOR THE TRANSPORTATION FURNISHED, THE CONCLUSION IN GENERAL ACCOUNTING OFFICE LETTER OF MARCH 6, 1963, WITH RESPECT TO YOUR INDEBTEDNESS TO THE UNITED STATES, IS CORRECT AND UPON REVIEW, IT MUST BE, AND IS, SUSTAINED.

THE AMOUNT CLAIMED BY GENERAL ACCOUNTING OFFICE LETTER OF MARCH 6, 1963, SHOULD BE REMITTED IN ACCORDANCE WITH INSTRUCTIONS THEREIN.