B-151657, JUL. 12, 1963

B-151657, JUL. 12, 1963

TO MR. RUFUS H. CARTER, JR.:

WE REFER TO THE LETTERS OF MR. JAMES E. WOMACK OF APRIL 24 AND MAY 15, 1963, REQUESTING, AS YOUR ATTORNEY, REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 15, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF EXPENSES INCURRED BY YOU IN CONNECTION WITH THE TRAVEL OF YOURSELF AND YOUR WIFE FROM TEHRAN, IRAN TO ALBUQUERQUE, NEW MEXICO, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS BETWEEN OCTOBER 22, 1961 AND JANUARY 1, 1962.

YOU WERE AUTHORIZED TO TRAVEL FROM TEHRAN TO ALBUQUERQUE BY TRAVEL ORDER PCS-87-62, OF THE U.S. ARMY ENGINEER DISTRICT, GULF FOR PERMANENT CHANGE OF STATION. AT THE TIME OF YOUR TRAVEL THERE WERE OPTIONAL DIRECT ROUTES TO YOUR NEW STATION IN THE UNITED STATES, VIZ., TEHRAN TO ROME BY AIR AND FROM NEARBY MEDITERRANEAN PORTS TO THE EAST COAST OF THE UNITED STATES BY SURFACE TRANSPORTATION OR, TEHRAN TO THE EAST COAST OF THE UNITED STAES VIA FRANKFURT, GERMANY BY AIR. IN PERFORMING THE TRAVEL YOU USED A CIRCUITOUS ROUTE FOR PERSONAL REASONS TRAVELING FROM TEHRAN TO BERUIT, LEBANON; AMMAN AND JERUSALEM, JORDAN; CAIRO, EGYPT; ATHENS, GREECE AND ROME, ITALY BY AIR, AND FROM ROME TO LIVORNO AND VENICE, ITALY; PARIS, FRANCE; LONDON AND HULL, ENGLAND BY TRAIN. YOU TRAVELED BY SEA IN A SHIP OF FOREIGN REGISTRY FROM HULL VIA THE PANAMA CANAL TO LONG BEACH, CALIFORNIA AND FROM LONG BEACH (LOS ANGELES) TO ALBUQUERQUE BY AIR.

THE DEPARTMENT OF THE ARMY COMPUTED THE REIMBURSEMENT DUE YOU FOR EXPENSES ON THE BASIS OF THE COST OF AIR TRAVEL FROM TEHRAN TO FRANKFURT, GERMANY, MILITARY AIR TRANSPORT SERVICE AIR TRAVEL TO MCGUIRE AIR FORCE BASE, NEW JERSEY AND COMMERCIAL AIR TRAVEL FROM THERE TO ALBUQUERQUE WITHOUT REGARD TO YOUR ACTUAL EXPENSES. IN VIEW OF THE FACT THAT YOU USED A FOREIGN SHIP YOU WERE NOT REIMBURSED THE COST OF MATS TRAVEL FROM FRANKFURT TO MCGUIRE. THE CONSTRUCTIVE COST OF TRAVEL BY DIRECT ROUTE IS NOT A MEASURE OF REIMBURSEMENT; RATHER IT IS A LIMITATION BEYOND WHICH OTHERWISE ALLOWABLE ACTUAL TRAVEL EXPENSES MAY NOT BE REIMBURSED. THERE IS NO AUTHORITY FOR THE PAYMENT OF THE CONSTRUCTIVE COST OF TRAVEL TO A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY WITHOUT REGARD TO THE ACTUAL EXPENDITURES OF SUCH EMPLOYEE. CONSEQUENTLY, WE MUST RECOMPUTE THE AMOUNT DUE YOU AS REIMBURSEMENT FOR ALLOWABLE ACTUAL EXPENSES BY THE ROUTE USED ON THE BASIS OF INFORMATION AVAILABLE.

REGARDING YOUR TRAVEL BY THE FOREIGN SHIP IT LONG HAS BEEN THE POSITION OF OUR OFFICE THAT SECTION 901 OF THE MERCHANT MARINE ACT, 1936, APPROVED JUNE 29, 1936, CH. 858, 49 STAT. 2015, AS AMENDED, 46 U.S.C. 1241, PROHIBITS ALLOWANCE OF THE COST OF TRAVEL BY FOREIGN SHIPS IN ANY CASE WHEN A SHIP OF AMERICAN REGISTRY IS AVAILABLE FOR TRAVEL OVER A DIRECT USUALLY TRAVELED ROUTE. ALTHOUGH NO AMERICAN VESSEL MAY HAVE BEEN AVAILABLE FOR TRAVEL FROM EUROPE VIA THE PANAMA CANAL TO THE WEST COAST OF THE UNITED STATES AT THE TIME OF YOUR TRAVEL, YOU HAVE NOT SHOWN THAT A SHIP OF AMERICAN REGISTRY WAS NOT AVAILABLE FOR TRAVEL BY A DIRECT ROUTE DURING THE PERIOD IN QUESTION. REGARDING THE QUESTION RAISED BY YOUR ATTORNEY CONCERNING THE NON AVAILABILITY OF AMERICAN FLAG SHIPS BY INDIRECT ROUTES, SECTION 901 OF THE MERCHANT MARINE ACT IS IN THE NATURE OF A SUBSIDY AND IT MAY NOT BE EVADED DELIBERATELY OR OTHERWISE BY THE SELECTION OF AN INDIRECT ROUTE OVER WHICH PASSAGE UPON AN AMERICAN VESSEL MAY NOT BE AVAILABLE. THEREFORE, THE ESTABLISHED RULE OF REIMBURSEMENT IS THAT WHEN AN AMERICAN SHIP IS AVAILABLE OVER A DIRECT ROUTE REIMBURSEMENT OR CREDIT FOR TRAVEL OVER AN INDIRECT ROUTE INVOLVING THE USE OF FOREIGN SHIPS IS LIMITED TO TRAVEL EXPENSES INCURRED FOR THE LAND AND AIR TRAVEL AND FOR TRAVEL BY AMERICAN SHIPS, NOT TO EXCEED THE COST OF TRAVEL BY A DIRECT ROUTE. 39 COMP. GEN. 642. PER DIEM IS CONSIDERED ONE OF THE TRAVEL EXPENSES INCURRED IN TRAVEL BY A FOREIGN SHIPAND IS THEREFORE NOT PAYABLE WHILE YOU WERE TRAVELING ON SUCH A SHIP. 13 COMP. GEN. 319.

YOUR ENTITLEMENT TO REIMBURSEMENT FOR THE EXPENSES YOU INCURRED, ON THE BASIS OF AVAILABLE INFORMATION MUST BE COMPUTED AS FOLLOWS:

TABLE

TRAVEL COSTS INCURRED (MR. AND MRS. CARTER)

TEHRAN TO ROME BY AIR

(TOTAL PAID BY GOVERNMENT ON TRANSPORTATION

REQUESTS LESS REFUND FOR UNUSED PORTION)$561.42

ROME TO LONDON VIA VENICE, PARIS AND CALAIS

(RAIL FARE 1ST CLASS INCLUDING SLEEPER)227.40

LONDON TO HULL (FIRST CLASS) 20.84

HULL TO LONG BEACH (TRAVEL BY FOREIGN SHIP

COST NOT ALLOWED)

LONG BEACH TO ALBUQUERQUE VIA LOS ANGELES

(LIMOUSINE AND JET TOURIST) 91.70

$901.36

ALLOWABLE

PER DIEM BY ROUTE USED FOR UNINTERRUPTED TRAVEL

TEHRAN TO HULL 3 DAYS AT $6 $18.00

LONG BEACH TO ALBUQUERQUE 1 DAY AT $16 16.00

$34.00

TOTAL ALLOWABLE $935.36

AMOUNT PAID

TRANSPORTATION REQUESTS FOR AIR TRAVEL

TEHRAN TO ROME $561.42

DEPARTMENT OF THE ARMY SETTLEMENT

APRIL 3, 1962 416.43

$977.85

SINCE THE CONSTRUCTIVE COST OF DIRECT TRAVEL BY AUTHORIZED MEANS AS COMPUTED BY THE DEPARTMENT OF THE ARMY WAS $1,173.65, YOUR OTHERWISE ALLOWABLE EXPENSES ARE WITHIN THE LIMIT PAYABLE BY THE GOVERNMENT.

ACCORDING TO THE INFORMATION AVAILABLE TO US YOU HAVE BEEN PAID $42.49 IN EXCESS OF THE ALLOWABLE EXPENSES YOU INCURRED. HOWEVER, UNDOUBTEDLY YOU INCURRED OTHER EXPENSES WHICH ARE REIMBURSABLE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SUCH AS TAXI FARES, EXCESS BAGGAGE CHARGES, ETC., IN CONNECTION WITH THE PARTS OF YOUR TRAVEL WHICH WERE PERFORMED BY TRAIN AND AIR, WHICH WOULD EQUAL THAT AMOUNT.

IF YOU PRESENT SUITABLE EVIDENCE OF EXPENSES IN EXCESS OF $42.49 WHICH ARE REIMBURSABLE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WE WILL CONSIDER YOUR CLAIM FURTHER, HOWEVER, ON THE BASIS OF THE EVIDENCE BEFORE US YOU ARE NOT ENTITLED TO ADDITIONAL PAYMENTS.

REGARDING THE ANNUAL LEAVE CHARGED YOU DURING THE PERFORMANCE OF THE TRAVEL INVOLVED THE CHARGING OF LEAVE IS GENERALLY A MATTER WITHIN THE JURISDICTION OF THE AGENCY CONCERNED. WE DIRECT YOUR ATTENTION, HOWEVER, TO OUR DECISION 39 COMP. GEN. 250.