B-152387, OCT. 2, 1963

B-152387, OCT. 2, 1963

TO MR. MAX E. HODGE, COMMERCIAL OFFICER, AMERICAN EMBASSY, BONN, GERMANY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED JUNE 3, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR TRAVEL EXPENSES INCIDENT TO YOUR TRANSFER FROM DACCA, PAKISTAN, TO WASHINGTON, D.C., UNDER TRAVEL AUTHORIZATION NO. 0-05549, DATED JANUARY 22, 1960, AS AMENDED.

YOUR LETTER SPECIFICALLY REQUESTS REVIEW OF THOSE PORTIONS OF OUR SETTLEMENT RELATING TO (1) THE AMOUNT APPROVED FOR TRAVEL OF YOU AND YOUR FAMILY BY SHIP FROM PIRAEUS TO NEW YORK, AND (2) THE AMOUNT APPROVED FOR TRAVEL OF DEPENDENTS FROM NEW YORK TO MONROE, WISCONSIN, AND THEN TO WASHINGTON, D.C.

IN RELATION TO (1) ABOVE, THE RECORD DISCLOSES THAT THE AMOUNT ACTUALLY EXPENDED FOR TRAVEL OF YOU AND YOUR DEPENDENTS FROM PIRAEUS TO NEW YORK WAS $1,948.50. YOU CONTEND THAT SINCE YOUR TICKETS WERE PURCHASED BY THE GOVERNMENT ON THE BASIS OF MINIMUM FIRST-CLASS ACCOMMODATIONS AVAILABLE, AND WERE ON THE FIRST SHIP AVAILABLE VIA A ROUTE AUTHORIZED BY THE DEPARTMENT OF STATE, THERE SHOULD BE NO DISCREPANCY BETWEEN THE AMOUNT ACTUALLY EXPENDED ($1,948.50), AND THE AMOUNT APPROVED BY OUR SETTLEMENT ($1,860).

THE AMOUNT ACTUALLY EXPENDED BY THE DEPARTMENT OF STATE FOR MINIMUM FIRST -CLASS ACCOMMODATIONS IS NOT THE CONTROLLING FACTOR IN THIS MATTER. BASED ON THE TARIFFS IN EFFECT AT THE TIME YOUR TRAVEL WAS PERFORMED, OUR OFFICE HAS DETERMINED THAT THE PROPER MINIMUM FIRST CLASS FARE FOR THREE PERSONS IN A ROOM ON THE S.S. EXCALIBUR WHICH SAILED FROM PIRAEUS ON MAY 10, 1960, WAS $465 PER FULL FARE, OR A TOTAL OF $1,860 (2 FULL FARES AND 4 HALF FARES) FOR YOU AND YOUR DEPENDENTS. IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, WE MUST ASSUME THAT THE LOWEST FIRST-CLASS ACCOMMODATIONS WERE AVAILABLE AT THE TIME YOUR RESERVATIONS WERE MADE. IF SUCH ACCOMMODATIONS WERE NOT AVAILABLE, EVIDENCE OF THAT FACT MUST BE SUBMITTED TO THIS OFFICE. FURTHERMORE, IF THE DEPARTMENT ACTUALLY EXPENDED MORE THAN $465 PER FULL FARE FOR THE LOWEST FIRST-CLASS ACCOMMODATIONS (THREE IN A ROOM) ON THE S.S. EXCALIBUR, SUCH EXCESS MAY BE RECOVERABLE FROM THE CARRIER BY THE GOVERNMENT.

CONCERNING THE AMOUNT APPROVED BY THIS OFFICE FOR THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK TO MONROE, WISCONSIN, AND THEN TO WASHINGTON, D.C., YOU CONTEND THAT SINCE YOUR HOME LEAVE WAS DEFERRED FOR 6 MONTHS UPON REQUEST OF THE STATE DEPARTMENT, YOUR FAMILY WAS ENTITLED TO TRAVEL WITH YOU FROM NEW YORK TO WASHINGTON, D.C., AND THEN TO WISCONSIN IN NOVEMBER 1960 WHEN YOU FINALLY DID TAKE HOME LEAVE.

WE DO NOT QUESTION YOUR STATEMENTS THAT HOME LEAVE WAS DEFERRED FOR 6 MONTHS UPON REQUEST OF THE STATE DEPARTMENT. WE HAVE RECEIVED A COPY OF YOUR LEAVE RECORD FOR 1960 AND ALSO A DOCUMENT DATED JULY 12, 1960, WHICH APPROVES THE DEFERRAL OF YOUR HOME LEAVE. HOWEVER, IT APPEARS FROM THE RECORD THAT AT THE TIME OF YOUR ARRIVAL IN NEW YORK (MAY 30, 1960), YOU WERE UNAWARE OF THE DEPARTMENT'S INTENT TO POSTPONE YOUR HOME LEAVE. THAT TIME YOU WERE AUTHORIZED TO TRAVEL TO WASHINGTON, D.C., FOR A PERIOD OF CONSULTATION BEFORE PROCEEDING TO WISCONSIN, BUT YOUR DEPENDENTS WERE ENTITLED ONLY TO TRAVEL DIRECTLY FROM YOUR OLD POST (DACCA) TO YOUR DESIGNATED PLACE OF RESIDENCE (MONROE, WISCONSIN), IN ACCORDANCE WITH 1 FSM III, 180 FSTR 3.1D, WHICH READS IN PART AS FOLLOWS:

"HOME LEAVE

"WHEN ORDERED FOR HOME LEAVE, TRAVEL AND PER DIEM FOR EMPLOYEE AND FAMILY FROM HIS POST, OR ANY PLACE WHERE PRESENCE IS DUE TO OFFICIAL TRAVEL OR DUTY, TO DESIGNATED PLACE OF RESIDENCE AND THENCE TO HIS POST OF ASSIGNMENT. THE TRAVEL AUTHORIZATION AUTOMATICALLY AUTHORIZES TRAVEL AND PER DIEM FOR THE EMPLOYEE'S FAMILY FROM HIS POST TO DESIGNATED PLACE OF RESIDENCE AND THENCE TO HIS POST OF ASSIGNMENT. * * *" THE SUBSEQUENT DEFERRAL OF YOUR HOME LEAVE UPON YOUR ARRIVAL IN WASHINGTON COULD NOT HAVE HAD AN EFFECT UPON THE TRAVEL OF YOUR DEPENDENTS HAD THEY ORIGINALLY PERFORMED THEIR TRAVEL IN ACCORDANCE WITH THE TRAVEL REGULATIONS.

ON THE BASIS OF THE EVIDENCE PRESENTLY OF RECORD, OUR SETTLEMENT OF JUNE 3, 1963, IS SUSTAINED.