B-153931, JUN. 23, 1964

B-153931: Jun 23, 1964

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BALDRY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 1. YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO DUTY AT HEADQUARTERS. YOU WERE AUTHORIZED 60 DAYS' DELAY EN ROUTE. WITH PERMISSION TO VISIT EUROPE WHILE ON LEAVE AND WERE TO REPORT AT LEHAVRE. THE ITINERARY SHOWS FURTHER THAT YOU WERE IN WASHINGTON. STATES THAT YOU AND YOUR WIFE WERE AUTHORIZED TO TRAVEL FROM ATHENS. THAT TRANSPORTATION REQUESTS FOR SUCH TRAVEL WERE NOT ISSUED BECAUSE THEY WERE NOT ACCEPTABLE IN PAYMENT OF PASSAGE. THE FILE ALSO CONTAINS AN ADMINISTRATIVE REPORT THAT GOVERNMENT SURFACE TRANSPORTATION WAS AVAILABLE FROM PIRAEUS. WAS DISALLOWED FOR THE REASONS STATED THEREIN. WHICH STATES THAT YOU WERE AUTHORIZED TO TRAVEL FROM ATHENS.

B-153931, JUN. 23, 1964

TO COLONEL GEORGE A. BALDRY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 1, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED FEBRUARY 25, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAVEL PERFORMED BY YOU AND YOUR WIFE BY VESSEL FROM ATHENS, GREECE, TO VENICE, ITALY, UNDER ORDERS DATED MARCH 26, 1963.

BY SPECIAL ORDERS NO. 8, OFFICE OF THE U.S. ARMY ATTACHE, EXECUTIVE AGENCY, AMERICAN EMBASSY, ATHENS, GREECE, DATED MARCH 26, 1963, YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO DUTY AT HEADQUARTERS, X U.S. ARMY CORPS, FORT LAWTON, WASHINGTON, WITH 4 DAYS' TEMPORARY DUTY EN ROUTE AT WASHINGTON, D.C. YOU WERE AUTHORIZED 60 DAYS' DELAY EN ROUTE, CHARGEABLE AS LEAVE, WITH PERMISSION TO VISIT EUROPE WHILE ON LEAVE AND WERE TO REPORT AT LEHAVRE, FRANCE, AS DIRECTED IN THE PORT CALL FOR AUTHORIZED SURFACE TRANSPORTATION TO THE UNITED STATES ON A VESSEL TO DEPART MAY 8, 1963.

YOUR ITINERARY SHOWS THAT YOU AND YOUR WIFE DEPARTED ATHENS, GREECE, BY FOREIGN FLAG VESSEL APRIL 21, 1963, AND ARRIVED AT VENICE, ITALY, APRIL 23. YOU DEPARTED VENICE THE NEXT DAY AND ARRIVED AT LEHAVRE, FRANCE, ON MAY 8, AT WHICH TIME YOU AND YOUR WIFE BOARDED THE U.S.S. AMERICA, ARRIVING AT NEW YORK ON MAY 16, 1963. THE ITINERARY SHOWS FURTHER THAT YOU WERE IN WASHINGTON, D.C., FROM MAY 16 TO 22, 1963, THEN ARRIVING JUNE 27, 1963. A CERTIFICATE DATED JULY 23, 1963, FROM THE OFFICE OF THE U.S. ARMY ATTACHE, AMERICAN EMBASSY, ATHENS, GREECE, STATES THAT YOU AND YOUR WIFE WERE AUTHORIZED TO TRAVEL FROM ATHENS, GREECE, TO VENICE, ITALY, ABOARD A FOREIGN FLAG VESSEL, AND THAT TRANSPORTATION REQUESTS FOR SUCH TRAVEL WERE NOT ISSUED BECAUSE THEY WERE NOT ACCEPTABLE IN PAYMENT OF PASSAGE. THE FILE ALSO CONTAINS AN ADMINISTRATIVE REPORT THAT GOVERNMENT SURFACE TRANSPORTATION WAS AVAILABLE FROM PIRAEUS, GREECE, TO NEW YORK DURING THE PERIOD UNDER CONSIDERATION.

COPIES OF VOUCHERS FORWARDED WITH YOUR CLAIM EVIDENCE PAYMENT TO YOU FOR THE TRANSPORTATION OF YOUR DEPENDENT FROM NEW YORK, NEW YORK, PORT OF DEBARKATION, TO SEATTLE, WASHINGTON, PLUS DISLOCATION ALLOWANCE AND MILEAGE FOR YOUR TRAVEL FROM VENICE, ITALY, TO LEHAVRE, FRANCE, AND FROM NEW YORK TO FORT LAWTON, WASHINGTON, VIA WASHINGTON, D.C., TOGETHER WITH PER DIEM FOR THE PERIOD OF TRAVEL BY COMMERCIAL VESSEL FROM LEHAVRE, FRANCE, TO NEW YORK, AND WHILE ON TEMPORARY DUTY AT WASHINGTON, D.C. YOUR CLAIM FOR REIMBURSEMENT FOR COST OF PASSAGE BY FOREIGN FLAG VESSEL FROM ATHENS, GREECE, TO VENICE, ITALY, WAS DISALLOWED FOR THE REASONS STATED THEREIN.

WITH YOUR LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM YOU FURNISHED ANOTHER CERTIFICATE FROM THE OFFICE OF THE U.S. ARMY ATTACHE, AMERICAN EMBASSY, ATHENS, GREECE, DATED MARCH 18, 1964, WHICH STATES THAT YOU WERE AUTHORIZED TO TRAVEL FROM ATHENS, GREECE, TO VENICE, ITALY, ON BOARD A FOREIGN FLAG VESSEL AND THAT UNITED STATES FLAG VESSELS OR AIRCRAFT WERE NOT AVAILABLE BETWEEN ATHENS, GREECE, AND VENICE, ITALY, THENCE TO LEHAVRE, FRANCE, SO THAT YOU COULD MEET THE PORT CALL FOR THE VESSEL THERE. YOU STATE THAT WHEN YOU RECEIVED YOUR ORDERS DIRECTING YOU TO REPORT TO LEHAVRE, FRANCE, FOR SURFACE TRANSPORTATION TO THE UNITED STATES THERE WAS NO SURFACE TRANSPORTATION VIA UNITED STATES VESSELS TO LEHAVRE AND IT WAS NOT POSSIBLE FOR YOU TO DRIVE YOUR PRIVATELY OWNED VEHICLE THROUGH SOME OF THE COUNTRIES IN EUROPE. THEREFORE YOU SAY THE DECISION TO USE A FOREIGN FLAG SHIP WAS CONSIDERED REASONABLE AND JUSTIFIED. YOU STATE FURTHER THAT SINCE THE PORT CALL DIRECTED YOU TO REPORT TO LEHAVRE, FRANCE, THE AVAILABILITY OF TRANSPORTATION VIA UNITED STATES VESSELS FROM PIRAEUS, GREECE, TO NEW YORK HAS NO BEARING IN THE CASE.

PARAGRAPH 3050-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS," AND THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION UPON PUBLIC BUSINESS PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 2150 OF THE REGULATIONS REQUIRES THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES FOR ALL TRAVEL AND TRANSPORTATION OUTSIDE THE CONTINENTAL UNITED STATES EXCEPT WHERE THE AUTHORITY ISSUING THE TRAVEL ORDERS DETERMINES THAT THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WOULD SERIOUSLY INTERFERE WITH OR PREVENT THE PERFORMANCE OF OFFICIAL BUSINESS, HE MAY AUTHORIZE THE USE OF VESSELS OR AIRCRAFT OF FOREIGN REGISTRY. STATEMENT OF THIS DETERMINATION MUST BE CONTAINED IN OR BE APPENDED TO THE TRAVEL OR TRANSPORTATION ORDERS. PARAGRAPH 2150-4 SPECIFICALLY PROVIDES THAT SUCH DETERMINATION MAY NOT BE BASED UPON MERE INCONVENIENCE IN SECURING TRANSPORTATION IN VESSELS OR AIRCRAFT OF UNITED STATES REGISTRY, SHORT DELAYS IN AWAITING SUCH TRANSPORTATION, THE DESIRE TO ARRANGE CIRCUITOUS ROUTES FOR THE CONVENIENCE OF THE TRAVELER, OR ANY SIMILAR REASONS.

THE ORDERS OF MARCH 26, 1963, DIRECTED YOUR REASSIGNMENT TO DUTY FROM ATHENS, GREECE, TO FORT LAWTON, WASHINGTON, WITH TEMPORARY DUTY EN ROUTE IN WASHINGTON, D.C. NO TEMPORARY DUTY WAS REQUIRED BY THE ORDERS TO BE PERFORMED OUTSIDE THE CONTINENTAL UNITED STATES, AND THE ONLY TRAVEL NECESSARY FOR THE PERFORMANCE OF OFFICIAL BUSINESS UNDER THESE ORDERS WAS TO THE NEAREST PORT OF EMBARKATION FOR SURFACE VESSEL EN ROUTE TO THE UNITED STATES. THIS WAS REPORTED TO BE AT PIRAEUS, GREECE, AT WHICH PORT GOVERNMENT TRANSPORTATION WAS AVAILABLE TO NEW YORK DURING THE PERIOD OF YOUR REQUIRED TRAVEL. WHILE THE ORDERS PROVIDED FOR YOU TO REPORT TO LEHAVRE, FRANCE, FOR TRANSPORTATION ABOARD THE U.S.S. AMERICA, IT SEEM EVIDENT THAT SUCH PROVISION WAS NOT BECAUSE OF THE NEEDS OF THE SERVICE BUT, RATHER, SUCH TRANSPORTATION WAS ARRANGED AS A RESULT OF YOUR REQUEST FOR PERMISSION TO VISIT EUROPE WHILE ON LEAVE, WHICH PERMISSION WAS GRANTED.

SINCE YOU WERE NOT REQUIRED TO PERFORM TEMPORARY DUTY OUTSIDE THE CONTINENTAL UNITED STATES AND SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM GREECE TO THE UNITED STATES, IT SEEMS CLEAR THAT THE VOYAGE YOU AND YOUR WIFE TOOK FROM ATHENS, GREECE, TO VENICE, ITALY, BY VESSEL UNDER A FOREIGN FLAG WAS NOT REQUIRED IN THE PERFORMANCE OF OFFICIAL BUSINESS WITHIN THE MEANING OF THE REGULATIONS. FURTHERMORE THE CERTIFICATES FROM THE OFFICE OF THE U.S. ARMY ATTACHE, AMERICAN EMBASSY IN ATHENS, GREECE, DATED JULY 23, 1963, AND MARCH 18, 1964, DO NOT INDICATE THAT OFFICIAL NECESSITY OF YOUR MISSION REQUIRED THE USE OF A SHIP UNDER A FOREIGN FLAG OR THAT GOVERNMENT SURFACE VESSELS OR VESSELS REGISTERED UNDER THE LAWS OF THE UNITED STATES WERE NOT AVAILABLE FROM GREECE FOR TRANSPORTATION TO THE UNITED STATES, OR THAT THE USE OF SUCH VESSELS WOULD HAVE INTERFERED WITH OR PREVENTED THE PERFORMANCE OF OFFICIAL BUSINESS WITHIN THE MEANING OF PARAGRAPH 2150 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF THE COST OF SUCH TRAVEL, AND THE SETTLEMENT OF FEBRUARY 25, 1964, IS SUSTAINED.