B-157661, OCT. 22, 1965

B-157661, OCT. 22, 1965

TO MR. FREDERICK W. TINGLEY:

YOUR LETTER OF AUGUST 27, 1965, REQUESTS REVIEW OF SETTLEMENT DATED AUGUST 24, 1965, WHICH DISALLOWED YOUR CLAIM FOR $273 REPRESENTING ADDITIONAL TRANSPORTATION AND RELATED EXPENSES INCIDENT TO TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM OPORTO, PORTUGAL, TO WASHINGTON, D.C., DURING THE PERIOD DECEMBER 18, 1964, TO FEBRUARY 21, 1965, AS AN EMPLOYEE OF THE DEPARTMENT OF STATE.

BY ORDER OF NOVEMBER 12, 1964 (SUBSEQUENTLY AMENDED TO INCLUDE YOUR WIFE) YOU WERE AUTHORIZED TO TRAVEL FROM OPORTO, PORTUGAL, TO WASHINGTON, D.C., WITH LEAVE AT MILLINOCKET, MAINE.

YOUR ORIGINAL VOUCHER SHOWS THAT YOU DEPARTED OPORTO AT 8 P.M. VIA AIR ON DECEMBER 18, 1964, AND ARRIVED AT LISBON AT 10 P.M. THE SAME DAY. YOU DEPARTED LISBON VIA AIR AT 8 A.M. DECEMBER 19 FOR LONDON. THE TIME OF YOUR ARRIVAL THERE IS NOT SHOWN, THE ENTRY MERELY RECITING "ARRIVED LONDON --- STARTED ANNUAL LEAVE.' YOU REMAINED IN AN ANNUAL LEAVE STATUS UNTIL JANUARY 6, 1965, ON WHICH DATE YOU DEPARTED SOUTHAMPTON AT 12 NOON VIA SURFACE VESSEL, ARRIVING IN NEW YORK AT 11 P.M. ON JANUARY 11. YOU LEFT NEW YORK AT 12 NOON ON JANUARY 12 BY PRIVATELY-OWNED AUTOMOBILE REACHING MILLINOCKET, MAINE AT 8 P.M. THE FOLLOWING DAY. YOU REMAINED ON LEAVE UNTIL 12 NOON FEBRUARY 20 WHEN YOU DEPARTED FOR WASHINGTON AND AFTER STOPPING OVERNIGHT EN ROUTE YOU ENTERED ON DUTY (TIME NOT SHOWN) ON FEBRUARY 21.

AS STATED HEREIN THE ABOVE ITINERARY WAS TAKEN FROM YOUR ORIGINAL TRAVEL VOUCHER ON WHICH YOU CLAIMED PER DIEM IN THE AMOUNT OF $149 AND ADDITIONAL TRAVEL (MILEAGE) IN THE AMOUNT OF $138.08, OR A TOTAL OF $287.08 (REDUCED ON RECLAIM TO $273). THE GOVERNMENT PAID $919.65 REPRESENTING THE VALUE OF TRANSPORTATION REQUESTS. THUS ON THE BASIS OF YOUR PRESENT CLAIM THE TOTAL COST TO THE GOVERNMENT OF YOUR TRAVEL AND RELATED EXPENSES WOULD BE $1,192.65.

WHEN PROCESSING YOUR VOUCHER THE AGENCY ALLOWED YOU AIR FARE FROM OPORTO TO LISBON $22.29, AIR FARE FROM LISBON TO BOSTON $420, MILEAGE FROM BOSTON TO MILLINOCKET AND MILLINOCKET TO WASHINGTON IN THE AMOUNT OF $112.44. PER DIEM BASED UPON SCHEDULES COVERING SUCH TRAVEL IN THE AMOUNT OF $80 ALSO WAS ALLOWED, MAKING A TOTAL ALLOWANCE OF $634.73 FOR TRAVEL PER DIEM.

AS AUTHORITY FOR ITS ACTION THE AGENCY CITED 6 FAM 121.4-1C, WHICH PROVIDES THAT WHEN, AS HERE, INDIRECT TRAVEL IS PERFORMED PARTLY BY AIR AND PARTLY BY SURFACE REIMBURSEMENT WILL BE LIMITED TO THE COST OF DIRECT TRAVEL BY LESS THAN FIRST-CLASS AIR ACCOMMODATIONS. THE CITED SECTION FURTHER PROVIDES THAT WHEN THE AIR PORTIONS ARE ENTIRELY WITHIN THE COUNTRY OF AUTHORIZED ORIGIN OR DESTINATION, REIMBURSEMENT MAY BE MADE FOR THE SURFACE TRAVEL ACTUALLY PERFORMED ON THE BASIS OF THE SURFACE TRAVEL. YOU SAY THAT THE TRAVEL FROM LISBON TO LONDON WAS AT YOUR OWN EXPENSE, HENCE, YOUR TRAVEL BY AIR AT GOVERNMENT EXPENSE WAS PERFORMED ENTIRELY WITHIN THE COUNTRY OF ORIGIN AND YOU ARE ENTITLED TO THE ADDITIONAL AMOUNT CLAIMED.

FROM THE INFORMATION FURNISHED BY YOU AND BY THE AGENCY IT APPEARS YOU OBTAINED GOVERNMENT TRANSPORTATION REQUESTS TO COVER (1) AIR PASSAGE FROM OPORTO TO LISBON, (2) RAIL PASSAGE FROM LISBON VIA MADRID TO ALGECIRAS AND (3) OCEAN PASSAGE FROM ALGECIRAS TO NEW YORK. BY USE OF SUCH REQUESTS YOU PURCHASED FROM A TRAVEL AGENCY AIR PASSAGE FROM OPORTO TO LONDON VIA LISBON AND OCEAN PASSAGE FROM SOUTHHAMPTON TO NEW YORK, SUBSEQUENTLY PAYING THE TRAVEL AGENCY $297.10 REPRESENTING THE DIFFERENCE BETWEEN THE VALUE OF THE TRANSPORTATION REQUESTS COMPLETED ($919.65 PAID BY THE GOVERNMENT) AND THE COST OF THE TRANSPORTATION ACTUALLY PURCHASED AND USED.

YOUR TRAVEL BY AIR WAS NOT CONFINED TO THE COUNTRY OF ORIGIN AND REIMBURSEMENT WAS LIMITED BY THE AGENCY TO THE COST OF DIRECT AIR TRAVEL AS PROVIDED IN THE CITED PORTION OF THE FOREIGN AFFAIRS MANUAL. YOUR RECLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION AS PREVIOUSLY STATED HEREIN.

THE REGULATION IN QUESTION BY ITS TERMS APPLIES ONLY WHEN INDIRECT OR PERSONAL CONVENIENCE TRAVEL IS INVOLVED. IF AIR TRAVEL IS PERFORMED BOTH WITHIN AND OUTSIDE THE COUNTRY OF AUTHORIZED ORIGIN, THE LIMITATION OF REIMBURSEMENT FOR DIRECT TRAVEL TO COST OF DIRECT TRAVEL BY LESS THAN FIRST-CLASS AIR ACCOMMODATIONS APPLIES. ALLOCATION OF AIR TRAVEL COSTS, AS PERSONAL OR OFFICIAL AND TO PARTICULAR SEGMENTS OF THE TRIP, CANNOT SERVE AS A BASIS TO MODIFY THAT REQUIREMENT. THEREFORE, THE SETTLEMENT OF AUGUST 24, 1965, IS SUSTAINED.

AS TO YOUR REQUEST CONCERNING APPEAL PROCEDURES YOU MAY BE ADVISED THAT OUR DECISIONS ARE BINDING UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT BUT NOT UPON THE COURTS. SEE 28 U.S.C. 1491 (AS AMENDED BY PUB.L. 88-519, APPROVED AUGUST 30, 1964), AND 28 U.S.C. 1346.