B-157797, NOV. 22, 1965

B-157797: Nov 22, 1965

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THE TRAVEL WAS PERFORMED BY PRIVATELY-OWNED VEHICLE FROM MUNICH TO BREMERHAVEN. SETTLEMENT OF YOUR ORIGINAL VOUCHER WAS ERRONEOUSLY MADE BY THE AGENCY ON THE BASIS OF TRAVEL TO NEW YORK. IN THAT SETTLEMENT YOU WERE ALLOWED PER DIEM IN THE AMOUNT OF $22.50 AND MILEAGE IN THE AMOUNT OF (510 BY 12) $61.20 OR A TOTAL OF $83.70. YOU FILED CLAIM HERE AND WERE ALLOWED $48.50 AS ADDITIONAL PER DIEM AND $25.68 AS ADDITIONAL MILEAGE. DTD 25 JUN 64 (INCLOSURE NO. 2) SHOWS THAT MY ACCOMPANIED BAGGAGE WAS TO BE SHIPPED PER USNS DARBY ON 22 JUL 64. I WAS REQUESTED BY AN EMPLOYEE. AFTER THE BAGGAGE COULD NOT BE FOUND THE SECOND TIME THE BILL OF LADING WAS CHECKED. IT TURNED OUT THAT MY BAGGAGED HAD NOT COME WITH THE SHIP I CAME ON.A DD FORM 1299 WAS MADE OUT BY MRS.

B-157797, NOV. 22, 1965

TO MR. HENRY C. JANSSEN:

ON SEPTEMBER 22, 1965, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL AND RELATED EXPENSES FOR YOURSELF AND FAMILY DURING JULY AND AUGUST 1964 INCIDENT TO YOUR TRANSFER FROM MUNICH, GERMANY, TO CHAMBERSBURG, PENNSYLVANIA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE TRAVEL WAS PERFORMED BY PRIVATELY-OWNED VEHICLE FROM MUNICH TO BREMERHAVEN, GOVERNMENT-OWNED VESSEL (MSTS) BREMERHAVEN TO NEW YORK, AND PRIVATELY-OWNED VEHICLE FROM NEW YORK TO CHAMBERSBURG, AS AUTHORIZED BY YOUR TRAVEL ORDER.

SETTLEMENT OF YOUR ORIGINAL VOUCHER WAS ERRONEOUSLY MADE BY THE AGENCY ON THE BASIS OF TRAVEL TO NEW YORK, YOUR HOME OF RECORD, RATHER THAN TO CHAMBERSBURG, YOUR NEW DUTY STATION. IN THAT SETTLEMENT YOU WERE ALLOWED PER DIEM IN THE AMOUNT OF $22.50 AND MILEAGE IN THE AMOUNT OF (510 BY 12) $61.20 OR A TOTAL OF $83.70. THEREAFTER, YOU FILED CLAIM HERE AND WERE ALLOWED $48.50 AS ADDITIONAL PER DIEM AND $25.68 AS ADDITIONAL MILEAGE. IN YOUR PRESENT LETTER YOU REQUEST FURTHER CONSIDERATION OF CERTAIN OF THE ITEMS NOT ALLOWED IN OUR SETTLEMENT.

CONCERNING PER DIEM FOR JULY 31 TO AUGUST 2, YOU SAY:

"ATTACHED DD FORM 1299, DTD 25 JUN 64 (INCLOSURE NO. 2) SHOWS THAT MY ACCOMPANIED BAGGAGE WAS TO BE SHIPPED PER USNS DARBY ON 22 JUL 64. UPON MY ARRIVAL IN BROOKLYN ON 31 JUL 64, THIS BAGGAGE COULD NOT BE LOCATED AT THE BROOKLYN ARMY TERMINAL. I WAS REQUESTED BY AN EMPLOYEE, MRS. ROSENBLUM, TO RETURN TO THE TERMINAL ON MONDAY, 3 AUG 64. AFTER THE BAGGAGE COULD NOT BE FOUND THE SECOND TIME THE BILL OF LADING WAS CHECKED. IT TURNED OUT THAT MY BAGGAGED HAD NOT COME WITH THE SHIP I CAME ON.A DD FORM 1299 WAS MADE OUT BY MRS. ROSENBLUM. THIS IS DOCUMENTED IN THE ATTACHED TWX FROM THE CHAMBERSBURG TRANSPORTATION OFFICER TO THE BROOKLYN ARMY TERMINAL (INCLOSURE NO. 3). THUS MY STAY IN NEW YORK WAS DUE TO CIRCUMSTANCES BEYOND MY CONTROL AND AT THE ADVICE OF WHAT I HAD TO CONSIDER COMPETENT AUTHORITY. PER DIEM FOR 3 ADDITIONAL DAYS (7/31/64 - 8/2/64) APPEARS DUE.'

THE FILE CONTAINS A LETTER FROM THE ASSISTANT CHIEF, PASSENGER OPERATIONS DIVISION, BROOKLYN ARMY TERMINAL, FROM WHICH IT APPEARS THAT PRIOR TO DEBARKING ALL CABIN CLASS PASSENGERS ARE GIVEN BRIEFING IN WHICH THEY ARE ADVISED THAT HOLD BAGGAGE NORMALLY IS AVAILABLE BY 2 P.M. ON THE DATE OF DEBARKING BUT IF FOR SOME REASON THERE IS A DELAY THEY COULD EXECUTE A FORM DD 1299 AND SUCH BAGGAGE WOULD BE SHIPPED TO THEM. IN VIEW THEREOF WE DO NOT SEE WHY IT WAS NECESSARY FOR YOU TO SPEND THREE DAYS IN NEW YORK PENDING ARRIVAL OF YOUR BAGGAGE UNLESS FOR PERSONAL REASONS YOU WISHED TO ACCEPT DELIVERY OF ALL OR A PART THEREOF AT THAT POINT. THEREFORE, NO FURTHER PER DIEM IS ALLOWABLE.

CONCERNING MILEAGE, THE AGENCY MADE SETTLEMENT ON THE BASIS OF TRAVEL PERFORMED BY PRIVATELY-OWNED AUTOMOBILE FROM MUNICH TO BREMERHAVEN AND FROM PORT OF DEBRAKATION TO STATEN ISLAND, YOUR HOME OF RECORD. YOU WERE ALLOWED 510 MILES AT 12 CENTS PER MILE. THE SETTLEMENT BY OUR CLAIMS DIVISION WAS BASED ON 491 MILES FROM MUNICH TO BREMERHAVEN AND 233 MILES FROM NEW YORK TO CHAMBERSBURG OR A TOTAL OF 724 MILES. THEREFORE, YOU WERE ALLOWED AN ADDITIONAL 214 MILES WHICH APPEARS TO BE CORRECT. THE MILEAGE IN GERMANY IS THAT ESTABLISHED BY THE DEPARTMENT OF THE ARMY AS THE OFFICIAL DISTANCE FOR TRAVEL BY HIGHWAY BETWEEN THE STATED POINTS. THE MILEAGE FROM NEW YORK TO CHAMBERSBURG IS THAT SHOWN IN THE RAND- MCNALLY STANDARD HIGHWAY MILEAGE GUIDE. FURTHER, SINCE THERE DOES NOT APPEAR TO HAVE BEEN ANY OFFICIAL NECESSITY FOR YOU TO REMAIN IN NEW YORK THE TRAVEL FROM THE BROOKLYN ARMY TERMINAL TO MANHATTAN ON JULY 31 AND RETURN THERETO ON AUGUST 3 MUST BE CONSIDERED AS HAVING BEEN MADE FOR PERSONAL REASONS AND THE ADDITIONAL MILEAGE CLAIMED THEREFOR MAY NOT BE ALLOWED.

AS TO THE TRAVEL EXPENSES OF YOUR DEPENDENTS IT APPEARS YOU TRAVELED BY AUTOMOBILE FROM MUNICH TO BREMERHAVEN VIA BAESWEILER, AN INDIRECT ROUTE. TWO OF YOUR CHILDREN WERE STAYING AT BAESWEILER AT THE TIME. AFTER A STOPOVER OF SEVERAL DAYS YOU SENT YOUR FIVE DEPENDENTS FROM AACHEN (NEAREST RAILROAD POINT TO BAESWEILER) TO BREMERHAVEN BY RAIL FOR WHICH YOUR CLAIM REIMBURSEMENT IN THE SUM OF $60. IN JUSTIFICATION THEREOF YOU SAY THAT IT WAS PHYSICALLY IMPOSSIBLE TO CARRY THEM IN YOUR CAR (RAMBLER AMERICAN) AND FURTHER, THE CAR WAS LOADED TO CAPACITY WITH "11 PIECES OF LUGGAGE PLUS SEVERAL HANDBAGS.' WITH RESPECT TO THE TRAVEL FROM NEW YORK TO CHAMBERSBURG YOU SAY YOUR FOUR CHILDREN REMAINED IN NEW YORK AT THE TIME BECAUSE OF LACK OF HOUSING IN CHAMBERSBURG AND ALSO THAT YOUR CAR AGAIN WAS LOADED WITH BAGGAGE. SOME TWO WEEKS LATER THEY TRAVELED BY PRIVATELY OWNED AUTOMOBILE TO CHAMBERSBURG.

WHILE YOU AND YOUR DEPENDENTS WERE AUTHORIZED TO PERFORM LAND TRAVEL ABROAD BY RAIL OR PRIVATELY-OWNED VEHICLE SUCH AUTHORIZATION DID NOT CONTEMPLATE, NOR DO WE KNOW OF ANY RULE WHICH PERMITS AN EMPLOYEE TO UTILIZE THE CAR FOR THE TRANSPORTATION OF BAGGAGE AND RECEIVE RAIL FARE FOR THE TRAVEL OF HIS ENTIRE FAMILY. HOWEVER, WE AGREE THAT IT WAS INFEASIBLE FOR SIX PERSONS WITH THEIR NECESSARY HAND BAGGAGE TO TRAVEL THE DISTANCE REQUIRED IN THE AVAILABLE AUTOMOBILE, THEREFORE, WE ARE ALLOWING YOU TWO ADULT TRAIN FARES FROM AACHEN TO BREMERHAVEN IN THE AMOUNT OF $32.70. FOR THE SAME REASON YOUR CLAIM FOR ADDITIONAL ONE-WAY MILEAGE (233 MILES) FROM NEW YORK TO CHAMBERSBURG ALSO WILL BE ALLOWED. ALSO, IN THE BASIS OF YOUR EXPLANATION, THE TOLLS IN THE SUM OF $1.65 WILL BE ALLOWED.

YOU ALSO CLAIMED $3 AS REIMBURSEMENT FOR TIPS FOR HANDLING YOUR DEPENDENTS' BAGGAGE AND $11 FOR TIPS ON SHIP WHICH SUM YOU "CONSIDERED APPROPRIATE FOR SERVICE RENDERED TO (YOUR) DEPENDENTS.' IN SUPPORT THEREOF YOU CITE CPR T3.7-7A (5). THAT SECTION PERTAINS ONLY TO REDCAP AND SKYCAP CHARGES FOR HANDLING PERSONAL BAGGAGE AND SO FAR AS PERTINENT HERE PROVIDES "* * * REDCAP SERVICE CHARGES MAY BE ALLOWED FOR THAT PORTION OF THE DEPENDENTS PERSONAL BAGGAGE WHICH CANNOT BE HANDLED BY THE SPONSOR.' THUS, THE REGULATION PERMITS BUT DOES NOT REQUIRE REIMBURSEMENT FOR TIPS INCIDENT TO THE HANDLING OF BAGGAGE. THE AGENCY DISALLOWED YOUR CLAIM FOR THIS ITEM AND IN ITS REPORT ON YOUR RECLAIM EXPRESSED DISAPPROVAL THEREOF. WE DO NOT BELIEVE THE REASONS FOR SUCH ACTION ARE UNREASONABLE AND, THEREFORE, MUST SUSTAIN THE ACTION HERETOFORE TAKEN. KNOW OF NO AUTHORITY FOR REIMBURSEMENT FOR THE GRATUITIES GIVEN FOR SERVICE RENDERED FOR YOUR DEPENDENTS ABOARD SHIP.

A SETTLEMENT FOR THE ADDITIONAL AMOUNTS REFERRED TO HEREIN WILL ISSUE IN DUE COURSE.