B-165076, SEPT. 9, 1968

B-165076: Sep 9, 1968

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A SUPPLEMENTARY REPORT WE HAVE RECEIVED FROM THE DEPARTMENT OF STATE INDICATES THAT EVEN WITH THE ADDITION OF THE WEIGHT OF THE BOOKS YOU SHIPPED BY AIR YOU DID NOT EXCEED THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS AUTHORIZED TO BE SHIPPED BY YOUR TRAVEL AUTHORIZATION. SINCE THE $13.25 REIMBURSEMENT YOU CLAIM FOR SHIPMENT OF THE BOOKS APPEARS TO BE NO MORE THAN THE COST WOULD HAVE BEEN HAD YOU SHIPPED THE BOOKS TOGETHER WITH YOUR OTHER HOUSEHOLD GOODS. WE HAVE DETERMINED ON THE BASIS OF THE EVIDENCE NOW AVAILABLE THAT REIMBURSEMENT FOR THAT ITEM WOULD BE PROPER. PER DIEM AND NECESSARY MISCELLANEOUS EXPENSES ARE AUTHORIZED. REST STOPS ARE NOT AUTHORIZED WHEN TRAVEL IS PERFORMED BY AN INDIRECT ROUTE.'.

B-165076, SEPT. 9, 1968

TO MR. RICHARD RUEDA, JR.:

WE REFER TO YOUR LETTER OF JULY 18, 1968, BY WHICH YOU REQUEST REVIEW OF THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED JULY 2, 1968, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT INCIDENT TO YOUR CHANGE OF STATION FROM ANKARA, TURKEY, TO WASHINGTON, D.C., IN JUNE 1967.

A SUPPLEMENTARY REPORT WE HAVE RECEIVED FROM THE DEPARTMENT OF STATE INDICATES THAT EVEN WITH THE ADDITION OF THE WEIGHT OF THE BOOKS YOU SHIPPED BY AIR YOU DID NOT EXCEED THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS AUTHORIZED TO BE SHIPPED BY YOUR TRAVEL AUTHORIZATION. SINCE THE $13.25 REIMBURSEMENT YOU CLAIM FOR SHIPMENT OF THE BOOKS APPEARS TO BE NO MORE THAN THE COST WOULD HAVE BEEN HAD YOU SHIPPED THE BOOKS TOGETHER WITH YOUR OTHER HOUSEHOLD GOODS, WE HAVE DETERMINED ON THE BASIS OF THE EVIDENCE NOW AVAILABLE THAT REIMBURSEMENT FOR THAT ITEM WOULD BE PROPER.

REGARDING THE PAYMENT OF PER DIEM FOR THE PERIOD YOU AND YOUR FAMILY DELAYED TRAVEL IN NEW YORK CITY, 6 FAM 132.4 PROVIDES: "132.4 STOPOVER FOR REST PERIOD "ANY SCHEDULED FLIGHTS IN EXCESS OF 14 HOURS ON A USUALLY TRAVELED ROUTE, INCLUDING SCHEDULED STOPOVERS OF LESS THAN 8 HOURS, WHEN TRAVELING BY LESS THAN FIRST-CLASS ACCOMODATIONS, MAY BE INTERRUPTED FOR A REST PERIOD OF NOT TO EXCEED 24 HOURS. THE POINT OF INTERRUPTION SHOULD BE MIDWAY IN THE JOURNEY OR AS NEAR TO IT AS THE SCHEDULE PERMITS. PER DIEM AND NECESSARY MISCELLANEOUS EXPENSES ARE AUTHORIZED. REST STOPS ARE NOT AUTHORIZED WHEN TRAVEL IS PERFORMED BY AN INDIRECT ROUTE.'

STOPOVERS FOR PERIODS OF REST AS AUTHORIZED BY THAT SECTION MAY BE TAKEN ONLY TO THE EXTENT AUTHORIZED OR APPROVED AS NECESSARY BY THE DEPARTMENT IN VIEW OF THE CIRCUMSTANCES INVOLVED. THE DEPARTMENT HAS ADVISED US THAT THEY NOW APPROVE YOUR STOPOVER IN NEW YORK TO THE EXTENT OF CONSTRUCTIVE TRAVEL BY RAIL DEPARTING NEW YORK NO LATER THAN 11 A.M. ON JUNE 15 AND ARRIVING IN WASHINGTON AT 2:50 P.M. ON THAT DAY. ACCORDINGLY THEY HAVE APPROVED THE PAYMENT OF PER DIEM TO YOU FOR AN ADDITIONAL QUARTER DAY IN THE AMOUNT OF $4. REGARDING THE STOPOVER OF YOUR FAMILY, THE DEPARTMENT TAKES THE POSITION THAT COMPLETION OF THEIR TRAVEL BEFORE THE BEGINNING OF THE FOURTH QUARTER DAY OF JULY 1 (6 P.M.) WOULD HAVE ALLOWED THEM SUFFICIENT REST IN VIEW OF THE RELATIVELY SHORT DISTANCE INVOLVED AND SINCE TRAVEL BY PRIVATELY OWNED AUTOMOBILE RATHER THAN BY RAIL OR AIR WAS NOT DIRECTED.

WE FIND NO BASIS TO QUESTION THE NEW ADMINISTRATIVE DETERMINATION OF THE DEPARTMENT OF STATE WITH REGARD TO THE ALLOWABLE CONSTRUCTIVE PER DIEM COVERING THE PERIODS AFTER YOU AND YOUR FAMILY ARRIVED IN NEW YORK.

IN ACCORDANCE WITH THE ABOVE, WE HAVE TODAY DIRECTED OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT TO YOU IN THE TOTAL AMOUNT OF $17.25 ($13.25PLUS $4).