B-165335, NOV. 19, 1968

B-165335: Nov 19, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MINA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 10. WAS TO PROCEED TO TURKS AND CAICOS ISLAND. ENDORSEMENTS TO THIS ORDER SHOW THAT HE WAS DETACHED FROM DUTY AT THE NAVAL FACILITY. HE WAS AUTHORIZED 22 POUNDS OF EXCESS BAGGAGE VIA COMMERCIAL AIRCRAFT BY FURTHER ENDORSEMENT DATED AUGUST 20. HE WAS INFORMED THAT NO EXCESS BAGGAGE ALLOWANCE HAD BEEN PROVIDED ON HIS TRANSPORTATION REQUEST AND THAT IN ORDER TO HAVE THEIR BAGGAGE CLEARED FOR NEW YORK HE WOULD HAVE TO PAY AN ADDITIONAL $35.64. PROVIDES THAT EXPENSES INCIDENT TO SHIPMENT OF EXCESS BAGGAGE ARE REIMBURSABLE WHEN AUTHORIZED OR APPROVED BY THE ORDER-ISSUING AUTHORITY (OR HIS DESIGNATED REPRESENTATIVE) OR THE MEMBER'S COMMANDING OFFICER.

B-165335, NOV. 19, 1968

TO MR. M. G. MINA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 10, 1968, AND ENCLOSURES, FORWARDED HERE BY THE COMMANDING OFFICER OF THE U.S. NAVAL FACILITY, BERMUDA, CONCERNING THE CLAIM OF LIEUTENANT (JG) ROBERT M. HARDY, USNR, FOR REIMBURSEMENT FOR EXCESS BAGGAGE CHARGES IN THE AMOUNT OF $35.64 INCURRED IN CONNECTION WITH TRAVEL PERFORMED PURSUANT TO BUREAU OF NAVAL PERSONNEL ORDER NO. 125534 DATED JUNE 12, 1968.

THIS ORDER PROVIDED THAT THE MEMBER, WHEN DETACHED FROM DUTY AT THE NAVAL FACILITY, BERMUDA, WAS TO PROCEED TO TURKS AND CAICOS ISLAND, T.W.I., AND REPORT TO THE COMMANDING OFFICER AT THE NAVAL FACILITY, GRAND TURK, FOR DUTY. ENDORSEMENTS TO THIS ORDER SHOW THAT HE WAS DETACHED FROM DUTY AT THE NAVAL FACILITY, BERMUDA, ON JULY 3, 1968, AND THAT HE REPORTED AT HIS NEW DUTY STATION ON JULY 24, 1968. HE WAS AUTHORIZED 22 POUNDS OF EXCESS BAGGAGE VIA COMMERCIAL AIRCRAFT BY FURTHER ENDORSEMENT DATED AUGUST 20, 1968.

IN A STATEMENT DATED SEPTEMBER 9, 1968, THE MEMBER SAYS THAT WHEN HE AND HIS WIFE ARRIVED AT THE BERMUDA AIR TERMINAL ON JULY 3, 1968, HE WAS INFORMED THAT NO EXCESS BAGGAGE ALLOWANCE HAD BEEN PROVIDED ON HIS TRANSPORTATION REQUEST AND THAT IN ORDER TO HAVE THEIR BAGGAGE CLEARED FOR NEW YORK HE WOULD HAVE TO PAY AN ADDITIONAL $35.64, WHICH HE DID.

PARAGRAPH M4404 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT EXPENSES INCIDENT TO SHIPMENT OF EXCESS BAGGAGE ARE REIMBURSABLE WHEN AUTHORIZED OR APPROVED BY THE ORDER-ISSUING AUTHORITY (OR HIS DESIGNATED REPRESENTATIVE) OR THE MEMBER'S COMMANDING OFFICER.

IT HAS BEEN CONSISTENTLY HELD THAT THE WORD "APPROVED," AS USED IN STATUTES AND REGULATIONS, CONTEMPLATES THE RATIFICATION OR CONFIRMATION OF A THING ALREADY DONE, AS DIFFERENTIATED FROM THE WORD "AUTHORIZED" WHICH CONTEMPLATES THE GIVING OF PERMISSION PRIOR TO THE ACT. 22 COMP. GEN. 171; 33 COMP. GEN. 140; 35 COMP. GEN. 235. THUS, THE REGULATION CONTEMPLATES THAT THE ORDER-ISSUING AUTHORITY MAY EITHER AUTHORIZE THE PAYMENT OF EXCESS CHARGES BEFORE THE TRAVEL IS PERFORMED OR APPROVE OR RATIFY SUCH CHARGES AFTER THE TRAVEL HAS BEEN PERFORMED.

ACCORDINGLY, SINCE THE ENDORSEMENT OF AUGUST 20, 1968, APPEARS TO PROVIDE THE APPROVAL CONTEMPLATED BY PARAGRAPH M4404, THE MEMBER'S CLAIM FOR REIMBURSEMENT FOR THE EXCESS BAGGAGE CHARGES MAY BE ALLOWED, IF OTHERWISE CORRECT. HIS ORDER, WITH ENDORSEMENTS, AND THE VOUCHERS ARE RETURNED HEREWITH.