B-177458, APR 13, 1973

B-177458: Apr 13, 1973

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LOREN O'DELL: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21. THE RECORD INDICATES YOU WERE EMPLOYED AS AN EQUIPMENT SPECIALIST. YOUR REQUEST COULD NOT BE ACCOMMODATED UNDER THE SELECTION CRITERIA FOR THE LIMITED SPACE AVAILABLE AND YOUR APPLICATION WAS DISAPPROVED. IN THIS RESPECT YOU FEEL PASSENGER SELECTION PROCEDURES WERE CONDUCTED IN SUCH A MANNER AS TO FAVOR MILITARY OFFICER APPLICANTS AND DISCRIMINATE AGAINST CIVILIAN EMPLOYEES OF EQUIVALENT RANK. WE ARE ENCLOSING A COPY OF OUR DECISION DATED NOVEMBER 5. WHEREIN WE POINTED OUT THAT SELECTION OF CIVILIANS AFTER MILITARY PERSONNEL OF EQUIVALENT RANK IS NOT REGARDED AS INCONSISTENT WITH THE APPLICABLE POLICY GUIDELINES. ON A CONSTRUCTIVE BASIS ONLY IN THE AMOUNT THAT WOULD HAVE BEEN AUTHORIZED FOR APPROVED TRAVEL PURSUANT TO PARAGRAPH C10200.4.

B-177458, APR 13, 1973

ALLOWANCE, UPON REVIEW OF SETTLEMENT BY TRANSPORTATION AND CLAIMS DIVISION, OF AN ADDITIONAL AMOUNT OF $100.00 FOR MISCELLANEOUS EXPENSE ALLOWANCE AS FOR AN EMPLOYEE WITH IMMEDIATE FAMILY.

TO MR. LOREN O'DELL:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1972, CONCERNING CLAIM NO. Z-2447066, REQUESTING REVIEW AND RECONSIDERATION OF A SETTLEMENT BY OUR TRANSPORTATION AND CLAIMS DIVISION, DATED AUGUST 29, 1972, THAT PARTIALLY DISALLOWED YOUR CLAIM.

THE RECORD INDICATES YOU WERE EMPLOYED AS AN EQUIPMENT SPECIALIST, GS 1670-12, BY THE DEPARTMENT OF THE ARMY AND STATIONED AT SPANGDAHLEM, GERMANY, WHEN YOU RECEIVED PERMANENT CHANGE OF STATION ORDERS DATED MARCH 7, 1968, FOR A NEW ASSIGNMENT AT HUNTSVILLE, ALABAMA. THE ORDERS AUTHORIZED CONCURRENT TRAVEL FOR YOU AND YOUR WIFE "VIA MILITARY AIR OR SURFACE MAC OR MAC PROCURED TRANSPORTATION ..." AS DETERMINED AND AUTHORIZED BY THE RESPONSIBLE TRANSPORTATION OFFICER. YOU APPLIED THROUGH YOUR TRANSPORTATION OFFICER FOR GOVERNMENT PROCURED COMMERCIAL SURFACE TRANSPORTATION ON THE S.S. UNITED STATES. YOUR REQUEST COULD NOT BE ACCOMMODATED UNDER THE SELECTION CRITERIA FOR THE LIMITED SPACE AVAILABLE AND YOUR APPLICATION WAS DISAPPROVED. IN THIS RESPECT YOU FEEL PASSENGER SELECTION PROCEDURES WERE CONDUCTED IN SUCH A MANNER AS TO FAVOR MILITARY OFFICER APPLICANTS AND DISCRIMINATE AGAINST CIVILIAN EMPLOYEES OF EQUIVALENT RANK. CONCERNING THIS MATTER, WE ARE ENCLOSING A COPY OF OUR DECISION DATED NOVEMBER 5, 1969, B-167703, WHEREIN WE POINTED OUT THAT SELECTION OF CIVILIANS AFTER MILITARY PERSONNEL OF EQUIVALENT RANK IS NOT REGARDED AS INCONSISTENT WITH THE APPLICABLE POLICY GUIDELINES.

UPON DISAPPROVAL OF YOUR REQUEST, YOU BOOKED COMMERCIAL PASSAGE ON THE S.S. UNITED STATES FOR YOU AND YOUR WIFE AND TRAVELED AT YOUR OWN EXPENSE, ARRIVING IN HUNTSVILLE, ALABAMA, ON JULY 30, 1968. YOUR WIFE, SUBSEQUENT TO ARRIVAL AT HUNTSVILLE, TRAVELED TO EL PASO, TEXAS, WHERE SHE REESTABLISHED YOUR PERMANENT HOME. YOU CONTINUED TO LIVE AT HUNTSVILLE UNTIL YOU RECEIVED PERMANENT CHANGE OF STATION ORDERS TO FORT BLISS, EL PASO, TEXAS, IN FEBRUARY 1969.

YOU APPLIED FOR REIMBURSEMENT FOR THE COST OF COMMERCIAL SURFACE TRANSPORTATION ON THE S.S. UNITED STATES. OUR TRANSPORTATION AND CLAIMS DIVISION ALLOWED REIMBURSEMENT, ON A CONSTRUCTIVE BASIS ONLY IN THE AMOUNT THAT WOULD HAVE BEEN AUTHORIZED FOR APPROVED TRAVEL PURSUANT TO PARAGRAPH C10200.4, VOLUME 2, JOINT TRAVEL REGULATIONS (JTR), AND YOU DO NOT QUESTION THAT ACTION.

YOUR REQUEST FOR RECONSIDERATION RELATES TO THAT PART OF THE SETTLEMENT WHICH ALLOWED BUT $100 OF THE $200 CLAIMED FOR MISCELLANEOUS EXPENSE ALLOWANCE INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM FRANKFURT, GERMANY, TO HUNTSVILLE, ALABAMA. IT WAS NOT CLEAR FROM THE RECORD PRIOR TO YOUR RECENT LETTER THAT YOUR WIFE TRAVELED WITH YOU TO HUNTSVILLE, ALABAMA, NOR WAS THERE INFORMATION SUCH AS YOU HAVE NOW FURNISHED THAT YOU BOTH OCCUPIED AN APARTMENT IN HUNTSVILLE PRIOR TO YOUR WIFE'S MOVING TO EL PASO, TEXAS. IN VIEW OF THESE ADDITIONAL FACTS, IT IS NOW CONCLUDED THAT YOU ARE ENTITLED TO A MISCELLANEOUS EXPENSE ALLOWANCE IN THE AMOUNT ALLOWED FOR AN EMPLOYEE WITH IMMEDIATE FAMILY ($200 WHEN EXPENSES ARE NOT ITEMIZED) AS PROVIDED BY SECTION 3.3A(2) OF OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. INASMUCH AS YOU HAVE BEEN PAID $100, A SUPPLEMENTAL SETTLEMENT IN THE AMOUNT OF $100 WILL BE ISSUED IN YOUR FAVOR.