B-167703, NOV. 5, 1969
Highlights
WE CONSIDERED WHAT YOU STATED WAS THE PRIMARY BASIS OF YOUR CLAIM. THAT YOU WERE DENIED COMMERCIAL TRANSPORTATION DUE TO ADMINISTRATIVE ERROR BY OPERATING OFFICIALS IN FAILING TO FOLLOW THE GOVERNING USAREUR REGULATIONS. THE SECOND PART OF TWX MESSAGE SC 31760 READS IN PART: "PERSONNEL DESIRING COMMERCIAL SURFACE TRANSPORTATION WILL BE SELECTED ON THE BASIS OF SENIORITY. THE ORDER OF PRECEDENCE IS LISTED BELOW. PERSONNEL WILL BE CONSIDERED BY DATE OF RANK OR APPOINTMENT:" THE FOREGOING GUIDELINES DO NOT SET FORTH A MANDATORY REQUIREMENT THAT PRIORITY BE GRANTED SOLELY ON THE BASIS OF DATE OF RANK OR APPOINTMENT. THIS IS REFLECTED IN THE STATEMENT THAT THE FAMILY GROUP COMPOSITION AND THE CONFIGURATION OF AVAILABLE ROOMS ENTER INTO THE CONSIDERATION AS INDICATED IN OUR DECISION OF SEPTEMBER 22.
B-167703, NOV. 5, 1969
TO MR. THOMAS J. MAHER:
YOUR LETTER OF SEPTEMBER 29, 1969, REQUESTING THAT WE REVERSE OUR DECISION OF SEPTEMBER 22, 1969, B-167703, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES BECAUSE OF THE USE OF COMMERCIAL TRANSPORTATION FACILITIES IN RETURNING TO THE UNITED STATES FROM GERMANY IN LIEU OF GOVERNMENT TRANSPORTATION FACILITIES AVAILABLE TO THE DEPARTMENT OF THE ARMY, HAS BEEN CAREFULLY REVIEWED.
IN OUR DECISION OF SEPTEMBER 22, 1969, WE CONSIDERED WHAT YOU STATED WAS THE PRIMARY BASIS OF YOUR CLAIM, I.E., THAT YOU WERE DENIED COMMERCIAL TRANSPORTATION DUE TO ADMINISTRATIVE ERROR BY OPERATING OFFICIALS IN FAILING TO FOLLOW THE GOVERNING USAREUR REGULATIONS. THE ENCLOSURE NO. 5 (MSG-SC 31760) TO YOUR VOUCHER WHICH YOU REFER TO AS A REGULATION APPEARS TO BE A STATEMENT OF POLICY GUIDELINES RATHER THAN AN OFFICIAL REGULATION. THE SECOND PART OF TWX MESSAGE SC 31760 READS IN PART:
"PERSONNEL DESIRING COMMERCIAL SURFACE TRANSPORTATION WILL BE SELECTED ON THE BASIS OF SENIORITY, FAMILY GROUP COMPOSITION AND THE CONFIGURATION OF AVAILABLE ROOMS, THE ORDER OF PRECEDENCE IS LISTED BELOW. WITHIN EACH GROUPING, PERSONNEL WILL BE CONSIDERED BY DATE OF RANK OR APPOINTMENT:"
THE FOREGOING GUIDELINES DO NOT SET FORTH A MANDATORY REQUIREMENT THAT PRIORITY BE GRANTED SOLELY ON THE BASIS OF DATE OF RANK OR APPOINTMENT. THIS IS REFLECTED IN THE STATEMENT THAT THE FAMILY GROUP COMPOSITION AND THE CONFIGURATION OF AVAILABLE ROOMS ENTER INTO THE CONSIDERATION AS INDICATED IN OUR DECISION OF SEPTEMBER 22, 1969. THEREFORE, THE TELEPHONIC ADVICE GIVEN TO THE DIRECTOR OF CIVILIAN PERSONNEL, SOUTH BOVARIA DISTRICT, BY THE CHIEF, CCA, USATMACE, TO THE EFFECT THAT CIVILIANS IN GRADE GS-14 ARE CONSIDERED AFTER LIEUTENANT COLONELS, WITHOUT REFERENCE TO DATE OF RANK OR APPOINTMENT, IS NOT REGARDED AS INCONSISTENT WITH SUCH POLICY GUIDELINES.
BY REASON OF THE ABOVE WE DO NOT FIND ANY BASIS FOR REVERSING OUR DECISION SUSTAINING THE DISALLOWANCE OF YOUR CLAIM.