B-140008, APR. 4, 1960
Highlights
THE FACTS IN YOUR CASE AND THE REASON FOR THE PARTIAL DISALLOWANCE OF YOUR CLAIM WERE FULLY SET FORTH IN OUR DECISION OF AUGUST 19. YOU WERE INFORMED THAT SHOULD YOU CARE TO SUBMIT A CERTIFICATE FROM THE UNITED STATES LINES SHOWING ITS SAILING DATES FROM LEHAVRE AT THE TIME YOUR DEPENDENTS RETURNED TO THE UNITED STATES AND WHETHER ACCOMMODATIONS FOR YOUR DEPENDENTS WERE AVAILABLE . OUR FINAL RECORD FOR THIS MAILING SHOWED THAT WE WERE ACTUALLY BOOKED UP IN TOURIST CLASS. THE POSITION THERE WAS THAT WE HAD TWO LADY'S BERTHS FREE IN THE SAME ROOM. THROUGH WE CANNOT FIND EXACTLY ON WHAT DATE THEY WERE CANCELLED.'. IT FAILS TO ESTABLISH WHETHER ACCOMMODATIONS WERE AVAILABLE APPROXIMATELY ONE MONTH LATER WHEN YOUR DEPENDENTS ACTUALLY SAILED FOR THE UNITED STATES.
B-140008, APR. 4, 1960
TO MR. JOHN D. BROWN:
YOUR LETTER OF MARCH 15, 1960, WITH ENCLOSURES, RELATES TO OUR DECISION OF AUGUST 19, 1959, B-140008, TO YOU, WHICH SUSTAINED THE PARTIAL DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR DEPENDENT TRAVEL EXPENSES INCURRED BY YOUR WIFE AND CHILD FOR TRAVEL FROM PARIS, FRANCE, TO SILVER SPRING, MARYLAND, DURING MAY 1956.
THE FACTS IN YOUR CASE AND THE REASON FOR THE PARTIAL DISALLOWANCE OF YOUR CLAIM WERE FULLY SET FORTH IN OUR DECISION OF AUGUST 19, 1959, B- 140008, TO YOU AND NEED NOT BE REPEATED HERE. IN OUR DECISION OF AUGUST 19, 1959, YOU WERE INFORMED THAT SHOULD YOU CARE TO SUBMIT A CERTIFICATE FROM THE UNITED STATES LINES SHOWING ITS SAILING DATES FROM LEHAVRE AT THE TIME YOUR DEPENDENTS RETURNED TO THE UNITED STATES AND WHETHER ACCOMMODATIONS FOR YOUR DEPENDENTS WERE AVAILABLE , TOGETHER WITH INFORMATION AS TO THE URGENCY OF THE TRAVEL, WE WOULD RECONSIDER YOUR CASE IN THE LIGHT OF SUCH EVIDENCE. YOU SUBMITTED A LETTER FROM THE UNITED STATES LINES, DATED OCTOBER 20, 1959, TO YOU, WHICH READS IN PART AS FOLLOWS:
"ON THE SS.'UNITED STATES," WHICH SAILED ON APRIL 1, 1956, FROM LEHAVRE, OUR FINAL RECORD FOR THIS MAILING SHOWED THAT WE WERE ACTUALLY BOOKED UP IN TOURIST CLASS, EXCEPT FOR, AS REGARDS LADIES, TWO BERTHS IN SEPARATE CABINS, THESE BEING CANCELLATIONS RECEIVED TWO DAYS BEFORE SAILING.
"WE ALSO HAD THE SS.'AMERICA," WHICH SAILED FROM LEHAVRE ON APRIL 5, 1956, AND THE POSITION THERE WAS THAT WE HAD TWO LADY'S BERTHS FREE IN THE SAME ROOM, WHICH CAME FROM LATE CANCELLATIONS, THROUGH WE CANNOT FIND EXACTLY ON WHAT DATE THEY WERE CANCELLED.'
WE NOTE THAT YOUR DEPENDENTS SAILED FROM LEHAVRE, FRANCE, CABIN CLASS, ON THE SS QUEEN MARY ON MAY 4, 1956. SINCE THE INFORMATION FURNISHED REFERS TO SAILINGS OF THE SS UNITED STATES AND SS AMERICA FROM LEHAVRE, FRANCE, ON APRIL 1 AND APRIL 5, 1956, RESPECTIVELY, ABOUT ONE MONTH PRIOR TO THE TIME YOUR DEPENDENTS SAILED FOR THE UNITED STATES, IT FAILS TO ESTABLISH WHETHER ACCOMMODATIONS WERE AVAILABLE APPROXIMATELY ONE MONTH LATER WHEN YOUR DEPENDENTS ACTUALLY SAILED FOR THE UNITED STATES.
WE HAVE OBTAINED INFORMAL INFORMATION FROM THE UNITED STATES LINES OFFICE IN WASHINGTON, D.C., THAT THE SS AMERICA AND THE SS UNITED STATES SAILED ON THE FOLLOWING DATES FROM LEHAVRE, FRANCE, TO THE UNITED STATES:
TABLE
SS AMERICA SS UNITED STATES
APRIL 5, 1956 APRIL 1, 1956
APRIL 26, 1956 APRIL 17, 1956
MAY 17, 1956 MAY 3, 1956
JUNE 7, 1956 MAY 18, 1956
JUNE 1, 1956
IF YOUR WILL FURNISH INFORMATION AS TO THE AVAILABILITY OR NONAVAILABILITY OF ACCOMMODATIONS ON THE SS AMERICA AND SS UNITED STATES ON THE DATES APPROXIMATING MAY 4, 1956, FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM.
ON THE BASIS OF THE PRESENT RECORD THE ACTION TAKEN IN OUR DECISION OF AUGUST 19, 1959, MUST BE SUSTAINED.
THE COPIES OF AGREEMENT AND DECREE TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH AS REQUESTED.