B-102348, APR 11, 1951

B-102348, APR 11, 1951

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL ARTHUR A. STIEFEL, F.C.:

THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, BY FIRST INDORSEMENT OF MARCH 23, 1951, REFERRED YOUR LETTER OF MARCH 9, 1951, TO THIS OFFICE FOR ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS, SUBMITTED THEREWITH COVERING PAYMENT OF MILEAGE, PER DIEM AND REIMBURSEMENT OF STEWARD FEES IN CONNECTION WITH TRAVEL PERFORMED BY LIEUTENANT COLONEL JAMES W. DUNCAN, CAVALRY, FROM ATHENS, GREECE, TO WASHINGTON, D. C.

BY ORDERS OF FEBRUARY 26, 1949, HEADQUARTERS, U.S. ARMY GROUP, GREECE, APO 206, C/O POSTMASTER, NEW YORK, NEW YORK, COLONEL DUNCAN WAS ORDERED TO PROCEED FROM ATHENS TO WASHINGTON ON A PERMANENT CHANGE OF STATION, 45 DAYS' LEAVE EN ROUTE BEING AUTHORIZED THEREIN. SAID ORDERS AUTHORIZED TRAVEL BY ANY MEANS OF TRANSPORTATION INCLUDING SHIPS SAILING UNDER FOREIGN FLAGS AND COMMERCIAL AIR, WHEN CONSIDERED AS CONTRIBUTING TO THE MORE EFFICIENT ACCOMPLISHMENT OF THE MISSION. IT APPEARS THAT TRANSPORTATION WAS FURNISHED ON GOVERNMENT TRANSPORTATION REQUEST OVER A ROUTE SELECTED BY THE OFFICER, BY COMMERCIAL AIR TO ROME ITALY, THENCE BY RAIL TO SOUTHAMPTON, ENGLAND, VIA GENEVA, SWITZERLAND, PARIS, FRANCE, AND LONDON, ENGLAND, AND THENCE BY CUNARD WHITE STAR LINE S.S. QUEEN ELIZABETH, TO NEW YORK. TRAVEL OVER SUCH ROUTE WAS PERFORMED DURING THE PERIOD MARCH 10, TO 23, 1949, AND A TOTAL OF $9 IS STATED TO HAVE BEEN PAID AS STEWARD FEES ON SUCH VESSEL. THE RECORD SHOWS THAT HE ARRIVED AT WASHINGTON ON APRIL 19, 1949.

SECTION 901 OF THE MERCHANT MARINE ACT, 1936, 49 STAT. 2015, 46 U.S.C. 1241, PROVIDES THAT ANY OFFICER OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS "SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG," AND IT IS FURTHER PROVIDED THAT THE COMPTROLLER GENERAL OF THE UNITED STATES "SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR." AN OFFICER'S RIGHT TO PER DIEM FOR TRAVEL IN FOREIGN COUNTRIES AND THE AVAILABILITY OF SHIPS OF AMERICAN REGISTRY FOR OVERSEAS TRAVEL, ARE DETERMINED ON THE BASIS OF THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN THE POINTS INVOLVED. APPLICABLE REGULATIONS REQUIRE THAT THE FURNISHING OF TRANSPORTATION ON TRANSPORTATION REQUESTS MUST BE OVER THE SAME ROUTE. SEE PARAGRAPH 7(F)(2), ARMY REGULATIONS 55-120, MARCH 13, 1946. IT APPEARS THAT SHIPS OF THE AMERICAN EXPORT LINES OPERATED BETWEEN PIRAEUS, GREECE, A PORT ADJACENT TO ATHENS, AND NEW YORK, NEW YORK. THE CHIEF OF FINANCE IN FIRST INDORSEMENT OF JUNE 13, 1949, TO THE CHIEF, U. S. ARMY GROUP, GREECE, STATED THAT THE OFFICIAL ROUTE OF TRAVEL FROM ATHENS TO NEW YORK IS VIA SUCH PORT AND WATER TRAVEL THENCE TO NEW YORK. UNDER SUCH CIRCUMSTANCES, THE ABOVE-MENTIONED ROUTE MUST BE REGARDED AS THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN ATHENS AND WASHINGTON, AND IN THE ABSENCE OF EVIDENCE ESTABLISHING THE NECESSITY FOR TRAVEL VIA THE PLACES VISITED AND BY THE MEANS OF TRANSPORTATION USED, THERE IS NO AUTHORITY FOR PAYMENT OF PER DIEM AND REIMBURSEMENT OF STEWARD FEES PAID FOR TRAVEL VIA THE S.S. QUEEN ELIZABETH. NO DUTY WAS REQUIRED TO BE PERFORMED AT ANY OF THE POINTS VISITED EN ROUTE AND NOTHING IS STATED IN THE ORDERS OF FEBRUARY 25, WHICH REQUIRED TRAVEL BY FASTER MEANS OF TRANSPORTATION THAN WAS AVAILABLE OVER THE OFFICIAL ROUTE. THE STATEMENT IN SAID ORDERS CONCERNING TRANSPORTATION "CONSIDERED AS CONTRIBUTING TO THE MORE EFFICIENT ACCOMPLISHMENT OF THE MISSION" IS PRECEDED BY A CITATION TO PARAGRAPH 3B (2) OF THE ABOVE CITED REGULATIONS. SUCH REGULATIONS RELATE TO TRAVEL BY COMMERCIAL AIR. WHEN LEAVE EN ROUTE IS GRANTED IN PERMANENT CHANGE OF STATION ORDERS, THERE IS NO NEED TO SAVE TIME BY AIR TRAVEL AND HENCE, SUCH TRAVEL DOES NOT CONTRIBUTE TO THE MORE EFFICIENT ACCOMPLISHMENT OF THE CHANGE OF STATION. IN SECOND INDORSEMENT OF JULY 16, 1949, THE ISSUING AUTHORITY STATED THAT THE PHRASE "INCLUDING SHIPS SAILING UNDER FOREIGN FLAGS" WAS INCORPORATED IN THE ORDERS TO TAKE CARE OF ANY EXIGENCY ARISING FOR THE NECESSITY THEREOF. SUCH EXIGENCY DID NOT ARISE IN THIS CASE.

ACCORDINGLY, PAYMENT ON THE PER DIEM AND REIMBURSEMENT VOUCHER IS NOT AUTHORIZED AND SUCH VOUCHER WILL BE RETAINED IN THIS OFFICE. COLONEL DUNCAN IS ENTITLED TO MILEAGE FOR THE TRAVEL FROM NEW YORK TO WASHINGTON AND THE VOUCHER COVERING SUCH TRAVEL IS RETURNED HEREWITH. HOWEVER, THE RECORD DOES NOT DISCLOSE WHETHER OR NOT THE OFFICER HAS REFUNDED TO THE GOVERNMENT THE AMOUNT DUE AS A RESULT OF TRANSPORTATION ERRONEOUSLY FURNISHED ON THE TRANSPORTATION REQUEST MENTIONED ABOVE. IF SUCH REFUND HAS NOT BEEN MADE, THE AMOUNT DUE AS MILEAGE SHOULD BE WITHHELD PENDING SETTLEMENT OF HIS INDEBTEDNESS TO THE GOVERNMENT.