B-133540, OCT. 11, 1957

B-133540: Oct 11, 1957

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WE HAVE YOUR LETTER OF AUGUST 28. YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF JULY 23. BASED UPON THE REPORT OF THE USIA THAT YOU WERE NOT AN EMPLOYEE NOR A GRANTEE OF THAT AGENCY DURING THE PERIOD IN QUESTION OR AT ANY OTHER TIME. IN YOUR CLAIM AND PRESENT COMMUNICATIONS YOUR CONTENTION IS THAT YOU PERFORMED THE TRAVEL IN ACCORDANCE WITH INSTRUCTIONS WHICH THE PUBLIC AFFAIRS OFFICER OF THE USIA OFFICE AT MONTERREY GAVE YOU WHILE ACTING WITHIN THE SCOPE OF HIS AUTHORITY. YOUR TRAVEL FROM ANN ARBOR AND RETURN WAS NOR PERFORMED UNDER OFFICIAL ORDERS SPECIFICALLY AUTHORIZING SUCH TRAVEL AT GOVERNMENT EXPENSE. IS AS FOLLOWS: "MR. REILLY WAS NOT AN EMPLOYEE OF THE AGENCY DURING THE PERIOD SEPTEMBER 6 TO 28.

B-133540, OCT. 11, 1957

TO MR. VINCENT J. REILLY:

IN YOUR LETTER OF AUGUST 8, 1957, YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF $1,022.07, REPRESENTING EXPENSES YOU INCURRED ALLEGEDLY AS AN EMPLOYEE OF THE UNITED STATES INFORMATION AGENCY IN YOUR TRAVEL FROM ANN ARBOR, MICHIGAN, TO LOREDO, TEXAS, VIA WASHINGTON, C., AND RETURN TO WASHINGTON VIA ANN ARBOR, DURING THE PERIOD SEPTEMBER 6 TO 28, 1956. ALSO, WE HAVE YOUR LETTER OF AUGUST 28, 1957, IN THIS MATTER.

YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF JULY 23, 1957, BASED UPON THE REPORT OF THE USIA THAT YOU WERE NOT AN EMPLOYEE NOR A GRANTEE OF THAT AGENCY DURING THE PERIOD IN QUESTION OR AT ANY OTHER TIME, AND THAT YOU HAD PERFORMED THE TRAVEL PRIMARILY TO TEACH AT THE INSTITUTE TECNOLOGICO, A MEXICAN EDUCATIONAL INSTITUTION AT MONTERREY, MEXICO. HOWEVER, IN YOUR CLAIM AND PRESENT COMMUNICATIONS YOUR CONTENTION IS THAT YOU PERFORMED THE TRAVEL IN ACCORDANCE WITH INSTRUCTIONS WHICH THE PUBLIC AFFAIRS OFFICER OF THE USIA OFFICE AT MONTERREY GAVE YOU WHILE ACTING WITHIN THE SCOPE OF HIS AUTHORITY.

YOUR TRAVEL FROM ANN ARBOR AND RETURN WAS NOR PERFORMED UNDER OFFICIAL ORDERS SPECIFICALLY AUTHORIZING SUCH TRAVEL AT GOVERNMENT EXPENSE, AND HAS NOT BEEN APPROVED BY THE USIA, AS REQUIRED BY LAW.

CONCERNING YOUR CASE THE UNITED STATES INFORMATION AGENCY'S REPORT TO US DATED JULY 8, 1957, IN PERTINENT PART, IS AS FOLLOWS:

"MR. REILLY WAS NOT AN EMPLOYEE OF THE AGENCY DURING THE PERIOD SEPTEMBER 6 TO 28, 1956, OR AT ANY OTHER TIME.

"IN HIS CORRESPONDENCE WITH MR. REILLY, MR. OSTRANDER ACTED AS SPOKESMAN FOR THE NASCENT CULTURAL INSTITUTE WHICH WAS AT THAT TIME IN THE PROCESS OF GETTING ORGANIZED AND WHICH WAS OFFICIALLY ESTABLISHED ON JANUARY 19, 1957. CULTURAL INSTITUTES ARE PRIVATE, NON-PROFIT, EDUCATIONAL ORGANIZATIONS COMPLETELY INDEPENDENT OF THE AGENCY (SEE ATTACHMENTS 22 AND 23 WHICH DESCRIBE CULTURAL INSTITUTES AND THEIR RELATIONSHIP TO THE AGENCY), WHICH ARE VERY USEFUL TO THE INFORMATION PROGRAM SINCE THEY ARE DEDICATED TO CULTURAL INTERCHANGE WITH, AND FOSTER UNDERSTANDING OF, THE UNITED STATES. AS PUBLIC AFFAIRS OFFICER OF USIS/MONTERREY, MR. OSTRANDER WAS VERY MUCH INTERESTED IN THE SUCCESSFUL LAUNCHING OF THE PROPOSED CULTURAL INSTITUTE AND ACTED AS A CONDUIT BETWEEN THE CULTURAL INSTITUTE AND MR. REILLY.

"MR. REILLY WAS AWARE THAT THE AGENCY PROCURED SERVICES OF TEACHERS FOR ENGLISH TEACHING AT CULTURAL INSTITUTES ONLY THROUGH GRANTS MADE IN WASHINGTON, SINCE HE HAD PREVIOUSLY APPLIED TO THE AGENCY FOR A GRANT IN APRIL 1956 AND HAD BEEN TURNED DOWN.

"MR. REILLY WAS PERSONALLY ADVISED BY MRS. ISABEL KREMER, MR. MACILWINEN AND MR. COVINS OF THE AGENCY OF SEPTEMBER 7, 1956, PRIOR TO HIS TRIP TO THE MEXICAN BORDER, THAT HE WAS NOT AN EMPLOYEE OR GRANTEE OF THE AGENCY. HE WAS ALSO TOLD TO CONTACT THE MEXICAN EMBASSY TO ASCERTAIN REQUIREMENTS FOR ENTRY INTO MEXICO FOR TEACHING PURPOSES.

"MR. REILLY WAS ADVISED BY LETTER OF AUGUST 28, 1956 (ATTACHMENT 6) TO "APPLY FOR A PASSPORT AS SOON AS POSSIBLE" AND WAS GIVEN ADDITIONAL INFORMATION REGARDING STEPS THAT WOULD HAVE TO BE TAKEN TO ENTER MEXICO. MR. REILLY FAILED TO FOLLOW THIS ADVICE AND DID NOT EVEN MAKE APPLICATION FOR A PASSPORT. HIS INABILITY TO ENTER MEXICO WAS ENTIRELY HIS OWN FAULT.

"EVEN WITH HIS PASSPORT DIFFICULTIES, MR. REILLY COULD HAVE ENTERED MEXICO AND BEGUN TEACHING IMMEDIATELY HAD HE FOLLOWED INSTRUCTIONS OF MR. OSTRANDER TO STORE HIS EFFECTS IN THE CONSULATE'S LAREDO, TEXAS WAREHOUSE PENDING ISSUANCE OF HIS PASSPORT, AND ENTERED MEXICO ON TOURIST PAPERS IN PARTICIPATION IN THE MEXICAN-AMERICAN BI-NATIONAL CENTER PROGRAMS. INSTEAD MR. REILLY LEFT FOR ANN ARBOR, MICHIGAN THE FOLLOWING DAY.'

OUR VIEW IS THAT IN THE CIRCUMSTANCES, YOUR PROJECTED ASSIGNMENT DID NOT INVOLVE OR GIVE RISE TO AN OBLIGATION UPON THE GOVERNMENT OF THE UNITED STATES TO TRANSPORT YOU, YOUR FAMILY AND YOUR HOUSEHOLD EFFECTS TO AND FROM MEXICO, AS YOU CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IN THE SETTLEMENT OF JULY 23, 1957, IS SUSTAINED.

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