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B-125387, JAN. 4, 1956

B-125387 Jan 04, 1956
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GS: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9. THAT OFFICIAL ADVISED YOU THAT "THIS IS A PORT CALL FOR TRANSPORTATION TO PUERTO RICO.'. UPON REPORTING AT FORT HAMILTON YOU WERE GIVEN AN UNDATED LETTER AUTHORIZING TRANSPORTATION BY GOVERNMENT VESSEL ON A SPACE AVAILABLE BASIS WITHOUT EXPENSE TO THE GOVERNMENT FROM "NEW YORK TO CARIB. YOU SAY YOU WERE ADVISED THAT SINCE PASSAGE WAS BOOKED FOR THAT PORT. IF TRANSPORTATION TO PANAMA WAS DESIRED AN ADDITIONAL CHARGE OF $49.50 WOULD BE REQUIRED. IS LOCATED AT FORT AMADOR. IT IS REASONABLE TO ASSUME THAT TRAVEL WAS AUTHORIZED TO THE CANAL ZONE. THAT AN ERROR WAS MADE IN BOOKING YOUR PASSAGE TO SAN JUAN. TO PANAMA IS $82.50. THAT THERE IS NO ESTABLISHED CHARGE OF $132 FOR TRAVEL BETWEEN THOSE POINTS.

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B-125387, JAN. 4, 1956

TO COLONEL JOHN H. HEIL, JR., GS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 28, 1955, WHICH DISALLOWED YOUR CLAIM FOR $49.50, REPRESENTING THE AMOUNT PAID BY YOU FOR TRAVEL OF YOURSELF AND DEPENDENTS AND TRANSPORTATION OF BAGGAGE FROM SAN JUAN, PUERTO RICO, TO PANAMA, CANAL ZONE, ABOARD AN ARMY TRANSPORT.

THE RECORD SHOWS THAT BY LETTER OF OCTOBER 30, 1953, YOU REQUESTED THE COMMANDING GENERAL, NEW YORK PORT OF EMBARKATION, FOR PASSAGE (FOR YOURSELF, WIFE AND SON) ON A SPACE AVAILABLE BASIS ON A TROOP SHIP SAILING FOR "SAN JUAN, PR AND/OR PANAMA.' BY TELEGRAM DATED JANUARY 4, 1954, THAT OFFICIAL ADVISED YOU THAT "THIS IS A PORT CALL FOR TRANSPORTATION TO PUERTO RICO.' THE TELEGRAM FURTHER REQUESTED YOU TO REPORT AT FORT HAMILTON, NEW YORK, PRIOR TO 12 O-CLOCK NOON ON JANUARY 8, 1954, AND TO ACKNOWLEDGE IMMEDIATELY. YOU ACKNOWLEDGED RECEIPT OF THE PORT CALL BY TELEGRAM DATED JANUARY 5, 1954, AND STATED YOU WOULD REPORT ON JANUARY 8. UPON REPORTING AT FORT HAMILTON YOU WERE GIVEN AN UNDATED LETTER AUTHORIZING TRANSPORTATION BY GOVERNMENT VESSEL ON A SPACE AVAILABLE BASIS WITHOUT EXPENSE TO THE GOVERNMENT FROM "NEW YORK TO CARIB," ABOARD THE GOETHALS FOR YOU, YOUR WIFE, AND YOUR SON, AT A COST OF $82.50. UPON ARRIVAL AT SAN JUAN, YOU SAY YOU WERE ADVISED THAT SINCE PASSAGE WAS BOOKED FOR THAT PORT, IF TRANSPORTATION TO PANAMA WAS DESIRED AN ADDITIONAL CHARGE OF $49.50 WOULD BE REQUIRED. IN YOUR PRESENT LETTER YOU STATE THAT THE ORDERS AUTHORIZED TRAVEL TO "CARIB," NOT TO SAN JUAN; THAT SINCE HEADQUARTERS, U.S. ARMY, CARIB, IS LOCATED AT FORT AMADOR, CANAL ZONE, IT IS REASONABLE TO ASSUME THAT TRAVEL WAS AUTHORIZED TO THE CANAL ZONE; THAT AN ERROR WAS MADE IN BOOKING YOUR PASSAGE TO SAN JUAN; THAT THE CHARGE FOR TRAVEL ON A SPACE AVAILABLE BASIS FROM NEW YORK, NEW YORK, TO PANAMA IS $82.50, AND THAT THERE IS NO ESTABLISHED CHARGE OF $132 FOR TRAVEL BETWEEN THOSE POINTS.

AS STATED ABOVE, THE RECORD SHOWS THAT YOU REQUESTED TRANSPORTATION TO EITHER OF TWO PLACES, SAN JUAN OR PANAMA, AND THAT YOU ACCEPTED A PORT CALL FOR TRANSPORTATION TO PUERTO RICO, EXPRESSING NO OBJECTION TO THE DESTINATION INDICATED. IT IS ADMINISTRATIVELY REPORTED THAT THE CHARGE MADE SPECIFICALLY WAS INTENDED FOR PASSAGE OF THREE PERSONS AND BAGGAGE TO THAT PLACE AND THAT YOU AND YOUR DEPENDENTS WERE BOOKED FOR PASSAGE, AND PASSENGER LISTS PREPARED, FOR TRAVEL TO PUERTO RICO. THE PORT COMMANDER, NEW YORK PORT OF EMBARKATION, HAS REPORTED THAT INFORMATION REGARDING THE PORT OF DEBARKATION (SAN JUAN, PUERTO RICO) INADVERTENTLY WAS OMITTED FROM THE UNDATED LETTER AUTHORIZING TRANSPORTATION, BUT IT DOES NOT APPEAR THAT SUCH OMISSION HAS A MATERIAL BEARING ON YOUR CLAIM. WHILE THE AUTHORIZATION WAS FOR TRANSPORTATION FROM NEW YORK TO ,CARIB," NO MENTION WAS MADE OF ARMY HEADQUARTERS LOCATED AT PORT AMADOR, CANAL ZONE, AND SINCE THE PORT CALL WAS FOR TRANSPORTATION TO PUERTO RICO, AS YOU HAD REQUESTED, THERE APPEARS TO HAVE BEEN NO PROPER BASIS FOR YOU TO ASSUME THAT "CARIB" HAD REFERENCE TO OTHER THAN THE CARIBBEAN AREA. HENCE, UPON ARRIVAL AT YOUR AUTHORIZED DESTINATION, IT APPEARS THAT YOU WERE PROPERLY REQUIRED TO PAY THE ADDITIONAL SUM OF $49.50 FOR THE ADDITIONAL TRAVEL FROM PUERTO RICO TO PANAMA.

SINCE IT APPEARS YOU PAID ESTABLISHED CHARGES FOR EACH PORTION OF THE JOURNEY, AND SINCE ANY TRANSPORTATION FURNISHED YOU AND YOUR DEPENDENTS ON A SPACE AVAILABLE BASIS ABOARD A GOVERNMENT TRANSPORT WAS TO BE WITHOUT EXPENSE TO THE GOVERNMENT, THERE APPEARS NO LEGAL BASIS UPON WHICH IT MAY BE CONCLUDED THAT YOU ARE ENTITLED TO REFUND OF A PORTION OF THE CHARGES PAID. ACCORDINGLY, THE SETTLEMENT OF JULY 28, 1955, IS SUSTAINED.

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