B-150618, JUL. 1, 1963

B-150618, JUL. 1, 1963

TO MR. LAMBERT E. GOOD:

WE REFER TO YOUR LETTER OF MARCH 25, 1963, AND SUBSEQUENT CORRESPONDENCE, CONCERNING OUR DECISION OF MARCH 7, 1963, B-150618, TO YOU, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAVEL FROM FRANKFURT, GERMANY, TO TEHRAN, IRAN, IN OCTOBER 1961.

AS WE INFORMED YOU IN OUR PRIOR DECISION THE FACTS PRESENTED INDICATE THAT REASONABLE ACTION WAS TAKEN BY THOSE CONCERNED TO ASSURE THAT YOU WERE PROPERLY CARED FOR, AND THE FACT THAT YOU WERE PREVENTED FROM TRAVELING BY GOVERNMENT AIRCRAFT ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO YOURSELF BECAUSE OF THE HEART CONDITION THAT DEVELOPED WHILE YOU WERE IN GERMANY, CANNOT BE THE BASIS FOR PAYMENT BY THE GOVERNMENT OF THE COST OF YOUR TRAVEL BY COMMERCIAL MEANS.

WE KNOW OF NO LAW OR REGULATION WHICH, IN OUR OPINION, WOULD PERMIT CIVILIAN EMPLOYEES OF THE DEPARTMENT OF THE ARMY STATIONED OVERSEAS TO TRAVEL BY COMMERCIAL CARRIER AT GOVERNMENT EXPENSE TO, FROM OR BETWEEN ARMY HOSPITALS. THE FACT THAT OTHER EMPLOYEES HAVE BEEN PAID EXPENSES OF COMMERCIAL TRAVEL IN CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN YOUR CASE UNDER AN ADMINISTRATIVE INTERPRETATION OF THE LAW IS NO JUSTIFICATION FOR PAYMENT OF SUCH EXPENSES IN YOUR CASE. WE ARE INFORMED THAT THE PRACTICE OF ALLOWING COMMERCIAL TRANSPORTATION TO CIVILIANS IN SUCH CASES HAS BEEN DISCONTINUED.

THEREFORE, OUR DECISION OF MARCH 7, 1963, WHICH DISALLOWED YOUR CLAIM IS CORRECT AND IS SUSTAINED.