B-147779, APR. 3, 1962

B-147779, APR. 3, 1962

TO MR. CARL I. VON HELLENS:

ON FEBRUARY 12, 1962, YOU REQUESTED THAT WE RECONSIDER OUR DECISION OF JANUARY 18, 1962, TO YOU, WHICH SUSTAINED OUR DISALLOWANCE OF YOUR CLAIM FOR THE COST OF TRANSPORTING YOUR MERCURY AUTOMOBILE FROM NEW YORK, NEW YORK, TO HAMBURG, GERMANY, IN SEPTEMBER 1960, INCIDENT TO YOUR TRANSFER AS AN OFFICER OF THE FOREIGN SERVICE FROM KABUL,AFGHANISTAN, TO HAMBURG.

IN PERFORMING CIRCUITOUS TRAVEL FROM KABUL TO THE UNITED STATES FOR CONSULTATION AND HOME LEAVE IN THE SUMMER OF 1960 PRIOR TO YOUR REPORTING FOR DUTY IN HAMBURG YOU TRAVELED BY AIR TO PARIS, PURCHASED A CITROEN AUTOMOBILE THERE, AND DROVE IT TO HELSINKI, FINLAND. YOU TRAVELED FROM HELSINKI TO THE UNITED STATES BY AIR AND SHIPPED YOUR CITROEN FROM HELSINKI TO HAMBURG. THAT SHIPMENT TOOK PLACE ON OR ABOUT JULY 8, 1960, AND YOU PAID THE COST THEREOF. ON OR ABOUT SEPTEMBER 8, YOUR MERCURY AUTOMOBILE WAS SHIPPED FROM NEW YORK TO HAMBURG AT GOVERNMENT EXPENSE. YOU REPORTED FOR DUTY AT HAMBURG IN SEPTEMBER 1960. ON NOVEMBER 14, YOU SUBMITTED A DRAFT TRAVEL VOUCHER FOR REIMBURSEMENT OF YOUR EXPENSES IN PERFORMING THE TRAVEL IN QUESTION AND A PURCHASE ORDER FOR REIMBURSEMENT OF THE COST OF YOUR SHIPPING YOUR CITROEN FROM HELSINKI TO HAMBURG. PAYMENT OF THE PURCHASE ORDER IN THE AMOUNT OF $101.17 WAS APPROVED AND THE AMOUNT SO APPROVED WAS DEDUCTED FROM YOUR OUTSTANDING TRAVEL ADVANCE.

THE ADMINISTRATIVE TRAVEL AUDIT STATEMENT OF DECEMBER 23, 1960, CONCERNING YOUR TRAVEL VOUCHER OF DECEMBER 6, CHARGED YOU $474.36 AS REFUND TO THE GOVERNMENT OF THEIR COST IN TRANSPORTING YOUR MERCURY FROM NEW YORK TO HAMBURG. YOU POINT OUT THAT YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR CITROEN WAS BASED UPON THE THEORY THAT SUCH COST COULD BE PAID BY THE GOVERNMENT AS TRAVEL COST INCIDENT TO YOUR PERFORMANCE OF CIRCUITOUS TRAVEL IN CONNECTION WITH YOUR CHANGE OF STATION WITHOUT EXCEEDING THE CONSTRUCTIVE COST FOR AUTHORIZED DIRECT TRAVEL. YOU SAY THAT YOU DID NOT INTEND THAT THE SHIPMENT OF THAT AUTOMOBILE BE PAID BY THE GOVERNMENT UNDER YOUR AUTHORITY TO SHIP ONE AUTOMOBILE INCIDENT TO THAT TRANSFER.

ALTHOUGH YOU SHIPPED YOUR CITROEN BEFORE YOU SHIPPED YOUR MERCURY YOU DID NOT CLAIM REIMBURSEMENT FOR THE COST OF SHIPPING THE CITROEN UNTIL AFTER THE MERCURY HAD BEEN SHIPPED AND THE COST OF THAT SHIPMENT PAID BY THE GOVERNMENT. WE FIND NOTHING IN THE REGULATIONS OF THE DEPARTMENT OF STATE OR IN THE LAW UNDER WHICH THEY WERE ISSUED WHICH LIMITS THE LIABILITY OF THE GOVERNMENT TO THE COST OF SHIPPING THE FIRST OF THE TWO AUTOMOBILES SHIPPED BY YOU. SINCE YOU HAD NOT CLAIMED REIMBURSEMENT FOR THE COST OF SHIPPING YOUR CITROEN BEFORE THE GOVERNMENT HAD SHIPPED YOUR MERCURY FOR YOU IT CANNOT BE SAID THAT YOU ALREADY HAD EXHAUSTED YOUR AUTHORITY TO SHIP ONE AUTOMOBILE AT THE TIME YOUR MERCURY WAS SHIPPED.

THEREFORE, WE OVERRULE OUR DECISION OF JANUARY 18 TO YOU, AND WE ARE TODAY INSTRUCTING THE CLAIMS DIVISION OF OUR OFFICE TO ISSUE SETTLEMENT TO YOU FOR THE OTHERWISE ALLOWABLE COST OF SHIPPING YOUR MERCURY FROM NEW YORK TO HAMBURG NOT TO EXCEED THE COST OF SHIPPING AN AUTOMOBILE FROM KABUL TO HAMBURG. THE AMOUNT ALLOWED YOU FOR THE SHIPMENT OF YOUR CITROEN, HOWEVER, MUST BE DEDUCTED FROM THE AMOUNT SO ALLOWED BECAUSE SHIPMENT OF THAT AUTOMOBILE CANNOT BE CONSIDERED A PROPER COST OF CIRCUITOUS TRAVEL INCIDENT TO YOUR CHANGE OF STATION.