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B-145533, JUN. 16, 1961

B-145533 Jun 16, 1961
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IN VIEW OF WHAT IS SAID IN YOUR LETTER. WE HAVE NO OBJECTION TO INCLUDING AN ADDITIONAL $96. UPON REQUEST BY A CLAIMANT FOR REVIEW OF A SETTLEMENT THE ENTIRE ACCOUNT PROPERLY MAY BE REOPENED FOR CONSIDERATION AND ANY AMOUNT FOUND TO HAVE BEEN PAID OUT UPON AN ERRONEOUS DETERMINATION BY GOVERNMENT OFFICERS MAY BE RECOVERED FROM THE RECIPIENT. 22 COMP. WE HAVE THEREFORE REOPENED AND REVIEWED YOUR ENTIRE CLAIM. THE ACTUAL TRAVEL WAS PERFORMED OVER AN INDIRECT ROUTE AS FOLLOWS: RAIL FROM MEXICO CITY TO NEW YORK. WAS PROCURED BY TRANSPORTATION REQUESTS AT GOVERNMENT EXPENSE. PROVIDES IN PART AS OLLOWS: "ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS * * * SHALL TRAVEL * * * ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE * * * PROVIDED.

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B-145533, JUN. 16, 1961

TO MR. ROBERT EISENBERT:

YOUR LETTER OF MARCH 27, 1961, REQUESTS REVIEW OF THAT PART OF OFFICE SETTLEMENT DATED MARCH 15, 1961, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM COVERING AN APPARENT EXCESS WAITING PERIOD IN LOS ANGELES INCIDENT TO THE CONSTRUCTIVE TRAVEL OF YOUR WIFE VIA THAT CITY UPON THE TRANSFER OF YOUR DUTY STATION FROM MEXICO CITY, MEXICO, TO VIENTIANE, LAOS.

IN VIEW OF WHAT IS SAID IN YOUR LETTER, WE HAVE NO OBJECTION TO INCLUDING AN ADDITIONAL $96, REPRESENTING PER DIEM IN LOS ANGELES, IN THE CONSTRUCTIVE COST OF THE TRAVEL BY A DIRECT ROUTE.

UNDER SECTION 236, REVISED STATUTES, AS AMENDED, 31 U.S.C. 71, WHICH PROVIDES THAT ALL CLAIMS BY AND AGAINST THE UNITED STATES BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE, THE COMPTROLLER GENERAL HAS AUTHORITY TO REVISE SETTLEMENTS. THEREFORE, UPON REQUEST BY A CLAIMANT FOR REVIEW OF A SETTLEMENT THE ENTIRE ACCOUNT PROPERLY MAY BE REOPENED FOR CONSIDERATION AND ANY AMOUNT FOUND TO HAVE BEEN PAID OUT UPON AN ERRONEOUS DETERMINATION BY GOVERNMENT OFFICERS MAY BE RECOVERED FROM THE RECIPIENT. 22 COMP. GEN. 952; 31 ID. 75. WE HAVE THEREFORE REOPENED AND REVIEWED YOUR ENTIRE CLAIM.

THE ACTUAL TRAVEL WAS PERFORMED OVER AN INDIRECT ROUTE AS FOLLOWS: RAIL FROM MEXICO CITY TO NEW YORK; FOREIGN FLAG SHIP, F.M.S. QUEEN MARY, FROM NEW YORK TO CHERBOURG, FRANCE; RAIL FROM CHERBOURG TO MARSEILLES, FRANCE, VIA GENEVA, SWITZERLAND; FOREIGN FLAT SHIP, S.S. CAMBODYE, FROM MARSEILLES TO SAIGON, VIET NAM, AND AIR FROM SAIGON TO VIENTIANE, LAOS.

THE RECORD SHOWS THAT TRANSPORTATION FROM LAREDO, TEXAS, TO NEW YORK CITY, AND FROM MARSEILLES TO SAIGON ABOARD THE FOREIGN FLAG SHIP, S.S. CAMBODYE, WAS PROCURED BY TRANSPORTATION REQUESTS AT GOVERNMENT EXPENSE. BECAUSE OF A DELAY IN THE SAILING OF A SHIP OF AMERICAN REGISTRY YOUR DEPENDENT PURCHASED TRANSPORTATION AND SAILED ABOARD THE QUEEN MARY, A SHIP OF FOREIGN REGISTRY, FROM NEW YORK TO CHERBOURG, FRANCE.

SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 46 U.S.C. 1241 (A), PROVIDES IN PART AS OLLOWS:

"ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS * * * SHALL TRAVEL * * * ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE * * * PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL * * * INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR.'

UNDER THAT SECTION THE ESTABLISHED RULE IS THAT WHEN A SHIP OF AMERICAN REGISTRY IS AVAILABLE OVER A DIRECT ROUTE INVOLVING USE OF SHIPS OF FOREIGN REGISTRY IS LIMITED TO TRAVEL EXPENSES INCURRED FOR LAND AND AIR TRAVEL, AND TRAVEL BY AMERICAN SHIPS, NOT TO EXCEED THE COST OF TRAVEL BY A DIRECT ROUTE. 39 COMP. GEN. 642; 30 ID. 407; 11 ID. 4; 9 ID. 210.

SINCE IT HAS BEEN DETERMINED THAT A SHIP OF AMERICAN REGISTRY WAS AVAILABLE IF YOUR WIFE HAD USED THE DIRECT ROUTE TO VIENTIANE AND SINCE THE NECESSITY FOR TRAVEL BY A SHIP OF FOREIGN REGISTRY WAS NOT ESTABLISHED, OUR OFFICE IS PROHIBITED BY SECTION 901 OF THE MERCHANT MARINE ACT FROM ALLOWING CREDIT OR REIMBURSEMENT FOR TRAVEL COSTS INCURRED ON FOREIGN SHIPS OVER THE INDIRECT ROUTE.

THE TOTAL COST OF THE TRAVEL BY THE INDIRECT ROUTE USED AS COMPUTED BY US IS $1,546.96. THIS AMOUNT IS COMPRISED OF THE COST OF TRANSPORTATION, $1,270.86, PER DIEM IN LIEU OF SUBSISTENCE WHICH NORMALLY WOULD ACCRUE, $236.25, AND MISCELLANEOUS EXPENSES, $39.85. OF THE TOTAL, $814.27 REPRESENTS EXPENDITURES BY THE GOVERNMENT FOR TRANSPORTATION REQUESTS AND $496.44 COVERS DISBURSEMENTS, OTHER THAN SUBSISTENCE, FROM PERSONAL FUNDS.

CONCERNING THE AMOUNT OF $814.27 PAID BY THE GOVERNMENT, CREDIT MAY NOT BE ALLOWED FOR THE ITEM $621.25 COVERING PASSAGE ABOARD THE S.S. CAMBODYE, A SHIP OF FOREIGN REGISTRY, BECAUSE OF THE PROHIBITION IN SECTION 901 OF THE MERCHANT MARINE ACT OF 1936. THAT ITEM THEREFORE IS FOR COLLECTION BY THE GOVERNMENT. CREDIT WILL BE ALLOWED FOR THE REMAINDER, $193.02, COVERING THE TRANSPORTATION REQUESTS ISSUED IN PROCURING TRANSPORTATION BY RAIL FROM LAREDO, TEXAS, TO NEW YORK CITY, AND BY AIR FROM SAIGON TO VIENTIANE, LAOS.

OF THE AMOUNT DISBURSED BY YOU, $496.44, THE ITEM OF $401 COVERING PASSAGE ABOARD THE R.M.S. QUEEN MARY, A SHIP OF FOREIGN REGISTRY, IS FOR DISALLOWANCE, ALSO BECAUSE OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936. OF THE REMAINDER, $95.44, COVERING TRANSPORTATION FROM MEXICO CITY TO NUEVO LAREDO, MEXICO, TRANSPORTATION FROM CHERBOURG TO MARSEILLES VIA GENEVA AND THE ITEMS MISCELLANEOUS EXPENSE CLAIMED, $84.44 IS ALLOWABLE. $11 COVERING TAXI FARE FROM NUEVO LAREDO TO LAREDO IS DISALLOWED BECAUSE THROUGH TRAIN SERVICE WAS AVAILABLE BETWEEN MEXICO CITY AND NEW YORK CITY.

PER DIEM IN LIEU OF SUBSISTENCE AT THE APPLICABLE RATES NORMALLY WOULD BE ALLOWABLE FOR 39 3/4 DAYS IN THE AMOUNT OF $236.25. HOWEVER, BECAUSE PER DIEM ACCRUING WHILE TRAVELING ON BOARD SHIPS OF FOREIGN REGISTRY IN CONTRAVENTION OF SECTION 901 IS NOT ALLOWABLE, THERE MUST BE DISALLOWED PER DIEM FOR 27 1/2 DAYS AMOUNTING TO $117.50. A-27687, FOR JULY 5, 1929; 13 COMP. GEN. 319. THE DIFFERENCE, $118.75, IS FOR ALLOWANCE.

IN ACCORDANCE WITH THE FOREGOING THE ALLOWABLE ITEMS, $84.44 AND $118.75, TOTAL $203.19. IN OUR OFFICE SETTLEMENT OF MARCH 15, 1961, YOU WERE ALLOWED $301.82, OF WHICH YOU WERE PAID $72.31, THE REMAINDER $229.51, BEING WITHHELD AND APPLIED IN LIQUIDATION OF YOUR TRAVEL ADVANCE OF $229.51.

SINCE THE TRAVEL ADVANCE EXCEEDS THE AMOUNT OF $203.19 NOW FOUND DUE, YOU ARE INDEBTED TO THE GOVERNMENT FOR BALANCE OF SUCH ADVANCE IN THE AMOUNT OF $26.32. ALSO, YOU ARE INDEBTED FOR THE AMOUNT OF $72.31 PAID BY CHECK. THE TWO ITEMS COMPRISE THE DIFFERENCE, $98.63,BETWEEN THE AMOUNT OF $301.82 ALLOWED BY OUR SETTLEMENT AND THE AMOUNT OF $203.19 NOW FOUND TO BE PROPERLY DUE. FURTHER, SINCE CREDIT MAY NOT BE ALLOWED FOR TRANSPORTATION ABOARD THE S.S. CAMBODYE PROCURED ON GOVERNMENT TRANSPORTATION REQUEST, YOU ALSO ARE INDEBTED FOR THE ITEM OF $621.25, MAKING A TOTAL OF $719.88.

THEREFORE, THAT AMOUNT SHOULD BE REMITTED TO OUR OFFICE. PAYMENT SHOULD BE IN THE FORM OF A BANK DRAFT, CERTIFIED CHECK OR POSTAL MONEY ORDERS MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," AND FORWARDED TO THE CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO CLAIM NO. Z1-683 980.

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