B-151657, NOV. 13, 1963
Highlights
WHICH WAS THE SUBJECT OF OUR DECISION OF JULY 12. THE PARTICULAR ASPECT OF THAT DECISION WHICH IS THE BASIS FOR MR. WOMACK'S REQUEST IS THE DETERMINATION CONCERNING THE DENIAL OF ANY ALLOWANCE FOR TRAVEL FROM HULL. BECAUSE THAT TRAVEL WAS PERFORMED ON A FOREIGN FLAG VESSEL. THERE HAVING BEEN NO SHOWING THAT AN AMERICAN FLAG VESSEL WAS NOT AVAILABLE FOR TRAVEL BY A USUALLY TRAVELED ROUTE BETWEEN TEHRAN AND ALBUQUERQUE. 46 U.S.C. 1241 PROVIDES IN PERTINENT PART: "ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED.
B-151657, NOV. 13, 1963
TO MR. RUFUS H. CARTER, JR.:
WE REFER TO THE LETTER DATED OCTOBER 18, 1963, FROM MR. JAMES E. WOMACK, YOUR ATTORNEY, REQUESTING OUR FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO YOUR TRAVEL FROM TEHRAN, IRAN TO ALBUQUERQUE, NEW MEXICO, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS BETWEEN OCTOBER 22, 1961, AND JANUARY 1, 1962, WHICH WAS THE SUBJECT OF OUR DECISION OF JULY 12, 1963, B-151657.
THE PARTICULAR ASPECT OF THAT DECISION WHICH IS THE BASIS FOR MR. WOMACK'S REQUEST IS THE DETERMINATION CONCERNING THE DENIAL OF ANY ALLOWANCE FOR TRAVEL FROM HULL, ENGLAND TO LONG BEACH, CALIFORNIA, BECAUSE THAT TRAVEL WAS PERFORMED ON A FOREIGN FLAG VESSEL, THERE HAVING BEEN NO SHOWING THAT AN AMERICAN FLAG VESSEL WAS NOT AVAILABLE FOR TRAVEL BY A USUALLY TRAVELED ROUTE BETWEEN TEHRAN AND ALBUQUERQUE.
SECTION 901 OF THE MERCHANT MARINE ACT, 1936, APPROVED JUNE 29, 1936, CH. 858, 49 STAT. 2015, AS AMENDED, 46 U.S.C. 1241 PROVIDES IN PERTINENT PART:
"ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY REFOR.'
WE ENCLOSE A COPY OF OUR DECISION 30 COMP. GEN. 407 WHICH APPLIED THAT PROVISION OF LAW TO THE CASE OF A NAVAL OFFICER WHO TRAVELED BY FOREIGN FLAG VESSEL OVER A CIRCUITOUS ROUTE WHEN AN AMERICAN FLAG VESSEL WAS AVAILABLE OVER THE USUALLY TRAVELED ROUTE. THE RULE OF THAT CASE, THAT PAYMENT FOR TRAVEL BY FOREIGN FLAG VESSEL IN SUCH CIRCUMSTANCE WAS NOT ALLOWABLE, HAS NOT BEEN CHANGED. WE DISCUSSED SOME OF THE REASONS FOR THAT RULE IN OUR DECISION TO YOU OF JULY 12. YOUR ATTENTION IS DIRECTED ESPECIALLY TO THE FIRST FULL PARAGRAPH OF PAGE 2 OF THAT LETTER. (COPY ENCLOSED FOR YOUR READY REFERENCE.)
IN VIEW OF THE STATUTORY PROHIBITION AGAINST TRAVEL BY A FOREIGN FLAG VESSEL THE CORPS OF ENGINEERS HAD NO AUTHORITY TO PERMIT REIMBURSEMENT FOR YOUR TRAVEL BY SUCH A VESSEL WHEN AN AMERICAN FLAG VESSEL WAS AVAILABLE OVER THE USUALLY TRAVELED ROUTE, AND ANY INTERPRETATION OF YOUR TRAVEL ORDERS WHICH WOULD PERMIT SUCH REIMBURSEMENT IS NOT LEGAL AND MAY NOT BE USED TO INCREASE THE AMOUNT OF YOUR ENTITLEMENT.