B-152161, AUG. 27, 1963
Highlights
YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 11. YOU AND YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL FROM PARIS TO WASHINGTON. YOU WERE AUTHORIZED TO USE AN INDIRECT ROUTE AND TO DEPART THE CONTINENT FROM ITALY BECAUSE OF A TEMPORARY DUTY ASSIGNMENT IN ITALY. YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL ONLY FROM PARIS TO WASHINGTON. FLAG VESSELS WAS UNAVAILABLE BECAUSE OF A MARITIME STRIKE. IN THE SETTLEMENT OF YOUR CLAIM THE UNAVAILABILITY OF AMERICAN FLAG VESSELS WAS NOT A CONTROLLING FACTOR. THE DISALLOWANCE WAS BASED UPON THE FACT THAT YOUR DEPENDENTS ACCOMPANIED YOU ON AN INDIRECT ROUTE CONTRARY TO THE AUTHORITY GRANTED BY YOUR TRAVEL ORDERS. EXCEPT WHEN THE ADDITIONAL COST OF TRAVELING BY SUCH ROUTE WAS BORNE BY THE EMPLOYEE.
B-152161, AUG. 27, 1963
TO MR. ROBERT B. MEYERSBURG:
THIS REFERS TO YOUR REGISTERED LETTER NO. 105679, DATED JULY 22, 1963, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM AS AN EMPLOYEE OF THE FEDERAL AVIATION AGENCY FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE IN CONNECTION WITH YOUR DEPENDENTS TRAVEL IN JULY 1961 FROM PARIS, FRANCE TO WASHINGTON, D.C. YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 11, 1963.
THE RECORD DISCLOSES THAT PURSUANT TO FEDERAL AVIATION AGENCY TRAVEL ORDER NO. 8069, DATED MAY 23, 1961, AS AMENDED, YOU AND YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL FROM PARIS TO WASHINGTON, IN CONNECTION WITH A CHANGE OF STATION. YOU WERE AUTHORIZED TO USE AN INDIRECT ROUTE AND TO DEPART THE CONTINENT FROM ITALY BECAUSE OF A TEMPORARY DUTY ASSIGNMENT IN ITALY. YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL ONLY FROM PARIS TO WASHINGTON, D.C. HOWEVER, YOUR FAMILY ACCOMPANIED YOU TO ITALY AND RETURNED TO THE UNITED STATES WITH YOU BY THE INDIRECT ROUTE.
IN YOUR LETTER OF JULY 22, YOU SAY THAT OUR OFFICE SETTLEMENT OF APRIL 11, 1963, FAILED TO CONSIDER THE SALIENT POINT IN YOUR CASE, VIZ., THAT TRANSPORTATION ABOARD U.S. FLAG VESSELS WAS UNAVAILABLE BECAUSE OF A MARITIME STRIKE. THE MARITIME STRIKE TO WHICH YOU REFER BEGAN ON JUNE 16, 1961, AND ENDED JULY 4, 1961. DURING THAT PERIOD WE DID NOT CONSIDER AMERICAN FLAG VESSELS TO BE AVAILABLE WITHIN THE PURVIEW OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 46 U.S.C. 1241 (A), WHICH REQUIRES OFFICERS AND EMPLOYEES OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS TO TRAVEL ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES. THEREFORE, IN THE SETTLEMENT OF YOUR CLAIM THE UNAVAILABILITY OF AMERICAN FLAG VESSELS WAS NOT A CONTROLLING FACTOR. RATHER, THE DISALLOWANCE WAS BASED UPON THE FACT THAT YOUR DEPENDENTS ACCOMPANIED YOU ON AN INDIRECT ROUTE CONTRARY TO THE AUTHORITY GRANTED BY YOUR TRAVEL ORDERS. AT THE TIME OF THE TRAVEL THE APPLICABLE REGULATIONS DID NOT AUTHORIZE DEPENDENTS TO USE AN INDIRECT ROUTE, EXCEPT WHEN THE ADDITIONAL COST OF TRAVELING BY SUCH ROUTE WAS BORNE BY THE EMPLOYEE. SEE I FOREIGN SERVICE MANUAL III 131.2, 137.23, 180 FSTR 1.2R AND 3.5. ALSO, SEE I FOREIGN SERVICE MANUAL III 137.21. THE MOST DIRECT AND USUALLY TRAVELED ROUTE FOR THE TRAVEL AUTHORIZED FOR YOUR DEPENDENTS WOULD HAVE BEEN VIA LE HAVRE, FRANCE. THEREFORE, YOUR REIMBURSABLE EXPENSE IN REGARD TO YOUR DEPENDENTS WAS LIMITED TO THAT WHICH WOULD HAVE BEEN INCURRED BY YOU, HAD THEY TRAVELED FROM PARIS TO LE HAVRE AND THENCE BY FRENCH LINE SURFACE TRANSPORTATION TO WASHINGTON VIA NEW YORK.
SINCE YOU HAVE BEEN REIMBURSED THE COST OF CONSTRUCTIVE TRAVEL OF YOUR DEPENDENTS BY THE DIRECT AND USUALLY TRAVELED ROUTE FROM PARIS TO WASHINGTON, AN ADDITIONAL AMOUNT IS NOT DUE YOU AND WE MUST SUSTAIN THE PRIOR ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF APRIL 11, 1963.
CONCERNING YOUR REQUEST FOR AN APPOINTMENT TO DISCUSS THE MATTER, IT MAY BE STATED THAT ANY ACTION TAKEN BY OUR OFFICE IS BASED ON THE WRITTEN RECORD BEFORE US. HOWEVER, YOU MAY CALL AT OUR OFFICE AT ANY TIME BETWEEN THE HOURS OF 9:00 A.M. AND 4:00 P.M., MONDAY THROUGH FRIDAY, TO DISCUSS THE CASE IF YOU SO DESIRE.