B-129816, FEB. 12, 1957

B-129816, FEB. 12, 1957

TO MR. TAY TAYLOR:

IN YOUR LETTERS DATED NOVEMBER 5, NOVEMBER 24, DECEMBER 8, 1956, AND JANUARY 7, 1957, YOU REQUEST INFORMATION RELATING TO OUR CLAIMS DIVISION SETTLEMENT DATED OCTOBER 23, 1956, IN WHICH YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES AND SALARY INCIDENT TO YOUR EMPLOYMENT BY THE DEPARTMENT OF THE NAVY AS A TEACHER IN IZMIR, TURKEY, WAS DISALLOWED. WE WILL REGARD YOUR LETTERS AS A REQUEST FOR A REVIEW OF THE SETTLEMENT.

AN EXAMINATION OF THE RECORD HERE DISCLOSES THAT IN JULY OR AUGUST 1955, THE DEPARTMENT OF THE NAVY APPOINTED YOU TO THE POSITION OF TEACHER (GENERAL) GS-7, FOR SERVICE IN THE DEPENDENTS SCHOOL AT IZMIR, TURKEY. SHORTLY AFTER YOUR ARRIVAL AT THE SCHOOL, YOU WERE NOTIFIED THAT THE ACTIVITY WOULD BE TRANSFERRED TO THE UNITED STATES AIR FORCE. THE DEPARTMENT OF THE NAVY REPORTS THAT AT THE TIME YOU WERE EMPLOYED IT WAS NOT KNOWN THAT SUCH TRANSFER WOULD BE MADE; HOWEVER, YOU WERE GIVEN AN OPPORTUNITY TO REMAIN WITH THE SCHOOL UPON ITS TRANSFER TO THE AIR FORCE. IT IS REPORTED THAT YOU WERE ASKED TO ACCEPT THE OFFER BY A GIVEN DATE, AND SINCE NO REPLY HAD BEEN RECEIVED FROM YOU BY THAT DATE, IT WAS CONSIDERED THAT YOU HAD DECLINED THE OFFER. AN EFFORT WAS MADE TO PLACE YOU IN OTHER NAVY SCHOOLS, BUT THERE WAS NO VACANCY TO WHICH YOU COULD BE TRANSFERRED. THEREFORE, UPON TRANSFER OF THE SCHOOL TO THE AIR FORCE NEAR THE END OF THE YEAR 1955 OR EARLY IN 1956, YOU WERE OFFERED RETURN TRANSPORTATION TO THE PLACE OF RECRUITMENT, CHAMBLEE, GEORGIA, AND ADVISED THAT UPON ACCEPTANCE OF SUCH TRANSPORTATION YOU WOULD HAVE NO CLAIM ON THE NAVY FOR CONTINUED EMPLOYMENT. YOUR TRAVEL ORDER DATED NOVEMBER 17, 1955, AUTHORIZED TRAVEL FOR YOURSELF AND YOUR THREE DEPENDENTS VIA GOVERNMENT AIR TRANSPORTATION DEPARTING IZMIR ON OR ABOUT JANUARY 1, 1956, TO THE PORT OF DEBARKATION IN THE UNITED STATES, AND THENCE BY COMMERCIAL TRANSPORTATION (AIRCRAFT) TO CHAMBLEE, GEORGIA. FOR PERSONAL REASONS, HOWEVER, YOU REQUESTED AND WERE GRANTED PERMISSION TO DELAY YOUR DEPARTURE. THE DEPARTMENT OF THE NAVY FURTHER REPORTS THAT WHEN YOU WERE READY TO DEPART, ABOUT JANUARY 23, 1956, YOU DECLINED TO ACCEPT THE AUTHORIZED MODE OF TRAVEL AND INSISTED THAT YOU BE ALLOWED TO TRAVEL FROM IZMIR TO NAPLES BY PRIVATELY OWNED AUTOMOBILE. THERE WAS ATTACHED TO YOUR TRAVEL ORDER A MIMEOGRAPHED, BUT UNSIGNED, SLIP PURPORTING TO MODIFY BLOCK VI OF THE ORDERS TO AUTHORIZE SUCH TRAVEL. YOU STATE THAT YOU DEPARTED FROM IZMIR ON JANUARY 23 BY PRIVATE AUTOMOBILE AND ARRIVED IN ISTANBUL ON JANUARY 26. YOU WERE UNABLE TO PROCEED BY CAR FURTHER BECAUSE OF THE BAD WEATHER AND SNOW. THEREAFTER, YOU RETURNED TO THE UNITED STATES, WITH SEVERAL DELAYS EN ROUTE, VIA ATHENS, GREECE, ROME, AND NAPLES, ITALY, AND PORT LYAUTEY, FRENCH MOROCCO. PART OF THE JOURNEY WAS MADE ON GOVERNMENT, AND PART ON COMMERCIAL VESSELS AND PLANES, THE GOVERNMENT HAVING FURNISHED TRANSPORTATION REQUESTS COVERING CERTAIN OF THE COMMERCIAL FARES. YOU SUBMITTED A CLAIM FOR (1) TRAVEL EXPENSES, INCLUDING MILEAGE FROM IZMIR TO ISTANBUL, REIMBURSEMENT FOR TRANSPORTATION EXPENSES FROM ISTANBUL TO ATHENS AND HOTEL BILLS AND TIPS IN TURKEY, GREECE, ITALY AND NEW YORK CITY; AND (2) SALARY FOR APPROXIMATELY EIGHT MONTHS FROM JANUARY 1, 1956.

WITH REGARD TO YOUR CLAIM FOR MILEAGE AND TRAVEL EXPENSES, PARAGRAPHS 9 AND 10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IN EFFECT AT THE TIME OF THE TRAVEL, SO FAR AS PERTINENT HERE, PROVIDE:

"9. ROUTING OF TRAVEL.--- ALL TRAVEL MUST BE BY A USUALLY TRAVELED ROUTE. TRAVEL BY OTHER ROUTES MAY BE ALLOWED WHEN THE OFFICIAL NECESSITY THEREFOR IS SATISFACTORILY ESTABLISHED.

"10. INDIRECT-ROUTE OR INTERRUPTED TRAVEL.--- IN CASE A PERSON FOR HIS OWN CONVENIENCE TRAVELS BY AN INDIRECT ROUTE OR INTERRUPTS TRAVEL BY DIRECT ROUTE, THE EXTRA EXPENSE WILL BE BORNE BY HIMSELF.'

THE DEPARTMENT OF THE NAVY REPORTS THAT THE REGULAR MODE OF TRAVEL FROM IZMIR, TURKEY, TO THE UNITED STATES BY GOVERNMENT AIR TRANSPORTATION, AS AUTHORIZED IN YOUR TRAVEL ORDER, WAS VIA FLEET LOGISTIC AIR WINGS PLANES AND THAT YOU COULD HAVE USED SUCH PLANES, EITHER ON JANUARY 3, 1956, OR AT THE TIME YOU ACTUALLY LEFT. WE FIND NO EVIDENCE WHATEVER IN THE RECORD TO INDICATE THAT YOU PERFORMED ANY OFFICIAL DUTIES IN ISTANBUL, ATHENS, ROME OR NAPLES, AND NO INDICATION THAT THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS FOR THE CONVENIENCE OF, OR BENEFIT TO, THE UNITED STATES GOVERNMENT. THEREFORE, WE ARE REQUIRED TO ACCEPT THE ADMINISTRATIVE DETERMINATION THAT THE AUTHORIZATION OF TRAVEL BY AUTOMOBILE WAS AT YOUR OWN REQUEST AND FOR YOUR OWN CONVENIENCE, AND NOT BECAUSE OF OFFICIAL NECESSITY. IT FOLLOWS THAT YOUR TRAVEL IN RETURNING TO THE UNITED STATES BY WAY OF ISTANBUL, ATHENS, ROME AND NAPLES MUST BE REGARDED AS INDIRECT OR CIRCUITOUS WITHIN THE MEANING OF THE REGULATIONS; HENCE YOU ARE ENTITLED TO BE REIMBURSED ONLY FOR SUCH COSTS AS WOULD HAVE BEEN INCURRED BY THE USUALLY TRAVELED ROUTE.

INASMUCH AS YOUR TRAVEL ORDERS ORIGINALLY AUTHORIZED TRAVEL BY GOVERNMENT AIRCRAFT, IT MUST BE PRESUMED THAT A DETERMINATION WAS MADE THAT SUCH MODE OF TRAVEL WOULD HAVE BEEN MOST ADVANTAGEOUS TO THE GOVERNMENT. HENCE, YOU MAY BE REIMBURSED FOR YOUR TRAVEL EXPENSES IN AN AMOUNT NOT TO EXCEED THE COST OF DIRECT TRAVEL BY GOVERNMENT AIRCRAFT. IN ACCORDANCE WITH THE FOREGOING, AND FROM SCHEDULES AND TARIFFS ON FILE IN THIS OFFICE, IT APPEARS THAT YOU MAY PROPERLY BE REIMBURSED ON THE FOLLOWING BASIS:

TABLE

AUTHORIZED TRANSPORTATION (GOVERNMENT AIRCRAFT, IZMIR, TURKEY TO PORT OF DEBARKATION, CONUS (NEW YORK, N.Y.), 3 FARES AT $598 $1,794.00

PER DIEM AND EXPENSES (PRESUMABLY TAXICAB) ESTIMATED BY THE DEPARTMENT OF THE NAVY TO BE REQUIRED FOR THE TRIP FROM IZMIR TO ATLANTA IF THE AUTHORIZED MODE OF TRAVEL HAD BEEN USED.

55.00

TOTAL ALLOWABLE TRAVEL EXPENSES $1,849.00

LESS COST OF TRANSPORTATION FURNISHED: ATHENS, GREECE TO ROME, ITALY, COMMERCIAL AIRCRAFT. (2 FULL FARES AND 2 HALF-FARES AT $106.70) $320.10 ROME TO NAPLES, ITALY, COMMERCIAL RAIL. (2 FULL FARES AND 1 HALF-FARE AT $5.11) 12.78 NAPLES TO PORT LYAUTEY, FRENCH MOROCCO. GOVERNMENT AIRCRAFT. (3FARES AT $185) 555.00 PORT LYAUTEY TO CASABLANCA, FRENCH MOROCCO. GOVERNMENT BUS. APPARENTLY NO CHARGE CASABLANCA TO NEW YORK. MSTS VESSEL. (3 FARES AT $208.68) 626.04

------- TOTAL COST OF TRANSPORTATION FURNISHED

$1,513.92

AMOUNT PROPERLY REIMBURSABLE $ 335.08

AMOUNT ALREADY PAID, VOUCHER NO. 179, ACCOUNTS OF D. N. COBA, NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., APRIL 4, 1956 196.58

------- ADDITIONAL TRAVEL EXPENSES PROPERLY ALLOWABLE

$138.50

THE SETTLEMENT OF OCTOBER 23, 1956, IS HEREBY MODIFIED TO THAT EXTENT; HOWEVER, WE ARE REQUIRED TO WITHHOLD FROM THE INDICATED SUM THE AMOUNT OF YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES FOR EXCESS COSTS INCURRED INCIDENT TO THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS. UNDER PARAGRAPH 5, AS AMENDED, OF YOUR EMPLOYMENT AGREEMENT, YOU WERE AUTHORIZED TO TRANSPORT YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS TO YOUR OVERSEAS STATION WITHIN THE MAXIMUM WEIGHT ALLOWANCE. UNDERSECTION 17, EXECUTIVE ORDER 9805, NOVEMBER 25, 1946, AS AMENDED, AND APPLICABLE REGULATIONS IN FORCE AT THE TIME OF SHIPMENT, THE MAXIMUM WEIGHT ALLOWANCE, WHEN EFFECTS ARE PACKED OR CRATED FOR SHIPMENT, FOR EMPLOYEES WHO HAVE AN IMMEDIATE FAMILY AND WHO SHIP THEIR EFFECTS BY VESSEL OVER ALL OR PART OF THE ROUTE OR BY RAIL OR MOTOR CARRIER REQUIRING PACKING AND CRATING, IS 8,750 POUNDS. HOWEVER, YOU SHIPPED A TOTAL OF 9,951 POUNDS, OR AN EXCESS WEIGHT OF 1,201 POUNDS. THE TRANSPORTATION OF THIS EXCESS WEIGHT RESULTED IN ADDITIONAL COST TO THE GOVERNMENT OF $142.76. IN ADDITION, ON YOUR RETURN TO THE UNITED STATES YOU SHIPPED YOUR EFFECTS TO MACON, GEORGIA, RATHER THAN TO THE AUTHORIZED POINT, CHAMBLEE, GEORGIA, RESULTING IN ADDITIONAL COST TO THE GOVERNMENT OF $6.90, MAKING A TOTAL EXCESS COST OF $149.66, FOR WHICH YOU MUST BE HELD PERSONALLY RESPONSIBLE. OF THAT AMOUNT $12.48 HAS ALREADY BEEN LIQUIDATED, LEAVING A BALANCE OF $137.18. AFTER DEDUCTION OF THAT AMOUNT FROM THE ADDITIONAL AMOUNT OF $138.50 HEREIN FOUND TO BE DUE, YOU ARE ENTITLED TO PAYMENT OF THE REMAINING $1.32, AND SETTLEMENT IN YOUR FAVOR FOR THAT AMOUNT WILL BE ISSUED IN DUE COURSE, IF OTHERWISE PROPER.

WITH REGARD TO YOUR CLAIM FOR ADDITIONAL SALARY, YOUR ATTENTION IS INVITED TO PARAGRAPH 6 OF YOUR EMPLOYMENT AGREEMENT, WHICH PROVIDED, IN PERTINENT PART:

"CONDITIONS OF EMPLOYMENT:--- YOUR APPOINTMENT OR TRANSFER TO THE POSITION AND AT THE RATE OF PAY SHOWN IN BLOCK II IS APPROVED WITH THE UNDERSTANDING THAT YOU WILL SERVE AT YOUR DUTY STATION FOR THE PERIOD OF TIME INDICATED IN BLOCK IV STARTING ON THE EFFECTIVE DATE OF YOUR APPOINTMENT OR TRANSFER, OR SUCH PORTION THEREOF AS YOUR SERVICES ARE NEEDED * * *.'

AS YOU WILL NOTE FROM THE UNDERSCORED LANGUAGE OF THE QUOTED PORTION OF THE AGREEMENT, THE DEPARTMENT OF THE NAVY DID NOT ASSUME ANY OBLIGATION TO PROVIDE YOU WITH EMPLOYMENT FOR ANY SPECIFIED PERIOD OF TIME, BUT MERELY AGREED TO FURNISH YOU EMPLOYMENT FOR SUCH TIME AS YOUR SERVICES WERE NEEDED. UPON TRANSFER OF THE DEPENDENTS' SCHOOL TO THE AIR FORCE, THE DEPARTMENT OF THE NAVY NO LONGER HAD NEED FOR YOUR SERVICES. THE ADMINISTRATIVE OFFICES HAVE BEEN UNABLE TO LOCATE A COPY OF THE DOCUMENT BY WHICH THE DEPARTMENT OF THE AIR FORCE OFFERED YOU EMPLOYMENT AND WE ARE THEREFORE UNABLE TO FURNISH YOU A COPY, AS REQUESTED. HOWEVER, THE AIR FORCE WAS NEITHER OBLIGED TO OFFER YOU EMPLOYMENT, EVEN THOUGH IT MAY HAVE CHOSEN TO DO SO, NOR REQUIRED TO GIVE YOU AN APPOINTMENT, EVEN IF YOU HAD COMMUNICATED YOUR DESIRE TO ACCEPT IT IN THE MANNER AND BY THE DATE INDICATED. THUS, IT IS NOT MATERIAL WHETHER YOU COMMUNICATED YOUR WILLINGNESS TO ACCEPT AN APPOINTMENT TO THE AIR FORCE SCHOOL; YOU WERE IN FACT NOT APPOINTED. IT APPEARS THEREFORE THAT YOUR SEPARATION FROM SERVICE BY THE NAVY DEPARTMENT WAS ENTIRELY PROPER AND NO SALARY IS DUE YOU FOR PERIODS SUBSEQUENT TO THE TIME WHEN YOU WOULD HAVE RETURNED TO THE PLACE OF YOUR APPOINTMENT HAD YOU TRAVELED BY THE MOST DIRECT ROUTE UNLESS COVERED BY AUTHORIZED LEAVE WITH PAY. ACCORDINGLY, WITH REGARD TO YOUR CLAIM FOR COMPENSATION, THE SETTLEMENT OF OCTOBER 23, 1956, APPEARS CORRECT AND IS HEREBY AFFIRMED.

THE LETTER DATED DECEMBER 20, 1956, TO YOU FROM THE ISTANBUL HILTON HOTEL IS RETURNED AS REQUESTED BY YOU.