B-132759, DEC. 2, 1957

B-132759, DEC. 2, 1957

TO MR. LEROY W. BERG, WEATHER BUREAU AIRPORT STATION:

YOUR LETTER OF JULY 21, 1957, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF JULY 2, 1957, WHEREIN IT WAS DETERMINED THAT TOTAL EXCESS COSTS OF TRAVEL PERFORMED BY YOU PURSUANT TO TRAVEL ORDER NO. 1985 BETWEEN JUNE 5 AND JULY 31, 1956, WAS $119.76. YOU SAY THAT UNDER YOUR ORDERS YOU WERE "UNABLE TO TRAVEL ON A MONDAY THROUGH THURSDAY" AND, THEREFORE, BECAUSE OF NON-AVAILABILITY OF FAMILY PLAN RATE FROM FRIDAY THROUGH SUNDAY IN CONNECTION WITH AUTHORIZED RAIL TRAVEL THE REGULAR FARE ROUND TRIP RATE SHOULD BE ALLOWED. YOU OFFER COMPUTATION PURPORTING TO SHOW THAT THE TOTAL EXCESS COSTS ARE IN THE AMOUNT OF $9.46. LETTER FROM NORTHERN PACIFIC RAILWAY COMPANY DATED JULY 16, 1957, CONTAINING INFORMATION AS TO THE NON-AVAILABILITY OF FAMILY PLAN RATES FOR TRAVEL BEGINNING FRIDAY THROUGH SUNDAY IS FURNISHED IN SUPPORT OF YOUR CONTENTION.

AS YOU WERE ADVISED IN THE SETTLEMENT OF JULY 2, 1957, TRAVEL ORDER NO. 1985, AUTHORIZED THE TRANSPORTATION OF YOURSELF AND 3 DEPENDENTS (WIFE AND 2 CHILDREN) FROM YAKUTAT, ALASKA, TO PEMBINA, NORTH DAKOTA, AND RETURN TO YAKUTAT, ALASKA. THE ORDER PROVIDED FOR TRAVEL TO THE UNITED STATES BY AIR, RAIL THEREON OR BY PRIVATELY OWNED AUTOMOBILE AT $0.07 PER MILE AT NOT TO EXCEED THE COST BY COMMON CARRIER. TRAVEL WAS AUTHORIZED TO BEGIN ON OR ABOUT JUNE 6, 1956, AND TO END ON OR ABOUT JULY 31, 1956. YOU ELECTED TO TRAVEL VIA PACIFIC NORTHERN AIRLINES FROM VANCOUVER TO WINNIPEG RATHER THAN BY RAIL OR PRIVATE AUTOMOBILE IN THE UNITED STATES VIA THE USUALLY TRAVELED ROUTE, AS AUTHORIZED. COST ALLOWABLE FOR THE AUTHORIZED TRAVEL WAS EXCEEDED BY $119.76. THIS WAS ESTABLISHED BY COMPARISON WITH THE COST BY CONSTRUCTIVE RAIL TRAVEL DETERMINED FROM FARES ON FILE IN THIS OFFICE.

WHEN AN EMPLOYEE PERFORMS TRAVEL VIA AN INDIRECT ROUTE FOR HIS PERSONAL CONVENIENCE, REIMBURSEMENT FOR EXPENSES WILL BE BASED ONLY ON THE AMOUNT THAT WOULD HAVE BEEN EXPENDED FOR TRAVEL BY A USUALLY TRAVELED ROUTE.

SECTION 3.9 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES---

SPECIAL TICKETS.--- THROUGH FARES, SPECIAL FARES, COMMUTATION FARES, EXCURSION, AND REDUCED-RATE ROUND-TRIP FARES SHOULD BE UTILIZED FOR OFFICIAL TRAVEL WHEN IT CAN BE DETERMINED PRIOR TO THE START OF A TRIP THAT ANY SUCH TYPE OF SERVICE IS PRACTICAL AND ECONOMICAL TO THE GOVERNMENT * * *. THE APPLICATION OF THIS SECTION MUST BE UPON THE FACTS OF THE PARTICULAR CASE.

THE RECORD DISCLOSES THAT YOUR PERIOD BEGAN AND ENDED ON TUESDAY. THE CLAIM SUBMITTED HERE AND SIGNED BY YOURSELF SHOWS THAT THE ENTIRE GOING TRIP WAS PERFORMED ON JUNE 5TH TO 6TH INCLUSIVE, 1956, WHICH DATES FELL UPON TUESDAY AND WEDNESDAY. FURTHER, THE SAME RECORD DISCLOSES THAT THE RETURN-TRIP BEGAN ON THURSDAY, JULY 26, 1956, ALTHOUGH THIS IS NOT MATERIAL TO THE ISSUE SINCE WE UNDERSTAND THAT THE RETURN TRIP MAY BEGIN ON ANY DAY UNDER A ROUND-TRIP FAMILY PLAN RATE. THUS, THE RECORD DISCLOSES THAT BOTH GOING AND RETURN TRIPS FOR THE ROUTE ACTUALLY COMMENCED ON DAYS OF THE WEEK WHEREON FAMILY PLAN RATE WOULD HAVE BEEN AVAILABLE IF THE USUALLY TRAVELED ROUTE AND AUTHORIZED MODE OF TRANSPORTATION HAD BEEN UTILIZED. ALSO, THE CONSTRUCTIVE TRAVEL FOR THE OUTGOING TRIP AS SET FORTH IN OUR SETTLEMENT, RETURNED HEREWITH, COMMENCED ON TUESDAY, JUNE 5.

THEREFORE, ON THE PRESENT RECORD, OUR SETTLEMENT OF JULY 2, 1957, IS SUSTAINED.