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B-140008, AUG. 19, 1959

B-140008 Aug 19, 1959
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THE RECORD SHOWS THAT YOU WERE EMPLOYED BY THE DEPARTMENT OF THE ARMY IN FRANCE AND THAT BY ORDER NO. YOUR WIFE AND TWO-YEAR OLD CHILD WERE AUTHORIZED TO TRAVEL PURSUANT TO DA CPR T3. WAS DISALLOWED BY OUR OFFICE SETTLEMENT BECAUSE OF THE FAILURE TO COMPLY WITH THE REQUIREMENT OF TRAVEL ON A VESSEL REGISTERED UNDER THE LAWS OF THE UNITED STATES. THE FACT THAT AN ADMINISTRATIVE REPORT FROM THE DEPARTMENT OF THE ARMY STATED THAT A SHIP OF UNITED STATES REGISTRY WAS AVAILABLE AT THE TIME THE TRAVEL WAS PERFORMED. YOU WERE NOT OFFERED GOVERNMENT TRANSPORTATION WHICH COULD HAVE BEEN FURNISHED UNDER THE PROVISIONS OF DA CPR T3.10-6B. YOU WERE ADVISED TO PROCURE COMMERCIAL ACCOMMODATIONS FOR YOUR DEPENDENTS SUBJECT TO REIMBURSEMENT UPON ATTAINMENT OF YOUR ELIGIBILITY FOR TRANSPORTATION AT GOVERNMENT EXPENSE.

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B-140008, AUG. 19, 1959

TO MR. JOHN D. BROWN, DAC:

YOUR LETTER OF JUNE 1, 1959, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF SEPTEMBER 30, 1958, WHICH PARTIALLY DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR DEPENDENT TRAVEL EXPENSES INCURRED BY YOUR WIFE AND CHILD FOR TRAVEL PERFORMED FROM PARIS, FRANCE, TO SILVER SPRING, MARYLAND, DURING MAY, 1956.

THE RECORD SHOWS THAT YOU WERE EMPLOYED BY THE DEPARTMENT OF THE ARMY IN FRANCE AND THAT BY ORDER NO. CV 300.4 (PARIS 3-29), DATED MARCH 19, 1956, YOUR WIFE AND TWO-YEAR OLD CHILD WERE AUTHORIZED TO TRAVEL PURSUANT TO DA CPR T3, FROM PARIS, FRANCE TO SILVER SPRING, MARYLAND, WITH DIRECTION THAT TRANSPORTATION COSTS BE AT YOUR PERSONAL EXPENSE. UPON COMPLETION OF YOUR REQUIRED PERIOD OF SERVICE IN THE OVERSEA COMMAND, THE ORDER NORMALLY WOULD CONSTITUTE AUTHORITY FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR IMMEDIATE FAMILY. YOUR DEPENDENTS TRAVELED BY RAIL FROM PARIS TO CHERBOURG, FRANCE, THEN SAILED ON THE SS QUEEN MARY, A VESSEL OF FOREIGN REGISTRY, FROM CHERBOURG TO NEW YORK, NEW YORK, AND PROCEEDED BY RAIL TO SILVER SPRING, MARYLAND. THAT PORTION OF YOUR CLAIM REPRESENTING REIMBURSEMENT FOR TRANSPORTATION EXPENSES FROM CHERBOURG TO NEW YORK, NEW YORK, WAS DISALLOWED BY OUR OFFICE SETTLEMENT BECAUSE OF THE FAILURE TO COMPLY WITH THE REQUIREMENT OF TRAVEL ON A VESSEL REGISTERED UNDER THE LAWS OF THE UNITED STATES, AND THE FACT THAT AN ADMINISTRATIVE REPORT FROM THE DEPARTMENT OF THE ARMY STATED THAT A SHIP OF UNITED STATES REGISTRY WAS AVAILABLE AT THE TIME THE TRAVEL WAS PERFORMED.

IT APPEARS THAT YOU OFFICIALLY REQUESTED GOVERNMENT TRANSPORTATION FOR YOUR DEPENDENTS FROM THE CIVILIAN PERSONNEL OFFICER, PARIS BRANCH, HEADQUARTERS, U.S. ARMY COMMUNICATIONS ZONE. BECAUSE OF MISUNDERSTANDING OF PERTINENT REGULATIONS ON THE PART OF THE VARIOUS OFFICERS OF THE SERVICING COMMAND, YOU WERE NOT OFFERED GOVERNMENT TRANSPORTATION WHICH COULD HAVE BEEN FURNISHED UNDER THE PROVISIONS OF DA CPR T3.10-6B. INSTEAD, YOU WERE ADVISED TO PROCURE COMMERCIAL ACCOMMODATIONS FOR YOUR DEPENDENTS SUBJECT TO REIMBURSEMENT UPON ATTAINMENT OF YOUR ELIGIBILITY FOR TRANSPORTATION AT GOVERNMENT EXPENSE. THE ADMINISTRATIVE REPORT INDICATES THAT YOU WERE NOT ADVISED OF ANY REQUIREMENT THAT COMMERCIAL TRAVEL BE PERFORMED ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES. YOU SAY THAT SINCE YOU ACTED IN GOOD FAITH UPON OFFICIAL INFORMATION AND INSTRUCTIONS RECEIVED FROM THE PROPER U.S. ARMY SOURCE, OUR OFFICE SHOULD ALLOW THE COST OF OCEAN PASSAGE ON AN EQUITY BASIS.

SECTION 901 OF THE MERCHANT MARINE ACT, 1936, 46 U.S.C. 1241 (A), PROVIDES THAT "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 UNLESS THE NECESSITY OF HIS OMISSION REQUIRED 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.' THAT STATUTE LEAVES LITTLE OR NO EQUITABLE JURISDICTION IN THE COMPTROLLER GENERAL.

SECTION 901 IS APPLICABLE TO TRAVEL BOTH GOING TO AND RETURNING FROM A FOREIGN COUNTRY AND ALTHOUGH THE RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE DOES NOT ACCRUE TO DEPENDENTS AS SUCH BUT TO THE EMPLOYEE CONCERNED, THE DEPENDENTS' ENTITLEMENT TO TRANSPORTATION UPON FOREIGN VESSELS MUST BE REGARDED AS BEING DETERMINED BY THE EMPLOYEE'S ENTITLEMENT THERETO. 31 COMP. GEN. 351. THE SAID SECTION REQUIRES THE USE OF AMERICAN VESSELS WHEN AVAILABLE, UNLESS THE NECESSITY OF THE EMPLOYEE'S MISSION REQUIRES USE OF A FOREIGN VESSEL. UPON THE RECORD PRESENTED IT HAS BEEN ESTABLISHED THAT VESSELS OF UNITED STATES REGISTRY WERE, IN FACT, AVAILABLE AND NO OFFICIAL MISSION WAS TO BE PERFORMED BY THE EMPLOYEE'S DEPENDENTS.

THE ULTIMATE RESPONSIBILITY FOR THE CORRECT PERFORMANCE OF OFFICIAL TRAVEL IS UPON THE TRAVELER. WHILE THE ADMINISTRATIVE OFFICIALS CONCERNED MAY HAVE ERRONEOUSLY INFORMED YOU THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE, THIS WOULD NOT JUSTIFY TRAVEL IN CONTRAVENTION OF SECTION 901 OF THE MERCHANT MARINE ACT, 1936. SEE B 96902, SEPTEMBER 21, 1950 (COPY ENCLOSED). THE PROVISIONS OF SECTION 901 ARE FOR OBSERVANCE AT ALL TIMES, AND BY ALL OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT. THE SECTION LEAVES NO CHOICE BUT TO DENY CREDIT FOR "ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR," AND IT IMPOSES UPON THE COMPTROLLER GENERAL OF THE UNITED STATES THE DUTY AND RESPONSIBILITY OF DETERMINING THE SUFFICIENCY OF THE PROOF OF THE NECESSITY FOR THE USE OF A FOREIGN VESSEL. 11 COMP. GEN. 235.

SINCE THERE IS NO BASIS IN THE RECORD PRESENTED FOR ALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR DEPENDENT TRAVEL EXPENSES INCURRED FOR TRAVEL ON A VESSEL OF FOREIGN REGISTRY, THE SETTLEMENT OF SEPTEMBER 30, 1958, IS SUSTAINED.

SHOULD YOU CARE TO SUBMIT A CERTIFICATE FROM THE UNITED STATES LINES SHOWING ITS SAILING DATES FROM LE HAVRE AT THE TIME AND WHETHER ACCOMMODATIONS FOR YOUR DEPENDENTS WERE AVAILABLE, TOGETHER WITH INFORMATION AS TO THE URGENCY OF THE TRAVEL, WE SHALL BE GLAD TO RECONSIDER YOUR CASE IN THE LIGHT OF SUCH EVIDENCE.

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