B-142588, JUN. 3, 1960

B-142588, JUN. 3, 1960

TO STAFF SERGEANT STANLEY L. PILLION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1960, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION AT PERSONAL EXPENSE OF YOUR DEPENDENT WIFE VIA AIRCRAFT OF FOREIGN REGISTRY FROM VANDRUP, DENMARK, TO NEW YORK, NEW YORK, INCIDENT ORDERS OF SEPTEMBER 21, 1955.

BY SETTLEMENT DATED FEBRUARY 26, 1957, YOU WERE ADVISED THAT THE REGULATIONS IN EFFECT DURING THE PERIOD OF YOUR CLAIM PROVIDE THAT WHEN COMMERCIAL TRANSPORTATION FROM POINTS OUTSIDE THE UNITED STATES IS REQUIRED, OR AUTHORIZED, IT WILL BE VIA A SHIP OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES UNLESS COMPETENT EVIDENCE IS FURNISHED THAT SUCH TRANSPORTATION IS NOT AVAILABLE. YOU WERE ALSO ADVISED THAT SINCE OUR RECORDS SHOWED THAT TRANSPORTATION WAS AVAILABLE VIA AIRCRAFT OF THE UNITED STATES REGISTRY FOR YOUR WIFE'S TRAVEL FROM DENMARK TO NEW YORK THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. IN YOUR LETTER OF MARCH 23, 1960, YOU URGE THAT YOUR CLAIM BE ALLOWED ON THE BASIS THAT YOUR DEPENDENT WIFE WAS DENIED GOVERNMENT TRANSPORTATION; THAT IT WAS NECESSARY FOR HER TO TRAVEL TO THE UNITED STATES PRIOR TO THE EXPIRATION DATE OF HER VISA; AND THAT YOU HAD NO KNOWLEDGE THAT TRAVEL WAS REQUIRED VIA A SHIP OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES.

THE REGULATIONS REFERRED TO IN THE SETTLEMENT OF FEBRUARY 26, 1957, WITH RESPECT TO COMMERCIAL TRANSPORTATION FROM POINTS OUTSIDE THE UNITED STATES VIA A SHIP OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES IS CONTAINED IN PARAGRAPH 2150, CHANGE 22, DATED APRIL 1, 1954. THE REGULATION IS AS FOLLOWS:

"UNLESS OTHERWISE AUTHORIZED OR RESTRICTED BY LAW, WHEN COMMERCIAL TRANSPORTATION TO OR FROM POINTS OUTSIDE THE UNITED STATES IS REQUIRED AND AUTHORIZED, IT WILL BE SECURED VIA A SHIP OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES UNLESS COMPETENT EVIDENCE IS FURNISHED THAT SUCH IS NOT AVAILABLE. INCONVENIENCE IN SECURING SUCH TRANSPORTATION, CIRCUITOUS ROUTES FOR THE CONVENIENCE OF THE TRAVELER, SHORT DELAYS AWAITING SUCH TRANSPORTATION, OR OTHER SUCH REASONS WILL NOT BE ACCEPTED AS SUFFICIENT JUSTIFICATION FOR USE OF SHIPS OR AIRCRAFT OF FOREIGN REGISTRY. WHEN THE USE OF SUCH CARRIERS OF FOREIGN REGISTRY IS REQUIRED TO ACCOMPLISH A MISSION, THE ORDER DIRECTING THE TRAVEL WILL SO STATE.'

PARAGRAPH 5 OF AR 55-117, JANUARY 23, 1956, IS TO THE SAME EFFECT.

THE FACT THAT YOU WERE NOT INFORMED AS TO THE REQUIREMENTS OF THE REGULATIONS AS TO TRAVEL VIA A SHIP OR AIRCRAFT OF UNITED STATES REGISTRY MAY NOT BE CONSIDERED AS AUTHORIZING THE ALLOWANCE OF YOUR CLAIM, SINCE EVERYONE IS CHARGEABLE WITH NOTICE AS TO THE EXISTENCE OF PUBLIC LAWS AND REGULATIONS. IN VIEW OF THE CITED PROVISIONS OF THE JOINT TRAVEL AND ARMY REGULATIONS, AND SINCE TRANSPORTATION WAS AVAILABLE BY AIRCRAFT OF UNITED STATES REGISTRY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 26, 1957, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.

RESPECTING YOUR INQUIRY AS TO ANY FURTHER APPEAL BY YOU, AND THE EXPIRATION DATE FOR SUCH APPEAL, YOUR ATTENTION IS INVITED TO 31 U.S.C. 71, WHICH PROVIDES THAT ALL CLAIMS AND DEMANDS BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. NO APPEAL HAS BEEN PROVIDED FROM THE DECISIONS OF OUR OFFICE. SEE 31 U.S.C. 74. WHILE CERTAIN CLAIMS MAY BE MADE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS, SUCH SUITS, IF FILED, MUST BE COMMENCED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUED. 28 U.S.C. 2501.