B-155250, OCT. 12, 1964

B-155250, OCT. 12, 1964

TO MR. JAMES R. MILLER:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 8, 1964, WITH ENCLOSURES, REQUESTING THAT WE RECONSIDER YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES ALLEGED TO BE DUE INCIDENT TO TRAVEL PERFORMED BETWEEN SAIGON, VIETNAM, AND BOISE, IDAHO, AND RETURN.

UNDER TRAVEL ORDER DATED JUNE 20, 1961, AS AMENDED, YOU WERE AUTHORIZED TO TRAVEL FROM SAIGON, VIETNAM, TO BOISE, IDAHO, FOR THE PURPOSE OF TAKING HOME LEAVE WITH OFFICIAL STOPOVER IN WASHINGTON, D.C., FOR CONSULTATION, AND RETURN TO SAIGON, VIETNAM. YOU TRAVELED BY AN INDIRECT ROUTE, RETURNING TO THE UNITED STATES BY WAY OF SEVERAL EUROPEAN COUNTRIES. YOU ARE NOW CLAIMING $179 ADDITIONAL AMOUNT REPRESENTING COST OF TRAVEL OF YOURSELF AND DEPENDENTS FROM BEIRUT, LEBANON, TO SOUTHAMPTON, ENGLAND, WHICH YOU SAY WAS ADMINISTRATIVELY DISALLOWED.

IT IS NOTED IN YOUR CLAIM OF $179, $63.60 OF THIS AMOUNT REPRESENTS TRAVEL BY AUTOMOBILE OF A DISTANCE OF 530 MILES OR 12 CENTS PER MILE. PARAGRAPH 14 OF THE TRAVEL AUTHORIZATION AUTHORIZES TRAVEL BY PRIVATELY- OWNED AUTOMOBILE AT 8 CENTS PER MILE. THIS WOULD LIMIT THAT PART OF YOUR CLAIM TO $42.40 OR THE TOTAL OF YOUR CLAIM TO $157.80.

IN YOUR LETTER YOU SAY THAT IN COMPUTING THE TRANSPORTATION EXPENSES EACH ELEMENT OF TRANSPORTATION EXPENSE (TRANSPORTATION, PER DIEM, INCIDENTAL EXPENSES, ET.) IS TO BE CONSIDERED SEPARATELY AND REFER TO PARAGRAPH 2F OF USOM ADMINISTRATIVE NOTICE (SAIGON, VIETNAM) NO. 61-51, DATED JUNE 13, 1961.

SECTION XI, PARAGRAPH B OF ICA MANUAL 560 OF REGULATIONS GOVERNING THE OFFICIAL TRAVEL OF INTERNATIONAL COOPERATION ADMINISTRATION EMPLOYEES ASSIGNED TO MISSIONS ABROAD, IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED, PROVIDES IN PART AS FOLLOWS:

"AN EMPLOYEE AND HIS FAMILY MAY ELECT * * * TO PERFORM TRAVEL OR TO INCUR EXPENSES FOR TRAVEL AND TRANSPORTATION BY DEVIATION FROM USUALLY TRAVELED ROUTES * * * BETWEEN PLACES OTHER THAN THOSE SPECIFIED IN THE TRAVEL AUTHORIZATION. HOWEVER, IN SUCH EVENT, ONLY THE FOLLOWING EXPENSES ARE ALLOWED:

"1. THE ACTUAL TRAVEL AND TRANSPORTATION EXPENSES INCURRED AND PER DIEM FOR EACH AUTHORIZED TRAVELER, NOT TO EXCEED THE CONSTRUCTIVE COST OF TRAVEL BETWEEN THE POINTS SPECIFIED IN THE TRAVEL AUTHORIZATION.'

ALSO, PARAGRAPH A2 OF SECTION XI PERTAINING TO REIMBURSEMENT OF EXPENSES DUE TO DEVIATIONS FROM A DIRECT ROUTE PROVIDES IN PART AS FOLLOWS:

"IN CASE OF EXCESS COSTS RESULTING FROM INTERRUPTION OF TRAVEL OR DEVIATION FROM USUALLY TRAVELED ROUTES FOR PERSONAL CONVENIENCE OF THE TRAVELER, ONLY THE CONSTRUCTIVE COST * * * OF THE AUTHORIZED TRAVEL IS ALLOWED. * * * THE TOTAL COST (PER DIEM, TRAVEL COSTS, INCLUDING BERTHS, TRANSPORTATION, AND INCIDENTAL EXPENSES) ALLOWABLE WILL IN NOCASE EXCEED ALLOWABLE EXPENSES ACTUALLY INCURRED.'

WHILE WE ARE NOT AWARE OF THE AUTHORITY FOR THE ACTING EXECUTIVE OFFICER TO ISSUE ADMINISTRATIVE NOTICE NO. 61-51, NOR WILL WE ATTEMPT TO INTERPRET PARAGRAPH F, WE ARE OF THE OPINION THAT ICA MANUAL 560 QUOTED ABOVE WOULD BE CONTROLLING IN YOUR CASE. UNDER THE ABOVE-QUOTED SECTIONS IN COMPUTING YOUR ACTUAL AND CONSTRUCTIVE COSTS THERE WOULD BE FOR CONSIDERATION THE TOTAL OVERALL COSTS, SUCH AS TRANSPORTATION, PER DIEM AND INCIDENTAL EXPENSES.

WE HAVE NOW DETERMINED THAT THE ADDITIONAL AMOUNT CLAIMED AS REDUCED TO $157.80, AS PREVIOUSLY INDICATED, IS WITHIN THE TOTAL CONSTRUCTIVE COST. THEREFORE, A SETTLEMENT WILL BE ISSUED IN YOUR FAVOR FOR THE $157.80, IN DUE COURSE.