B-167933, NOV. 13, 1969

B-167933, NOV. 13, 1969

FOREIGN SERVICE--TRAVEL EXPENSES--CIRCUITOUS ROUTES--PERSONAL CONVENIENCE FOREIGN SERVICE RESERVE OFFICER'S CLAIM FOR $157.62 DEDUCTED FROM $427.69 ALLOWED HIM FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED IN CONNECTION WITH HIS RETURN TO UNITED STATES FROM CONAKRY, GUINEA, WEST AFRICA, REPRESENTING EXCESS COSTS OF TRANSPORTATION FURNISHED BY CIRCUITOUS ROUTE IS DENIED, BECAUSE GOVERNMENT PAID OUT $1,684.32 ON GOVERNMENT TRAVEL REQUESTS FOR TRANSPORTATION OF CLAIMANT AND FAMILY, AND SINCE HE WAS ONLY ENTITLED TO TOTAL TRANSPORTATION COSTS OF $1,526.70, FOR TRAVEL BY USUALLY TRAVELED ROUTE IN ACCORDANCE WITH PROVISIONS OF 6 FAM 131.2 AND 6 FAM 134.2, EXCESS COSTS OF $157.62 WERE SET OFF AGAINST $427.69 FOUND DUE CLAIMANT, LEAVING BALANCE OF $270.07 WHICH WAS PAID IN FULL SETTLEMENT OF CLAIM.

TO MR. CECIL V. ALBERTSEN:

YOUR LETTER OF SEPTEMBER 10, 1969, POINTS OUT THAT YOU RECEIVED OUR SETTLEMENT OF JULY 24, 1969, ALLOWING REIMBURSEMENT IN THE AMOUNT OF $427.69 FOR TRAVEL EXPENSES INCURRED IN JUNE-AUGUST 1968 IN CONNECTION WITH YOUR RETURN TO THE UNITED STATES -- WASHINGTON, D.C. -- FROM CONAKRY, GUINEA, WEST AFRICA, AS A FOREIGN SERVICE RESERVE OFFICER, UNITED STATES DEPARTMENT OF STATE. YOU TAKE ISSUE WITH OUR DEDUCTING THE SUM OF $157.62 FROM THE FOREGOING AMOUNT REPRESENTING EXCESS COSTS OF TRANSPORTATION FURNISHED BY A CIRCUITOUS ROUTE POINTING OUT THAT YOU HAVE BEEN ADVISED BY PAN AMERICAN AIRWAYS THAT THE ONE-WAY FARE FROM CONAKRY TO WASHINGTON WAS $413.70; BY AIR FRANCE THAT SUCH FARE WAS $425.70, AND THAT THE DIFFERENCE OF $12 PER PERSON, OR $36, WAS ABSORBED BY UTA -- UNION DE TRANSPORTS AERIENS -- (A SUBSIDIARY OF AIR FRANCE) AND NOT CHARGED TO EITHER YOU OR THE DEPARTMENT OF STATE. THUS, YOU CONCLUDE THERE WAS NO EXCESS COSTS OF TRANSPORTATION INVOLVED AND, THEREFORE, THE SUM OF $157.62 SHOULD NOT HAVE BEEN WITHHELD. YOU REQUEST THAT WE REVIEW THE MATTER.

THE RECORD SHOWS THAT THE GOVERNMENT PAID OUT ON GOVERNMENT TRAVEL REQUESTS COVERING YOURSELF, YOUR WIFE AND SON, BOTH WITH YOU AT CONAKRY, THE AMOUNT OF $1,390.92 AND FOR YOUR SON IN SPAIN THE AMOUNT OF $293.40 FOR A TOTAL OF $1,684.32 REPRESENTING TRANSPORTATION COSTS FOR THE FOUR OF YOU.

6 FAM 131.2 REQUIRES THAT ALL TRAVEL MUST BE BY A USUALLY TRAVELED ROUTE. 6 FAM 134.2 APPLICABLE WHEN AMERICAN-FLAG AIRLINES DO NOT PROVIDE SERVICE, READS, SO FAR AS DIRECT TRAVEL IS CONCERNED, PARAGRAPH 2-1, IN PERTINENT PART, AS FOLLOWS: "A FOREIGN-FLAG AIRLINE MAY BE USED WHEN AN AMERICAN-FLAG AIRLINE DOES NOT SERVICE THE AUTHORIZED POINTS OF ORIGIN * * * IN WHICH CASE: "A. A FOREIGN-FLAG AIRLINE MAY BE USED TO THE NEAREST PRACTICABLE INTERCHANGE POINT ON A USUALLY TRAVELED ROUTE FROM WHICH AN AMERICAN-FLAG AIRLINE PROVIDES SERVICE TO COMPLETE THE JOURNEY * * *" THE PART OF THE FOREGOING SECTION DEALING WITH INDIRECT TRAVEL, PARAGRAPH 2-2 PROVIDES, IN PERTINENT PART, AS FOLLOWS: "* * * FOR AUDIT PURPOSES, THE PUBLISHED AIRLINE FARES FOR THE FOREIGN CARRIER SEGMENTS ON THE DIRECT ROUTE AND ON THE INDIRECT ROUTE ACTUALLY TRAVELED WILL SERVE AS THE BASIS FOR COMPARISION.' IN VIEW THEREOF WE ASCERTAINED OFFICIALLY THAT SERVICE EXISTED FROM CONAKRY TO DAKAR, BY FOREIGN-FLAG AIRLINE, THENCE DIRECT TO WASHINGTON, D.C., BY AMERICAN FLAG AIRLINE, AND THAT THE FARE WAS $411.10 PER PERSON. FOR THE THREE OF YOU WHO TRAVELED FROM CONAKRY THE TOTAL FARE AMOUNTED TO $1,233.30. YOUR SON WHO TRAVELED FROM MADRID TO WASHINGTON, D.C., WAS CARRIED FOR A FARE OF $293.40 MAKING A TOTAL OF $1,526.70 ALLOWABLE FOR TRANSPORTATION COSTS FOR THE FOUR OF YOU.

FURTHER THE RECORD SHOWS THAT OTHER TRAVEL EXPENSES TOTALING $268.69 REPRESENTING TAXI FARE AT WASHINGTON, D.C., $9; AIR FREIGHT, LAS PALMAS, SPAIN TO NEW YORK, $82.87; AIRPORT TAX AT CONAKRY, $12.17; AIR FREIGHT, NEW YORK TO WASHINGTON, $14.38; DELIVERY THEREOF IN WASHINGTON, $3.85 AND AIR FARE FOR YOUR OTHER SON FROM HONOLULU, HAWAII, TO WASHINGTON, D.C., $146.42.

BECAUSE YOU WERE ONLY ENTITLED TO THE CONSTRUCTIVE COSTS OF THE TRAVEL DIRECT FROM CONAKRY TO WASHINGTON, D.C., PER DIEM WAS REQUIRED TO BE COMPUTED FOR YOURSELF, YOUR WIFE AND SON TRAVELING FROM CONAKRY VIA DAKAR TO WASHINGTON, D.C. THE SCHEDULE SHOWS THAT YOU COULD LEAVE CONAKRY AT 0:10 A.M. JUNE 11 AND ARRIVE AT DAKAR AT 11:20 A.M. THE SAME DAY; LEAVE DAKAR AT 5:30 P.M. JUNE 12 AND ARRIVE AT WASHINGTON, D.C., AT 12:45 A.M. JUNE 13. THUS, EACH OF YOU WERE ONLY ENTITLED TO PER DIEM FOR 1-1/2 DAYS AT $28 PER DAY, OR $42; 1/4 DAY AT $6 PER DAY WHILE IN FLIGHT FROM DAKAR, AND 1/4 DAY AT $16 PER DAY UPON ARRIVAL AT WASHINGTON, D.C., AT 12:45 A.M., OR $47.50. FOR THE THREE OF YOU SUCH PER DIEM CONSTRUCTIVELY TOTALS $142.50. FOR YOUR SON WHO TRAVELED FROM MADRID THERE WAS ALLOWABLE 1/2 DAY AT $16 PER DAY, OR $8, AND FOR YOUR OTHER SON WHO TRAVELED FROM HAWAII THERE WAS ALLOWABLE 3/4 OF A DAY AT $6 PER DAY AND 1/4 DAY AT $16 PER DAY FOR A TOTAL OF $8.50. THE FULL AMOUNT OF CONSTRUCTIVE PER DIEM FOUND DUE YOU WAS $159. THIS AMOUNT ADDED TO THE OTHER ALLOWABLE EXPENSES TOTALING $268.69, AS SET OUT ABOVE, REPRESENTS THE $427.69 ALLOWED IN OUR SETTLEMENT OF JULY 24, 1969. THEREFORE, SINCE YOU WERE ONLY ENTITLED TO TOTAL TRANSPORTATION COSTS OF $1,526.70 FOR THE FOUR OF YOU, WHEREAS THE SUM OF $1,684.32 WAS PAID BY THE UNITED STATES GOVERNMENT, THE EXCESS COSTS WERE $157.62 WHICH AMOUNT WE SET OFF AGAINST THE AMOUNT FOUND DUE, $427.69, LEAVING A BALANCE OF $270.07 DUE YOU IN FULL SETTLEMENT OF YOUR CLAIM.

IN VIEW OF THE FOREGOING WE FIND NO BASIS FOR ALLOWING YOU ANY PART OF THE $157.62. THE SETTLEMENT OF JULY 24, 1969, IS AFFIRMED.