B-171748, MAY 9, 1972

B-171748, MAY 9, 1972

CIVILIAN EMPLOYEE - TRANSPORTATION BY FOREIGN VESSEL - REIMBURSEMENT - MERCHANT MARINE ACT OF 1936 CONCERNING THE PROPRIETY OF PAYMENT TO KENNETH W. HANNINEN, AN EMPLOYEE OF THE FOREST SERVICE, INCIDENT TO A TRAVEL AUTHORIZATION ISSUED FOR THE PURPOSE OF ALLOWING LEAVE BETWEEN TOURS OF DUTY. SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, PROHIBITS TRAVEL BY FOREIGN VESSELS WHERE UNITED STATES FLAG VESSELS ARE AVAILABLE BETWEEN THE PARTICULAR POINTS INVOLVED. SINCE NO AMERICAN VESSEL WAS AVAILABLE AT THE TIME OF MR. HANNINEN'S TRAVEL, HE WOULD BE ENTITLED TO REIMBURSEMENT AND THE VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT.

TO MR. MICHAEL DUFFY

YOUR LETTER OF MARCH 21, 1972, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY THE ENCLOSED TRAVEL VOUCHER IN THE AMOUNT OF $34.90 AS RECLAIMED BY MR. KENNETH W. HANNINEN, REPRESENTING TRANSPORTATION CHARGES WHICH YOUR OFFICE DEDUCTED ON HIS ORIGINAL VOUCHER INCIDENT TO HOME LEAVE TRAVEL.

THE INFORMATION FURNISHED SHOWS THAT MR. HANNINEN SATISFACTORILY COMPLETED HIS AGREEMENT EXECUTED UNDER SECTION 1.3C OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. HE THEN EXECUTED A NEW EMPLOYMENT AGREEMENT AND A TRAVEL AUTHORIZATION WAS ISSUED FOR THE PURPOSE OF TAKING LEAVE BETWEEN TOURS OF DUTY. THE TRAVEL AUTHORIZATION APPROVED TRAVEL BY MIXED MODES INCLUDING PRIVATELY OWNED AUTOMOBILE, ALASKA STATE FERRY (EXCLUDING M/V WICKERSHAM), AND AIR TRANSPORTATION. WHEN TRAVELING TO OR FROM JUNEAU BY PRIVATELY OWNED AUTOMOBILE, THE ALASKA STATE FERRY MUST BE USED. MR. HANNINEN USED A PRIVATELY OWNED AUTOMOBILE WITH HIS RETURN TO JUNEAU. HIS CHOICES OF RETURN TRAVEL WERE:

"(1) BOARD THE ALASKA STATE FERRY AT SEATTLE OR VANCOUVER, B. C., AND GO NORTH TO JUNEAU;

"(2) TRAVEL VIA A NETWORK OF CANADIAN FERRIES AND INTERSPERSED ISLAND HIGHWAYS TO PRINCE RUPERT, B.C., AND PROCEED NORTH TO JUNEAU VIA AN ALASKA STATE FERRY;

"(3) TRAVEL OVERLAND THROUGH CANADA FROM THE CONTINENTAL UNITED STATES TO PRINCE RUPERT, B. C., AND BOARD THE ALASKA STATE FERRY TO JUNEAU;

"(4) TRAVEL OVERLAND THROUGH CANADA FROM THE CONTINENTAL UNITED STATES TO HAINES, ALASKA AND BOARD THE ALASKA STATE FERRY TO JUNEAU."

YOU SAY THAT YOU DISALLOWED THE COST OF TRANSPORTATION FROM VANCOUVER, B. C., TO JUNEAU UNDER ALTERNATIVE (1) BECAUSE THE USE OF M/V WICKERSHAM WAS CONSIDERED AS BEING CONTRARY TO SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 46 STAT. 1241, AND OUR DECISION AT 31 COMP. GEN. 351 (1952) CONCERNING TRAVEL ON FOREIGN VESSELS. THE M/V WICKERSHAM IS A FOREIGN BOTTOM SHIP REGISTERED IN THE REPUBLIC OF PANAMA AND OPERATED BY THE ALASKA STATE FERRY SYSTEM BETWEEN CANADIAN AND ALASKAN PORTS. YOU HAVE NOT CONSIDERED ALTERNATIVES (3) AND (4) AS PRUDENT TRAVEL DURING THE WINTER MONTHS BECAUSE OF EXTREMELY HARSH WEATHER CONDITIONS AND POOR ROADS. ALTERNATIVE (2) WOULD APPEAR TO BE BY AN INDIRECT ROUTE AND POSSIBLY INVOLVE USE OF FOREIGN VESSELS. ON OR ABOUT THE DATES OF TRAVEL, YOU SAY UNITED STATES FLAG VESSELS WERE NOT OPERATING BETWEEN THE PARTICULAR POINTS INVOLVED. HOWEVER, UNITED STATES FLAG VESSELS BELONGING TO THE ALASKA STATE FERRY SYSTEM DID OPERATE OUT OF SEATTLE FOUR DAYS BEFORE AND THREE DAYS AFTER THE ACTUAL DATE OF DEPARTURE USED BY MR. HANNINEN.

MR. HANNINEN STATES THAT THE M/V MATANUSKA SAILED FROM SEATTLE ON DECEMBER 31, 1971, AND JANUARY 7, 1972. THERE WERE NO STATEROOMS AVAILABLE ON THE DECEMBER 31 SAILING AND HE WAS UNABLE TO ADJUST HIS TRAVEL SCHEDULE FROM JANUARY 3 TO MEET THE JANUARY 7 SAILING DATE. IT IS NOTED THAT MR. HUNNINEN'S TRAVEL WAS ORIGINALLY SCHEDULED TO END ON OR ABOUT DECEMBER 28, 1971, BUT HIS TRAVEL ORDERS WERE AMENDED TO EXTEND HIS LEAVE TO JANUARY 6, 1972, AT WHICH DATE HE WOULD BE EXPECTED TO RETURN TO DUTY.

AS YOU POINT OUT IN YOUR LETTER IT WAS HELD IN OUR DECISION OF MAY 27, 1971, B-171748, THAT SECTION 901 OF THE MERCHANT MARINE ACT IS NOT APPLICABLE WHERE UNITED STATES FLAG VESSELS ARE NOT AVAILABLE BETWEEN PARTICULAR POINTS INVOLVED. THE INFORMATION FURNISHED SHOWS THAT AT THE TIME THE TRAVEL WAS PERFORMED AN AMERICAN VESSEL WAS NOT AVAILABLE. HENCE, MR. HANNINEN WOULD BE ENTITLED TO REIMBURSEMENT OF THE TRAVEL BY THE FOREIGN VESSEL.

ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.