B-125375, OCT. 13, 1955

B-125375, OCT. 13, 1955

TO MR. FRANK F. ERDOES:

YOUR LETTER OF AUGUST 15, 1955, REQUESTS REVIEW OF SETTLEMENT OF OUR OFFICE DATED JULY 19, 1955, WHICH DISALLOWED YOUR CLAIM IN THE AMOUNT OF $235.96 FOR MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE INCIDENT TO YOUR RETURN TO THE UNITED STATES FROM BERLIN, GERMANY, UPON TERMINATION OF YOUR EMPLOYMENT.

THE TRAVEL WAS PERFORMED PURSUANT TO TRAVEL AUTHORIZATION NO. H-J-7 DATED OCTOBER 5, 1953, WHICH AUTHORIZED TRAVEL AND TRANSPORTATION OF EFFECT, INCLUDING PRIVATE AUTOMOBILE, FROM BERLIN, GERMANY, AND FROM NEW YORK CITY, NEW YORK, TO ALHAMBRA, CALIFORNIA, VIA PRIVATELY OWNED AUTOMOBILE AND CLAIM MILEAGE FOR THE DISTANCE BETWEEN THOSE POINTS AT THE RATE OF 7 CENTS PER MILE AND PER DIEM IN LIEU OF SUBSISTENCE FOR THE TIME CONSUMED IN SUCH TRAVEL.

YOU WERE REIMBURSED BY THE ADMINISTRATIVE OFFICE FOR TRAVEL AND TRANSPORTATION EXPENSES IN ACCORDANCE WITH 1 FSM 111 AND 190 SGTR 12 AND 12/A). ON THAT BASIS YOUR TRAVEL AND TRANSPORTATION EXPENSES WERE COMPUTED ON A CONSTRUCTIVE COST OF TRAVEL INCLUDING PER DIEMVIA COMMON CARRIER BY THE MOST DIRECT USUALLY TRAVELED ROUTE. NO CREDIT WAS ALLOWED FOR MILEAGE FOR USE OF AUTOMOBILE IN GERMANY SINCE EMPLOYEES TRAVELING TO AND FROM BERLIN WERE REQUIRED TO USE MILITARY TRAINS (WITHOUT CHARGE TO THE GOVERNMENT) UNLESS OTHERWISE SPECIFICALLY AUTHORIZED OR APPROVED BY THE DEPARTMENT CONCERNED, AND BECAUSE SHIPMENT OF EFFECTS INCLUDING PRIVATELY OWNED AUTOMOBILES WERE MADE ON MILITARY FREIGHT WARRANT WITHOUT CHARGE TO THE GOVERNMENT.

IT IS YOUR CONTENTION THAT HICOG PERSONNEL AND ADMINISTRATIVE AUTHORITIES DIRECTED THAT YOU PERSONALLY DELIVER YOUR AUTOMOBILE TO BREMERHAVEN FOR TRANSPORTATION TO NEW YORK AND THAT YOU PERSONALLY PICK UP THE VEHICLE UPON ITS ARRIVAL IN NEW YORK AND DRIVE IT TO ALHAMBRA. HOWEVER, IT APPEARS FROM A COPY OF YOUR LETTER DATED MARCH 25, 1954, ADDRESSED TO MR. FALKNER, CHIEF OF AUDIT SECTION, HICOG, THAT IT WAS POINTED OUT TO YOU THAT UNLESS YOU MADE PERSONAL DELIVERY TO THE CAR TO BREMERHAVEN, DELIVERY VIA REGULAR CHANNELS WOULD BE DELAYED INDEFINITELY DUE TO TRANSPORTATION DIFFICULTIES FROM BERLIN. SINCE YOU NEEDED YOUR VEHICLE FOR THE PURPOSE OF RELOCATING YOURSELF, PARTICULARLY IN FINDING A JOB, YOU DELIVERED THE CAR TO BREMERHAVEN.

IT THEREFORE APPEARS THAT THE PERSONNEL AND ADMINISTRATIVE EMPLOYEES ATTEMPTED TO GIVE YOU A COMPLETE PICTURE OF THE TRANSPORT SITUATION FOR YOUR PERSONAL BENEFIT AND DID NOT DIRECT YOU TO MAKE PERSONAL DELIVERY OF THE VEHICLE. IN YOUR LETTER OF AUGUST 15, 1955, ADDRESSED TO OUR OFFICE, YOU STATE THAT YOU INQUIRED AS TO WHY THEBREMEN TRAVEL AUTHORIZATION MADE NO ALLOWANCE FOR PER DIEM AND THAT YOU WERE ADVISED THAT ONLY BONN COULD CUT SUCH ORDERS, THAT THERE WAS INSUFFICIENT TIME FOR SUCH TO BE SUPPLIED AND THAT YOUR ORDERS WERE OF THE STANDARD TYPE. SINCE THE ADMINISTRATIVE AUTHORITIES MADE IT CLEAR TO YOU THAT THEY DID NOT HAVE AUTHORITY TO AUTHORIZE MILEAGE AND PER DIEM IT SHOULD HAVE BEEN OBVIOUS THAT ANY EXCESS TRAVEL AND TRANSPORTATION EXPENSES INVOLVING THE PERSONAL DELIVERY OF THE VEHICLE TO BREMERHAVEN AND ALHAMBRA WOULD NECESSARILY HAVE TO BE AT YOUR OWN EXPENSE UNLESS SUBSEQUENTLY APPROVED AS BEING IN THE INTEREST OF THE GOVERNMENT. SEE 1 FSM III 131.3, WHICH PROVIDES AS FOLLOWS:

"THE ULTIMATE RESPONSIBILITY FOR THE CORRECT PERFORMANCE OF OFFICIAL TRAVEL AND FOR THE PAYMENT OF ANY CHARGES INCURRED THROUGH FAILURE TO OBSERVE THE GOVERNING REGULATIONS RESTS WITH THE EMPLOYEE TRAVELING, REGARDLESS OF WHO MAY HAVE ASSISTED IN MAKING TRAVEL OR TRANSPORTATION ARRANGEMENTS.'

IN VIEW OF THE FOREGOING, AND SINCE THE ADDITIONAL PER DIEM AND MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE HAS NOT BEEN APPROVED BY THE ADMINISTRATIVE OFFICE AS REQUIRED BY THE APPLICABLE REGULATION, THE SETTLEMENT OF JULY 19, 1955, MUST BE, AND IS SUSTAINED.