B-150618, MAR. 7, 1963
Highlights
THE RECORDS SHOW THAT IN 1961 YOU WERE AN EMPLOYEE OF THE CORPS OF ENGINEERS. FOR HOSPITALIZATION AND RETURN ON A "SPACE AVAILABLE BASIS" AND PROVIDED THAT NO TRAVEL COSTS WERE TO BE CHARGED TO THE GOVERNMENT. YOU WERE FLOWN BY GOVERNMENT AIRCRAFT FROM TEHRAN TO THE U.S. IT WAS MEDICALLY DETERMINED THAT YOU SHOULD NOT FLY IN UNPRESSURIZED AIRCRAFT. SINCE THE GOVERNMENT AIRCRAFT USED FOR FLIGHTS ON WHICH YOU COULD HAVE RETURNED TO TEHRAN WERE NOT PRESSURIZED. THERE IS NO AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF THE EXPENSE OF TRAVEL OF CIVILIAN OVERSEAS EMPLOYEES OF THE DEPARTMENT OF THE ARMY FOR THE PURPOSE OF RECEIVING MEDICAL TREATMENT. YOU WERE PERMITTED TO TRAVEL BY GOVERNMENT AIRCRAFT WHEN SPACE WAS AVAILABLE.
B-150618, MAR. 7, 1963
TO MR. LAMBERT E. GOOD:
ON DECEMBER 29, 1962, YOU REQUESTED RECONSIDERATION OF OUR OFFICE SETTLEMENT OF DECEMBER 3, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $271.60 THE COST OF ONE TOURIST CLASS AIR TICKET FROM FRANKFURT, GERMANY, TO TEHRAN, IRAN.
THE RECORDS SHOW THAT IN 1961 YOU WERE AN EMPLOYEE OF THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, STATIONED IN TEHRAN, AND THAT YOU BECAME ILL DURING AUGUST OF THAT YEAR. LETTER ORDER 8-26, HEADQUARTERS, UNITED STATES MILITARY MISSION WITH THE IRANIAN ARMY AND UNITED STATES MILITARY ASSISTANCE ADVISORY GROUP TO IRAN, APO 205, NEW YORK, NEW YORK, DATED AUGUST 22, 1961, AUTHORIZED YOUR TRAVEL TO LANDSTUHL, GERMANY, FOR HOSPITALIZATION AND RETURN ON A "SPACE AVAILABLE BASIS" AND PROVIDED THAT NO TRAVEL COSTS WERE TO BE CHARGED TO THE GOVERNMENT. YOU WERE FLOWN BY GOVERNMENT AIRCRAFT FROM TEHRAN TO THE U.S. ARMY HOSPITAL, LANDSTUHL, GERMANY, FOR TREATMENT. UPON YOUR RELEASE FROM THE HOSPITAL ON OR ABOUT OCTOBER 5, 1961, IT WAS MEDICALLY DETERMINED THAT YOU SHOULD NOT FLY IN UNPRESSURIZED AIRCRAFT. SINCE THE GOVERNMENT AIRCRAFT USED FOR FLIGHTS ON WHICH YOU COULD HAVE RETURNED TO TEHRAN WERE NOT PRESSURIZED, YOU TRAVELED BY PRESSURIZED COMMERCIAL AIRCRAFT AT A COST OF $271.60.
THERE IS NO AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF THE EXPENSE OF TRAVEL OF CIVILIAN OVERSEAS EMPLOYEES OF THE DEPARTMENT OF THE ARMY FOR THE PURPOSE OF RECEIVING MEDICAL TREATMENT. YOU WERE PERMITTED TO TRAVEL BY GOVERNMENT AIRCRAFT WHEN SPACE WAS AVAILABLE; HOWEVER, WHEN THERE WAS NO SPACE ABOARD GOVERNMENT AIRCRAFT WHICH MET YOUR REQUIREMENTS THE ARMY WAS WITHOUT AUTHORITY TO PAY THE COST OF YOUR COMMERCIAL TRAVEL. DEPARTMENT OF THE ARMY REGULATIONS NO. 59-12, 5B SPECIFICALLY PROVIDES THAT THERE IS NO GUARANTEED SPACE FOR SPACE AVAILABLE PASSENGERS AND THAT "NEITHER THE GOVERNMENT NOR MATS WILL BE OBLIGATED TO CONTINUE THE INDIVIDUAL'S TRAVEL OR RETURN HIM TO POINT OF ORIGIN.'
WE RECOGNIZE THAT THE TRAVEL COSTS WERE INCURRED BECAUSE OF EVENTS BEYOND YOUR CONTROL, AND WE DO NOT DISPUTE THE FACTS AS RELATED BY YOU. ON THE OTHER HAND, THE RECORD DOES NOT SHOW THAT SUCH COSTS RESULTED FROM UNREASONABLE OR ARBITRARY ACTIONS BY EMPLOYEES OF THE GOVERNMENT. ON THE CONTRARY, IT WOULD APPEAR THE DETERMINATIONS WERE INTENDED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT AND YOURSELF. THE FACT THAT THE MEDICAL DETERMINATION WHICH PREVENTED YOUR RETURNING BY GOVERNMENT AIRCRAFT MAY NOT HAVE BEEN FORESEEN CANNOT SERVE AS A BASIS FOR OBLIGATING APPROPRIATED FUNDS FOR THE EXPENSES IN QUESTION.
THEREFORE, OUR SETTLEMENT OF DECEMBER 3, 1962, DISALLOWING YOUR CLAIM IS SUSTAINED.
WE ARE RETURNING MEDICAL STATEMENTS, ORDERS, AND AIRLINE PASSENGER COUPON AS REQUESTED.