B-154712, MAR. 5, 1965

B-154712, MAR. 5, 1965

TO MR. HARRY L. FIELDEN, JR.:

THIS REFERS TO YOUR LETTER OF DECEMBER 3, 1964, REQUESTING RECONSIDERATION OF CERTAIN ITEMS CLAIMED BY YOU INCIDENT TO TRAVEL PERFORMED AS AN EMPLOYEE OF THE DEPARTMENT OF COMMERCE, BUREAU OF PUBLIC ROADS. SUCH ITEMS WERE DISALLOWED BY SETTLEMENT OF OCTOBER 29, 1964.

BY ORDER DATED NOVEMBER 16, 1962, YOU AND YOUR FAMILY, CONSISTING OF YOUR WIFE AND THREE ADULT (FARE) DAUGHTERS, WERE AUTHORIZED TO TRAVEL BY COMMON CARRIER (AIR TOURIST) AND PRIVATELY-OWNED AUTOMOBILE FROM SAN JOSE, COSTA RICA, TO LOS ANGELES, CALIFORNIA, VIA KENOSHA, WISCONSIN, AND RETURN TO SAN JOSE, FOR THE PURPOSE OF HOME LEAVE. THE ORDER ALSO AUTHORIZED SHIPMENT OF 300 POUNDS OF UNACCOMPANIED BAGGAGE BY AIR CARGO AND THE SHIPMENT OF A REPLACEMENT AUTOMOBILE, LOS ANGELES TO SAN JOSE (BUREAU OF THE BUDGET CIRCULAR NO. A-56, SECTION 8.3C (2) ). HOWEVER, THE ORDER SPECIFICALLY LIMITED REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION TO THE COSTS OF DIRECT TRAVEL TO WASHINGTON, D.C., YOUR PLACE OF APPROVED RESIDENCE, AND RETURN.

IT ALSO APPEARS THAT YOU WERE AUTHORIZED BY AN EARLIER ORDER TO STOP OVER IN GUATEMALA FOR A FEW HOURS OF TEMPORARY DUTY WHILE EN ROUTE TO THE UNITED STATES.

UNDER THE ORDERS REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE AND DAUGHTERS MAY NOT EXCEED THE CONSTRUCTIVE COST OF DIRECT TRAVEL FROM SAN JOSE TO WASHINGTON AND RETURN. FOR YOUR TRAVEL REIMBURSEMENT MAY INCLUDE THE ADDITIONAL EXPENSES NECESSARY TO THE PERFORMANCE OF THE TEMPORARY DUTY IN GUATEMALA.

YOUR ORIGINAL VOUCHER SHOWS THAT YOUR THREE DAUGHTERS DEPARTED SAN JOSE AT 9:30 A.M., ARRIVED IN MIAMI, FLORIDA, AT 3 P.M. AND IN TAMPA AT 7:55 P.M., DECEMBER 8, WHERE THEY REMAINED UNTIL JOINED BY YOU AND MRS. FIELDEN ON DECEMBER 22.

YOUR AND MRS. FIELDEN DEPARTED SAN JOSE AT 10:30 A.M., DECEMBER 20, ARRIVING IN GUATEMALA CITY AT 4 P.M. THE SAME DAY. YOU DEPARTED GUATEMALA CITY AT 5:05 P.M., DECEMBER 22, ARRIVED IN MIAMI AT 9 P.M. AND CONTINUED ON TO TAMPA WHERE YOU ARRIVED AT 10:42 P.M. YOUR HOME LEAVE BEGAN ON DECEMBER 24 AND ENDED WITH YOUR RETURN TO SAN JOSE ON JANUARY 31, 1963.

ON DECEMBER 28 YOU AND YOUR FAMILY TRAVELED FROM TAMPA BY AIR TO CHICAGO AND BY TRAIN FROM THAT POINT TO KENOSHA, WISCONSIN, WHERE YOU ARRIVED AT 3 P.M. AT 8 P.M. THE SAME DAY YOU DEPARTED KENOSHA VIA AUTOMOBILE AND ARRIVED IN LOS ANGELES AT 9 P.M., JANUARY 4, 1963. FROM THAT POINT YOU SHIPPED THE AUTOMOBILE TO SAN JOSE AND ON JANUARY 28 YOU DEPARTED LOS ANGELES BY PLANE VIA MEXICO CITY AND GUATEMALA CITY FOR SAN JOSE WHERE YOU ARRIVED AT 8:45 P.M., JANUARY 31.

THE ITEMS ADMINISTRATIVELY DISALLOWED FOR WHICH YOU FILED RECLAIM HERE ARE SET FORTH IN THE RECLAIM VOUCHER SIGNED BY YOU ON APRIL 27, 1964, AS FOLLOWS:

TABLE

ITEM 1 - TAXI FARES $ 37.50

DO. 2 - TAXI FARES 10.40

DO. 3 - PER DIEM 40.00

DO. 4 - EXCESS BAGGAGE 27.10

DO. 5 - BAGGAGE TIPS FOR DEPENDENTS 9.50

DO. 6 - CONSTRUCTIVE TRANSPORTATION

CHARGES FOR AUTO KENOSHA,

WISCONSIN, TO LOS ANGELES 146.00

EXCESSIVE TRANSPORTATION

(AIR TRAVEL COSTS) 177.58

ITEM 1 CONSISTED OF TAXI FARES (CONSTRUCTIVE) AS FOLLOWS: $5 FOR CHILDREN IN WASHINGTON ON DECEMBER 8, $5 FOR WIFE IN WASHINGTON ON DECEMBER 21, $6 IN NEW ORLEANS FOR SELF THE SAME DATE, $5 FOR SELF IN WASHINGTON DECEMBER 22, $5.50 FOR YOU AND FAMILY IN WASHINGTON JANUARY 28 AND $11 FOR YOU AND FAMILY IN HOUSTON (IN LIEU OF MIAMI) ON JANUARY 28.

ITEM 2 CONSISTED OF TWO TAXI FARES AT $2.20 EACH INCLUDING TIP FOR YOURSELF IN GUATEMALA ON DECEMBER 20 AND 21, AND TWO TAXI FARES FOR YOUR WIFE BETWEEN HOTEL AND AIRPORT IN MIAMI ON DECEMBER 20 AND 21, AT $3 EACH INCLUDING TIP.

THE TRAVEL OF YOUR DAUGHTERS (ACTUAL TO MIAMI AND CONSTRUCTIVE FROM THERE TO WASHINGTON) IS SHOWN ON YOUR ORIGINAL VOUCHER AS BEGINNING AT 9:30 A.M. IN SAN JOSE AND ENDING AT THE NATIONAL AIRPORT WASHINGTON, D.C., AT 8:30 P.M. YOU WERE ALLOWED $5 REPRESENTING CONSTRUCTIVE TAXI FARE FOR YOUR DAUGHTERS FROM THE AIRPORT TO YOUR HOME.

THE SAME SCHEDULE WAS AVAILABLE FOR YOUR WIFE'S TRAVEL HAD YOU NOT ELECTED TO HAVE HER ACCOMPANY YOU VIA GUATEMALA. THEREFORE, THE EXPENSES CLAIMED (TAXI FARES, TIPS, ETC.) AS INCIDENT TO HER OVERNIGHT STOP IN MIAMI ON DECEMBER 20 ARE NOT CHARGEABLE TO THE GOVERNMENT. MOREOVER, WE ARE NOT AWARE OF ANY AUTHORITY FOR ALLOWANCE OF ADDITIONAL TAXI FARES RESULTING FROM THE ELECTION OF THE EMPLOYEE'S DEPENDENTS TO TRAVEL SEPARATELY FOR PERSONAL REASONS. HENCE, THE ITEM OF $5 REPRESENTING MRS. FIELDEN'S TAXI FARE (CONSTRUCTIVE) FROM THE AIRPORT TO YOUR HOME ON DECEMBER 21, ALSO WAS PROPERLY DISALLOWED. THE OTHER DISALLOWED ITEM FOR TAXICAB SERVICE ($6) REPRESENTED TWO TRIPS (CONSTRUCTIVE) BETWEEN THE AIRPORT AND THE HOTEL IN NEW ORLEANS FOR YOURSELF ON DECEMBER 21 AND 22. YOUR VOUCHER SHOWS THAT YOU AND MRS. FIELDEN TRAVELED TOGETHER FROM GUATEMALA REACHING MIAMI AT 9:10 P.M. ON THAT DATE. HOWEVER, UPON RECONSIDERATION WE BELIEVE YOU ARE ENTITLED TO THE $6 ON THE BASIS THAT SUCH COST WOULD PROPERLY HAVE BEEN INCURRED IN MIAMI.

THE DISALLOWED ITEM OF $4.50 FOR TIPS WAS COMPRISED OF (1) $ .50 FOR HANDLING WIFE'S BAGGAGE AT MIAMI AIRPORT (THE AGENCY HAD ALLOWED $ .50 OF THE $1 CLAIMED THEREFORE); (2) $1 FOR HANDLING WIFE'S BAGGAGE TWICE AT HOTEL IN MIAMI; AND (3) $3 OF THE $6 CLAIMED FOR HANDLING OF DEPENDENTS' BAGGAGE AT AIRPORT AND HOTEL AT HOUSTON. WE ALLOWED $3 FOR THIS LAST ITEM ON THE BASIS THAT THAT AMOUNT WOULD HAVE BEEN PROPER FOR HANDLING BAGGAGE FOR DEPENDENTS HAD RETURN BEEN VIA MIAMI INSTEAD OF HOUSTON. IN OTHER WORDS, OF THE $9.50 RECLAIMED FOR TIPS IN CONNECTION WITH THE HANDLING OF DEPENDENTS' BAGGAGE WE ALLOWED YOU $5 THEREOF AND DISALLOWED THE BALANCE OF $4.50 BECAUSE WE ESTIMATED THAT THE $5 PLUS THE AMOUNT OF TIPS PREVIOUSLY ALLOWED FOR YOUR DAUGHTERS REASONABLY REPRESENTS THE BAGGAGE HANDLING TIPS THAT WOULD HAVE BEEN ALLOWABLE IF DEPENDENTS HAD TRAVELED TOGETHER.

THE DISALLOWED ITEM RECLAIMED AS EXCESS BAGGAGE ($27.10) WILL BE FURTHER CONSIDERED BY OUR CLAIMS DIVISION ON THE BASIS OF FOUR ROUND TRIP FARES BETWEEN SAN JOSE AND WASHINGTON FOR YOUR DEPENDENTS AND YOUR REQUIRED STOPOVER IN GUATEMALA. ANY ADDITIONAL AMOUNT FOUND DUE WILL BE ALLOWED. SEE PARAGRAPH 5.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

WHILE ON LEAVE YOU TOOK DELIVERY OF A NEW CAR AT THE FACTORY (KENOSHA) WHICH YOU AND YOUR FAMILY USED AND SUBSEQUENTLY SHIPPED AT GOVERNMENT EXPENSE FROM LOS ANGELES TO YOUR DUTY STATION. YOU CLAIMED MILEAGE FROM KENOSHA TO LOS ANGELES AT THE RATE OF 10 CENTS PER MILE AS PART OF THE COST OF THE SHIPMENT OF SUCH AUTOMOBILE TO COSTA RICA. HOWEVER, THE TRANSPORTATION EXPENSES OF SUCH AUTOMOBILE WERE SPECIFICALLY AUTHORIZED ONLY FROM WASHINGTON, D.C., TO SAN JOSE, COSTA RICA, IT BEING INDICATED THAT YOU WOULD BE ALLOWED MILEAGE FOR DRIVING THE CAR FROM WASHINGTON, D.C., TO BALTIMORE, POINT OF SHIPMENT, AND TO COMMON CARRIER FARE FOR YOUR RETURN TO WASHINGTON. YOU HAVE BEEN ALLOWED TRANSPORTATION EXPENSES FOR THE SHIPMENT OF THE AUTOMOBILE IN ACCORDANCE WITH YOUR TRAVEL ORDER SINCE OBVIOUSLY SHIPMENT FROM KENOSHA, WISCONSIN, TO COSTA RICA VIA BALTIMORE OR LOS ANGELES (SUBSTITUTING MILEAGE FOR LAND TRANSPORTATION COSTS) WOULD HAVE CAUSED THE EXPENDITURE OF A GREATER AMOUNT. MOREOVER, YOU ARE NOT ENTITLED TO CONSTRUCTIVE MILEAGE FROM FALLS CHURCH, VIRGINIA, TO BALTIMORE, MARYLAND, OR CONSTRUCTIVE TAXI FARE FROM TERMINAL IN WASHINGTON TO FALLS CHURCH BECAUSE YOUR TRAVEL ORDER SPECIFIED WASHINGTON AS YOUR APPROVED RESIDENCE.

CONCERNING THE CONSTRUCTIVE COST OF AIR FARES THE TRAVEL ORDERS PROVIDED FOR TRAVEL BY "AIR TOURIST" BUT DID NOT SPECIFY PROPELLER DRIVEN PLANES. THEREFORE, OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ASCERTAIN THE AVAILABILITY AND ROUND-TRIP RATES FOR JET TOURIST SERVICE FOR DIRECT TRAVEL BETWEEN SAN JOSE AND WASHINGTON AND BETWEEN SUCH POINTS VIA GUATEMALA CITY AND TO ALLOW ANY ADDITIONAL AMOUNT DUE BASED UPON FOUR ROUND-TRIP TICKETS BY DIRECT ROUTE AND ONE TICKET VIA GUATEMALA ON YOUR OUTBOUND TRIP WITH DIRECT RETURN. (SECTIONS 3.6C (2) (B) AND 3.8, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.) SHOULD THE CONSTRUCTIVE USE OF JET TOURIST SERVICE REQUIRE ADJUSTMENTS IN PER DIEM AND INCIDENTAL EXPENSES HERETOFORE CONSIDERED, SUCH ADJUSTMENTS WILL BE MADE IN THE SUPPLEMENTAL SETTLEMENT.