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B-183310 1 (1975-09-09)

handle is hein.gao/gaobadcpj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 'OECISION - OF THE UNITED STATES WASHINGTON, D.0. 20548 D-183310SEP 9 1975 FILE: DATE: 0-183310 MVATTER OF:97V Thomas H. Hamara DIGEST: Army employee requested home leave travel by foreign surface vessel for medical reasons. He was authorized to travel from Germany to United States by military or civilian air only. Even though he elected to travel by surface vessel of foreign registry, he is entitled to reimbursement for constructive cost of air travel from Germany to United States because passenger carrying ships of United States registry vere not available and, therefore, 46 U.S.C. 1241(a) does not preclude such reimbursement. By letter of January 24, 1975, Mr. Thomas H. Hamara, a Department of the Army civilian employee, requested a review of Settlement Certif- icate No. Z-2119213 dated October 16, 1973, li hich out rnpottz and Claims Division (TilD) disallowed his claim for travel excpenses and per dic incident to home leave travel in Ray 1972. The itcms claimed wero ship travel, $709.95; land portion of travel to ship terminal, approximately $34; and per diem, $172.30, IAr. Hanara states that, since he was unable to travel by plane for medical reasons, the Army improperly refused to authorize his travel by foreign surface vessel. He contends that he is entitled to reimbursement as lhated in 2 Joint Travel Regulations, para. C10200 (change 75, December 1, 1971). The record shoaws by the entry in block 6 of Travel Order No. 4-511, April 5, 1.972, that the Army authorized Mr. Hamara to travel under the authority of 5 U.S.C. 5728(a) (Travel and transportation expenses; vacation leave) fr== Frankfurt, Germany, to Long Beach, California. 5 U.S.C. 5728(a) provides, in pertinent part, that, * * an agency shall pay from its appropria- tions the expenses of round-trip travel of an employee, and the transportation of his immediate family * * * from his post of duty outside the continental United States to the place of his actual residence at the time of appointment or transfer to the post of duty, after

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