B-137963, JAN. 9, 1968
Highlights
TRANSPORTATION - DEPENDENTS - CHILDREN 21 YEARS DECISION TO FINANCE OFFICER NSA RE REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENT DAUGHTER OF EMPLOYEE TO OVERSEAS STATION WHEN SHE WAS 21 YEARS OLD. EMPLOYEE WHO WAS ADVISED THAT HIS DAUGHTER AGED 21 WAS ENTITLED TO TRANSPORTATION TO OVERSEAS STATION IS NOT ENTITLED TO REIMBURSEMENT FOR HER TRANSPORTATION SINCE REGULATIONS PRECLUDE REIMBURSEMENT UNLESS DEPENDENT CHILD IS UNDER 21 YEARS OF AGE. COVERING REIMBURSEMENT FOR THE TRANSPORTATION OF HIS DAUGHTER WHO WAS 21 YEARS OF AGE WHEN HE WAS TRANSFERRED FROM OVERSEAS TO THE CONTINENTAL UNITED STATES. THE RECORD SHOWS THAT THE DAUGHTER WAS 21 ON SEPTEMBER 7. KREISBERG'S STATEMENT THAT HE RECEIVED INFORMATION FROM VARIOUS OFFICIAL SOURCES THAT HIS DAUGHTER WAS ENTITLED TO HAVE HER TRANSPORTATION PAID AND IN FACT THE TRAVEL ORDERS SO AUTHORIZED.
B-137963, JAN. 9, 1968
TRANSPORTATION - DEPENDENTS - CHILDREN 21 YEARS DECISION TO FINANCE OFFICER NSA RE REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENT DAUGHTER OF EMPLOYEE TO OVERSEAS STATION WHEN SHE WAS 21 YEARS OLD. EMPLOYEE WHO WAS ADVISED THAT HIS DAUGHTER AGED 21 WAS ENTITLED TO TRANSPORTATION TO OVERSEAS STATION IS NOT ENTITLED TO REIMBURSEMENT FOR HER TRANSPORTATION SINCE REGULATIONS PRECLUDE REIMBURSEMENT UNLESS DEPENDENT CHILD IS UNDER 21 YEARS OF AGE.
TO MAJOR J. E. INGLES:
YOUR LETTER OF DECEMBER 7, 1967, SERIAL: D5/2347F, ENCLOSES A RECLAIM VOUCHER FOR $284.58 IN FAVOR OF MR. ELI J. KREISBERG, COVERING REIMBURSEMENT FOR THE TRANSPORTATION OF HIS DAUGHTER WHO WAS 21 YEARS OF AGE WHEN HE WAS TRANSFERRED FROM OVERSEAS TO THE CONTINENTAL UNITED STATES.
THE RECORD SHOWS THAT THE DAUGHTER WAS 21 ON SEPTEMBER 7, 1966. SHE TRAVELED AS A DEPENDENT UPON PERMANENT CHANGE OF STATION BETWEEN JULY 17 AND AUGUST 11, 1967, UNDER THE AUTHORITY OF OSD TRAVEL ORDERS 67 081, DATED APRIL 14, 1967. WE NOTE FROM MR. KREISBERG'S STATEMENT THAT HE RECEIVED INFORMATION FROM VARIOUS OFFICIAL SOURCES THAT HIS DAUGHTER WAS ENTITLED TO HAVE HER TRANSPORTATION PAID AND IN FACT THE TRAVEL ORDERS SO AUTHORIZED.
THE RECORD FURTHER SHOWS THAT ADMINISTRATIVE ACTION WAS TAKEN DENYING PAYMENT BY THE GOVERNMENT FOR THE DAUGHTER'S TRANSPORTATION BASED ON JOINT TRAVEL REGULATIONS PARAGRAPH C1100 WHICH REGULATION PROVIDED THAT A CHILD WHO REACHES 21 YEARS AND IS PHYSICALLY AND MENTALLY CAPABLE OF SELF- SUPPORT ON OR BEFORE TRAVEL BEGINS IS NOT A DEPENDENT FOR TRANSPORTATION AT GOVERNMENT EXPENSE PURPOSES. BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, EFFECTIVE JULY 21, 1966, SECTION 1.2D, IS TO THE SAME EFFECT. IN OUR DECISION 32 COMP. GEN. 266, WE HELD AS FOLLOWS, QUOTING THE SYLLABUS:
"UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, WHICH AUTHORIZES THE TRANSPORTATION EXPENSES OF THE IMMEDIATE FAMILIES OF TRANSFERRED EMPLOYEES AND SECTION 1 (D) OF EXECUTIVE ORDER NO. 9805 WHICH DEFINES -IMMEDIATE FAMILY- AS -CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER 21 YEARS OF AGE, AN OVERSEAS EMPLOYEE WHO IS RETURNED TO THE UNITED STATES MAY NOT BE REIMBURSED THE RETURN TRANSPORTATION EXPENSES FOR A STEPSON OVER 21 YEARS OF AGE WHO IS PHYSICALLY AND MENTALLY CAPABLE OF SELF-SUPPORT, EVEN THOUGH THE STEPSON REACHES HIS MAJORITY WHILE AT THE EMPLOYEE'S FOREIGN POST OF DUTY.'
IT IS EVIDENT THEREFROM THAT UNDER THE APPLICABLE REGULATIONS SUCH DEPENDENTS ARE NOT ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE. WHILE WE APPRECIATE THAT MR. KREISBERG WAS GIVEN MISINFORMATION, IT FURNISHES NO BASIS FOR THE ALLOWANCE OF HIS CLAIM.
IN VIEW OF THE FOREGOING THE RECLAIM VOUCHER AND SUPPORTING DOCUMENTS WHICH ARE RETAINED HERE MAY NOT BE PROCESSED FOR PAYMENT.