B-133435, OCT. 7, 1957

B-133435, OCT. 7, 1957

TO LIEUTENANT COLONEL HOWARD D. DODGE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1957, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR DEPENDENTS VIA COMMERCIAL VESSEL FROM BREMERHAVEN, GERMANY, TO NEW YORK, NEW YORK, DURING THE PERIOD FEBRUARY 11 TO 20, 1957.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 23, 1957, OF OUR CLAIMS DIVISION, BECAUSE DURING THE PERIOD OF THE TRAVEL GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS. IN YOUR LETTER OF AUGUST 1, 1957, YOU RECOGNIZE THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS. HOWEVER, YOU SAY THAT DURING THE PERIOD INVOLVED FOUR OR FIVE FAMILIES RETURNED TO THE UNITED STATES BY COMMERCIAL MEANS AND YOU HAD NO CHOICE BUT TO EXPEDITIOUSLY RETURN YOUR DEPENDENTS BECAUSE OF THE ABANDONMENT BY THE TENANT OF YOUR PROPERTY IN CLEARWATER, FLORIDA, AND YOUR DOMESTIC SITUATION IN GERMANY. SINCE YOUR DEPENDENTS REMAINED IN THE UNITED STATES AND YOU RETURNED TO THE UNITED STATES ON PERMANENT CHANGE OF STATION ORDERS DATED MARCH 6, 1957, AHEAD OF YOUR NORMAL ROTATION DATE, YOU CONTEND YOUR CLAIM SHOULD BE ALLOWED.

THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 7002-1B OF THE REGULATIONS PROVIDES, WITH CERTAIN EXCEPTIONS NOT INVOLVED IN YOUR CASE, THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE. WHILE IT MAY BE THAT IT WAS MORE EXPEDIENT FOR YOU TO RETURN YOUR DEPENDENTS TO THE UNITED STATES BY COMMERCIAL VESSEL, SUCH TRAVEL MUST BE REGARDED AS BEING FOR PERSONAL REASONS. FURTHERMORE, THE TRANSPORTATION OF DEPENDENTS OF A MEMBER AT GOVERNMENT EXPENSE IS AUTHORIZED INCIDENT TO PERMANENT CHANGE OF STATION OF THE MEMBER (PARAGRAPH 7000, JOINT TRAVEL REGULATIONS) AND GENERALLY REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL PERFORMED PRIOR TO AN ORDERED CHANGE OF STATION. ORDERS FOR YOUR RETURN TO THE UNITED STATES HAD NOT BEEN ISSUED AT THE TIME OF THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED. WHILE PARAGRAPH 7009 OF THE REGULATIONS PROVIDES THAT COMMANDING OFFICERS MAY, IN THE BEST INTERESTS OF THE GOVERNMENT AND UNDER EMERGENCY CIRCUMSTANCES, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS FROM THE OVERSEAS DUTY STATION OF THE MEMBER TO THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RETURN OF THE MEMBER, THERE IS NO SHOWING THAT SUCH ORDERS WERE ISSUED IN THIS CASE. ACCORDINGLY, THERE IS NO AUTHORITY OF LAW FOR THE ALLOWANCE OF YOUR CLAIM.

CONCERNING THE STATEMENT IN YOUR LETTER THAT FOUR OR FIVE FAMILIES RETURNED TO THE UNITED STATES BY COMMERCIAL TRANSPORTATION AND PRESUMABLY HAVE RECEIVED PAYMENTS FOR THE COST OF SUCH TRANSPORTATION, YOU ARE ADVISED THAT IF PAYMENTS WERE MADE UNDER CIRCUMSTANCES IDENTICAL WITH THOSE IN YOUR CASE, THEY APPEAR TO BE ERRONEOUS AND FURNISH NO BASIS FOR THE PAYMENT OF YOUR CLAIM. UPON THE RECEIPT BY US FROM YOU OF THE NAMES OF THE PERSONS RECEIVING SUCH PAYMENTS, APPROPRIATE CONSIDERATION WILL BE GIVEN TO THE MATTER.

ACCORDINGLY, THE SETTLEMENT OF JULY 23, 1957, WAS CORRECT AND IS SUSTAINED.