B-124551, JUL. 15, 1955

B-124551, JUL. 15, 1955

TO LIEUTENANT COLONEL WESLEY G. HENSHAW, USA, RETIRED:

REFERENCE IS MADE TO A LETTER DATED JUNE 8, 1955, FROM YOUR WIFE, APPARENTLY REQUESTING, ON YOUR BEHALF, REVIEW OF THE SETTLEMENT OF JUNE 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO DAUGHTERS) FROM SAN JUAN, PUERTO RICO, TO FORT WAYNE, INDIANA, BY COMMERCIAL AIR ON AUGUST 2 AND 3, 1954.

AT THE TIME THE TRAVEL WAS PERFORMED YOU WERE STATIONED IN PUERTO RICO. IT APPEARS THAT, ON AUGUST 4, 1954, YOU BECAME ILL AND WERE HOSPITALIZED THE NEXT DAY AT RODRIGUEZ ARMY HOSPITAL, FORT BROOKE, PUERTO RICO. EVACUATION ORDER NO. 39, DATED AUGUST 11, 1954, YOU WERE RELEASED FROM OBSERVATION AND TREATMENT AT THAT HOSPITAL AND ASSIGNED TO U.S. ARMY HOSPITAL, BROOKLEY AIR FORCE BASE, MOBILE, ALABAMA, AS A PATIENT. PRESENTING YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS YOU STATED THAT YOUR DEPENDENTS INTENDED TO RETURN TO PUERTO RICO IN TWO OR THREE WEEKS BUT THAT, FOLLOWING YOUR HOSPITALIZATION, YOUR WIFE WAS ADVISED BY MILITARY AUTHORITIES NOT TO RETURN INASMUCH AS YOU WERE TO BE EVACUATED TO THE UNITED STATES. IN HER PRESENT LETTER YOUR WIFE STATES THAT SHE DID NOT INTEND TO RETURN, AND APPARENTLY BELIEVES THAT HER INTENTION HAS A MATERIAL BEARING ON THE VALIDITY OF THE CLAIM.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS PROVIDE (PARAGRAPH 7000) FOR TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION, FROM THE OLD STATION TO THE NEW. IT IS PROVIDED ALSO (PARAGRAPH 7004) THAT A MEMBER ON ACTIVE DUTY OUTSIDE THE UNITED STATES WHO IS TRANSFERRED AS A PATIENT TO A HOSPITAL IN THE UNITED STATES FOR FURTHER OBSERVATION AND TREATMENT MAY HAVE HIS DEPENDENTS MOVED FROM THE OVERSEAS STATION TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 7009) THAT COMMANDING OFFICERS, WITH THE APPROVAL OF THE THEATER COMMANDER OR OTHER COMPETENT AUTHORITY, MAY, IN THE BEST INTEREST OF THE GOVERNMENT UNDER UNUSUAL OR EMERGENCY CONDITIONS, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATIONS.

IT IS CLEAR, HOWEVER, THAT NONE OF THOSE PROVISIONS APPLY TO YOUR CASE. YOUR DEPENDENTS TRAVELED TO THE UNITED STATES FOR PERSONAL REASONS NOT RELATED TO A CHANGE OF STATION OR YOUR SUBSEQUENT ILLNESS AND EVACUATION TO A HOSPITAL IN THE UNITED STATES. WHETHER OR NOT YOUR WIVE INTENDED TO RETURN TO PUERTO RICO IS IMMATERIAL AND COULD NOT CHANGE THE CHARACTER OF THE TRAVEL. THE TRAVEL WAS NOT PERFORMED UNDER CIRCUMSTANCES FOR WHICH PROVISION IS MADE FOR TRAVEL AT GOVERNMENT EXPENSE. HENCE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF JUNE 3, 1955, IS SUSTAINED.