B-109818, JUL 9, 1952

B-109818, JUL 9, 1952

PRECIS-UNAVAILABLE

CAPTAIN RICHARD A. KELLOGG, USAF:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 22, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 28, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR MOTHER'S TRAVEL FROM SCARSDALE, NEW YORK, TO RHEIN- MAIN AIR FORCE BASE, GERMANY.

THE RECORD SHOWS THAT YOU WERE TRANSFERRED OVERSEAS BY PARAGRAPH 1, SPECIAL ORDERS NO. 123, MAY 31, 1949, AND ASSIGNED TO DUTY AT RHEIN MAIN AIR FORCE BASE BY PARAGRAPH 2, SPECIAL ORDERS NO. 116, JUNE 3, 1949; THAT PURSUANT TO YOUR REQUEST FOR TRANSPORTATION FOR YOUR MOTHER TO YOUR OVERSEAS STATION, THE COMMANDER IN CHIEF, EUROPEAN THEATER, BY MESSAGE DATED APRIL 7, 1950, REQUESTED THE CHIEF OF TRANSPORTATION TO PROVIDE OCEAN TRANSPORTATION FOR YOUR MOTHER ON A GOVERNMENT VESSEL, IT BEING STATED THEREIN THAT "TRAVEL WILL BE ON SPACE AVAILABLE BASIS SINCE DEPENDENCY OCCURRED AFTER PCS OF SPONSOR." BY LETTER OF JUNE 12, 1950, THE CHIEF OF TRANSPORTATION AUTHORIZED YOUR MOTHER'S TRANSPORTATION ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO THE GOVERNMENT, AND BY LETTER OF JUNE 20, 1950, THE ADJUTANT GENERAL ADVISED HER TO APPLY FOR A PASSPORT. ON SEPTEMBER 1, 1950, YOUR MOTHER REQUESTED HEADQUARTERS, NEW YORK PORT OF EMBARKATION, TO CANCEL THE REQUEST FOR TRANSPORTATION ON A GOVERNMENT VESSEL INASMUCH AS SHE INTENDED TO TRAVEL COMMERCIALLY. SHE TRAVELED FROM SCARSDALE, NEW YORK, TO RHEIN-MAIN AIR FORCE BASE, GERMANY, VIA NEW YORK, NEW YORK, AND ROTTERDAM, HOLLAND, SEPTEMBER 2 TO 11, 1950, BY COMMERCIAL MEANS AT PERSONAL EXPENSE. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST AS INCURRED WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT GOVERNMENT TRANSPORTATION REPORTEDLY WAS AVAILABLE FOR ELIGIBLE DEPENDENTS ON SEPTEMBER 5, 12, 18 AND 25, 1950. IN YOUR REQUEST FOR REVIEW YOU QUESTION WHETHER SUCH TRANSPORTATION IN FACT WAS AVAILABLE FOR YOUR MOTHER. IN THIS CONNECTION YOU INVITE ATTENTION TO A LETTER FROM THE PORT LIAISON SECTION, NEW YORK PORT OF EMBARKATION, DATED AUGUST 29, 1950, IN WHICH IT IS STATED THAT DUE TO AN UNPRECEDENTED BACKLOG OF PERSONNEL TRAVELING UNDER ORDERS, A DELAY IN YOUR MOTHER'S TRAVEL WAS INEVITABLE. ALSO, YOU STATE THAT YOUR MOTHER HAD MADE ARRANGEMENTS TO VACATE HER LIVING QUARTERS IN SEPTEMBER; THAT EVERY REASONABLE EFFORT WAS MADE TO DETERMINE WHETHER TRANSPORTATION WOULD BE AVAILABLE FOR HER AND THAT YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT FOR HER TRAVEL.

THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY LAW AND BY REGULATIONS PROMULGATED PURSUANT THERETO. APPLICABLE STATUTES AND REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDED THAT "WHEN" ANY OFFICER, WARRANT OFFICER OR ENLISTED MAN IN THE FIRST THREE PAY GRADES, HAVING DEPENDENTS AS DEFINED IN SECTION FOUR OF THAT ACT, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION THE GOVERNMENT SHALL FURNISH TRANSPORTATION TO THE NEW STATION FOR SUCH DEPENDENTS OR REIMBURSEMENT MAY BE AUTHORIZED FOR TRAVEL COMPLETED AT PERSONAL EXPENSE PROVIDED THAT THE TRANSPORTATION OF DEPENDENTS TO OR FROM STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION IS AVAILABLE, AND FURTHER, THAT THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE, AND THAT IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PREVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT. THUS, AN OFFICER IS ENTITLED TO TRANSPORTATION ONLY FOR THOSE PERSONS, INCLUDING PARENTS, WHOSE DEPENDENCY IS ESTABLISHED ON THE EFFECTIVE DATE OF PERMANENT CHANGE OF STATION ORDERS.

WHEN YOU WERE ORDERED TO DUTY OVERSEAS YOUR MOTHER WAS NOT YOUR DEPENDENT WITHIN THE MEANING OF THE ABOVE-CITED ACT, IT BEING CLEARLY SHOWN BY THE RECORD THAT SHE DID NOT BECOME YOUR DEPENDENT UNTIL SOME TIME AFTER YOUR FATHER'S DEATH IN JANUARY 1950. THUS, YOU WERE NOT ENTITLED BY LAW TO TRANSPORTATION FOR HER TO YOUR STATION AT GOVERNMENT EXPENSE NOR TO REIMBURSEMENT FOR TRAVEL COMPLETED AT PERSONAL EXPENSE. HENCE, WHILE SHE WAS PERMITTED TO JOIN YOU AT YOUR OVERSEAS STATION HER TRAVEL WAS AUTHORIZED ONLY IN THE EVENT SPACE ABOARD A TRANSPORT WAS AVAILABLE AFTER TRANSPORTATION HAD BEEN PROVIDED ON A PRIORITY BASIS FOR PERSONS ENTITLED THERETO AT PUBLIC EXPENSE. SUCH BEING THE CASE, WHETHER TRANSPORTATION ACTUALLY WAS AVAILABLE IN SEPTEMBER 1950, OR NOT, THERE IS NO LEGAL BASIS UPON WHICH REIMBURSEMENT MAY BE AUTHORIZED FOR TRAVEL COMPLETED BY COMMERCIAL MEANS AT PERSONAL EXPENSE.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 28, 1952, IS SUSTAINED.