B-114912, JUN 8, 1954

B-114912: Jun 8, 1954

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SEBELIUS: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10. THE DISALLOWANCE OF WHICH WAS SUSTAINED IN A DECISION DATED OCTOBER 12. YOU APPEAR TO BE OF THE OPINION THAT YOUR CLAIM SHOULD BE ALLOWED IN SPITE OF THE FACT THAT YOU ARE UNABLE TO ESTABLISH A RIGHT TO THE AMOUNT CLAIMED UNDER THE REGULATIONS GOVERNING TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE. YOUR WIFE TRAVELED TO YOUR HOME MORE THAN FOUR MONTHS BEFORE YOU WERE RELEASED FROM ACTIVE DUTY AND A RIGHT TO SUCH TRANSPORTATION AT GOVERNMENT EXPENSE COULD HAVE ACCRUED UNDER APPLICABLE REGULATIONS ONLY IN THE EVENT THAT THE PROPER OFFICER CERTIFIED THAT YOU WERE ADVISED AT THAT TIME THAT ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY WOULD BE ISSUED.

B-114912, JUN 8, 1954

PRECIS-UNAVAILABLE

MR. KEITH G. SEBELIUS:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1953, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENT WIFE'S TRANSPORTATION FROM HOT SPRINGS, ARKANSAS, TO NORTON, KANSAS, VIA WASHINGTON, D. C., IN NOVEMBER 1951, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN A DECISION DATED OCTOBER 12, 1953, B-114912.

YOU APPEAR TO BE OF THE OPINION THAT YOUR CLAIM SHOULD BE ALLOWED IN SPITE OF THE FACT THAT YOU ARE UNABLE TO ESTABLISH A RIGHT TO THE AMOUNT CLAIMED UNDER THE REGULATIONS GOVERNING TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE. HOWEVER, THIS OFFICE MAY NOT ALLOW REIMBURSEMENT FOR THE TRANSPORTATION OF DEPENDENTS BEYOND THE LIMITS FIXED BY THE APPLICABLE STATUTE AND THE ADMINISTRATIVE REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SUCH STATUTE. YOUR WIFE TRAVELED TO YOUR HOME MORE THAN FOUR MONTHS BEFORE YOU WERE RELEASED FROM ACTIVE DUTY AND A RIGHT TO SUCH TRANSPORTATION AT GOVERNMENT EXPENSE COULD HAVE ACCRUED UNDER APPLICABLE REGULATIONS ONLY IN THE EVENT THAT THE PROPER OFFICER CERTIFIED THAT YOU WERE ADVISED AT THAT TIME THAT ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY WOULD BE ISSUED. SINCE YOU HAVE NOT FURNISHED ANY SUCH CERTIFICATE AND THERE IS NOTHING IN THE RECORD FROM AN OFFICIAL SOURCE WHICH SHOWS THAT YOU WERE SO ADVISED, THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

THE FACT THAT THE VETERANS ADMINISTRATION INFORMED YOU UNDER DATE OF MARCH 3, 1953, THAT AN AWARD HAD BEEN MADE TO YOU ON THE BASIS OF A DETERMINATION THAT YOU HAD A SERVICE-CONNECTED DISABILITY OF 30%, OTITIS MEDIA (DEAFNESS), DOES NOT ESTABLISH THAT A DECISION HAD BEEN REACHED PRIOR TO THE TIME OF YOUR WIFE'S TRAVEL, TO RELEASE YOU FROM ACTIVE DUTY BECAUSE OF A HEARING DEFICIENCY, AND THE STATEMENT IN YOUR ORDERS OF MARCH 19, 1952, THAT YOUR RELEASE FROM ACTIVE DUTY WAS "NOT BY REASON OF PHYSICAL DISABILITY" APPEARS TO NEGATIVE ANY POSSIBILITY OF SUCH DECISION HAVING BEEN MADE.

YOUR LETTER FURNISHES NO BASIS FOR ANY CHANGE IN THE ACTION TAKEN IN YOUR CASE. THE VETERANS ADMINISTRATION LETTER OF MARCH 3, 1953, IS RETURNED HEREWITH, AS REQUESTED.