B-115240, SEP 29, 1953

B-115240: Sep 29, 1953

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ROSE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 24. IT WAS STATED IN THE SETTLEMENT THAT THE CHIEF OF TRANSPORTATION HAD REPORTED THAT AT THE TIME TRAVEL WAS PERFORMED GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE AT REGULAR INTERVALS BETWEEN SAN FRANCISCO. THE SAID REPORT WAS IN ERROR INSOFAR AS TRAVEL OF DEPENDENTS WAS CONCERNED FOR THE REASON THAT BY DEPARTMENT OF THE ARMY MESSAGE WAR 85304 DATED JULY 8. ALL TRAVEL OF DEPENDENTS TO THE PACIFIC DESTINATIONS WAS SUSPENDED EFFECTIVE JULY 15. THIS RESTRICTION ON TRAVEL OF DEPENDENTS WAS NOT REMOVED UNTIL SEPTEMBER 21. DURING THE PERIOD THE SUSPENSION WAS IN EFFECT THERE WAS NO AUTHORITY FOR TRAVEL OF DEPENDENTS FROM THE UNITED STATES TO PACIFIC DESTINATIONS AT GOVERNMENT EXPENSE.

B-115240, SEP 29, 1953

PRECIS-UNAVAILABLE

COLONEL BERNARD C. ROSE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 24, AND AUGUST 31, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 9, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND DAUGHTER) FROM OAKLAND, CALIFORNIA, TO HICKMAN AIR FORCE BASE, TERRITORY OF HAWAII, BY COMMERCIAL AIR AUGUST 11 AND 12, 1950, INCIDENT TO ORDERS TRANSFERRING YOU FROM KELLY AIR FORCE BASE, TEXAS, TO HICKMAN AIR FORCE BASE FOR DUTY.

IT WAS STATED IN THE SETTLEMENT THAT THE CHIEF OF TRANSPORTATION HAD REPORTED THAT AT THE TIME TRAVEL WAS PERFORMED GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE AT REGULAR INTERVALS BETWEEN SAN FRANCISCO, CALIFORNIA, AND HONOLULU. AS STATED IN YOUR LETTER, THE SAID REPORT WAS IN ERROR INSOFAR AS TRAVEL OF DEPENDENTS WAS CONCERNED FOR THE REASON THAT BY DEPARTMENT OF THE ARMY MESSAGE WAR 85304 DATED JULY 8, 1950, ALL TRAVEL OF DEPENDENTS TO THE PACIFIC DESTINATIONS WAS SUSPENDED EFFECTIVE JULY 15, 1950, DUE TO THE KOREAN CONFLICT. THIS RESTRICTION ON TRAVEL OF DEPENDENTS WAS NOT REMOVED UNTIL SEPTEMBER 21, 1950. DURING THE PERIOD THE SUSPENSION WAS IN EFFECT THERE WAS NO AUTHORITY FOR TRAVEL OF DEPENDENTS FROM THE UNITED STATES TO PACIFIC DESTINATIONS AT GOVERNMENT EXPENSE. WHILE ON JULY 20, 1950, HEADQUARTERS 1500TH AIR TRANSPORT WING, MILITARY AIR TRANSPORT SERVICE, APO 953, IN ISSUING INSTRUCTIONS (MAT 510) THAT IN COMPLIANCE WITH BA RADIO WAR 85304, JULY 8, 1950, ALL ACTION WOULD IMMEDIATELY BE SUSPENDED ON APPLICATIONS FOR TRAVEL OF DEPENDENTS TO HAWAII, STATED THAT THERE WAS NO OBJECTION TO OFFICERS AND AIRMEN TRANSPORTING THEIR DEPENDENTS TO HONOLULU "BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT," SUCH STATEMENT IN WITHOUT EFFECT TO NOW AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS PERFORMED THEREUNDER AT PERSONAL EXPENSE.

IT LONG HAS BEEN RECOGNIZED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR MILITARY REASONS AND THAT WHERE TRANSPORTATION IS ADMINISTRATIVELY REFUSED BY REASON OF MILITARY NECESSITY OR EXPEDIENCY AN OFFICER MAY NOT TRANSPORT HIS DEPENDENTS AT PERSONAL EXPENSE AND BE PAID THE COST UNDER A STATUTE AUTHORIZING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UPON PERMANENT CHANGE OF STATION. CULP V. UNITED STATES, 76 C. CLS. 507. SINCE YOUR DEPENDENTS TRAVELED FROM OAKLAND TO HAWAII AT A TIME WHEN TRANSPORTATION OF DEPENDENTS TO PACIFIC DESTINATIONS AT GOVERNMENT EXPENSE WAS PROHIBITED BY REASON OF MILITARY EXPEDIENCY, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF THE COST OF SUCH TRAVEL IRRESPECTIVE OF WHETHER GOVERNMENT TRANSPORTATION WAS OR WAS NOT AVAILABLE.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 9, 1953, IS SUSTAINED.