B-117600, MAR 3, 1954

B-117600: Mar 3, 1954

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BURLINGAME: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15. YOU WERE TRANSFERRED FROM WASHINGTON. YOU WERE FURTHER TRANSFERRED TO HEIDELBERG. THAT YOU FILED A REQUEST FOR TRANSPORTATION AND HOUSING FOR YOUR WIFE AND WERE ADVISED YOU COULD EXPECT A DELAY OF SIX MONTHS IN HER ARRIVAL. THAT YOU WERE ASSIGNED DEPENDENT HOUSING FOR HER ON OCTOBER 26. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT SINCE GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE WITHIN 30 DAYS YOU WERE ENTITLED TO HER TRANSPORTATION BY COMMERCIAL MEANS UNDER PARAGRAPH 7002-1B. ASK THAT YOU BE ADVISED AS TO THE AUTHORITY FOR THE STATEMENT (IN THE SETTLEMENT) THAT AUTHORIZATION IS REQUIRED FOR TRAVEL OF DEPENDENTS TO A FOREIGN STATION.

B-117600, MAR 3, 1954

PRECIS-UNAVAILABLE

MR. JAMES M. BURLINGAME:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 10, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM HAMMOND, LOUISIANA, TO FRANKFURT, GERMANY, WHILE SERVING AS FIRST LIEUTENANT, UNITED STATES ARMY.

BY ORDERS DATED MARCH 23, 1951, YOU WERE TRANSFERRED FROM WASHINGTON, D. C. TO FRANKFURT, GERMANY, WHERE BY ORDERS DATED JULY 6, 1951, YOU WERE FURTHER TRANSFERRED TO HEIDELBERG, GERMANY. IT APPEARS THAT YOU ARRIVED IN THE EUROPEAN COMMAND ON JULY 5, 1951; THAT YOU FILED A REQUEST FOR TRANSPORTATION AND HOUSING FOR YOUR WIFE AND WERE ADVISED YOU COULD EXPECT A DELAY OF SIX MONTHS IN HER ARRIVAL; THAT AFTER 30 DAYS YOU ARRANGED FOR HER TRAVEL BY COMMERCIAL MEANS; THAT SHE TRAVELED FROM HAMMOND, LOUISIANA, TO NEW YORK, NEW YORK, BY RAIL, THENCE TO FRANKFURT, GERMANY, BY COMMERCIAL AIR, SEPTEMBER 1 TO 4, 1951; AND THAT YOU WERE ASSIGNED DEPENDENT HOUSING FOR HER ON OCTOBER 26, 1951. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT SINCE GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE WITHIN 30 DAYS YOU WERE ENTITLED TO HER TRANSPORTATION BY COMMERCIAL MEANS UNDER PARAGRAPH 7002-1B, JOINT TRAVEL REGULATIONS, AND ASK THAT YOU BE ADVISED AS TO THE AUTHORITY FOR THE STATEMENT (IN THE SETTLEMENT) THAT AUTHORIZATION IS REQUIRED FOR TRAVEL OF DEPENDENTS TO A FOREIGN STATION.

PARAGRAPH 7008, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UPON PERMANENT CHANGE OF STATION FROM A STATION WITHIN THE CONTINENTAL UNITED STATES TO A STATION OUTSIDE THE CONTINENTAL UNITED STATES THE MEMBER SHALL BE ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE AS THERE SET FORTH. SUBPARAGRAPH 2 RELATES TO DEPENDENTS WHO ARE "AUTHORIZED" TO TRAVEL AND DO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME AS THE MEMBER. SUBPARAGRAPH 3 PROVIDES THAT, WHEN DEPENDENTS "ARE NOT AUTHORIZED" TO TRAVEL TO THE MEMBER'S NEW STATION AT THE SAME TIME THE MEMBER DEPARTS FROM HIS OLD STATION, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE PLACE WHERE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE AND LATER FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION VIA THE APPROPRIATE PORT OF EMBARKATION. PARAGRAPH 7002-1B OF THE SAME REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS TO OR FROM THE UNITED STATES WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE, AND IF ITS USE WILL NOT OCCASION A DELAY OF MORE THAN 30 DAYS "AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION." THUS, IT IS CLEAR THAT THE REGULATIONS REQUIRE AN AUTHORIZATION FOR THE DEPENDENTS TO TRAVEL TO THE MEMBER'S OVERSEAS STATION AND THAT THE AVAILABILITY OF GOVERNMENT TRANSPORTATION IS NOT FOR DETERMINATION BY THE MEMBER HIMSELF.

SINCE THE RECORD SHOWS THAT YOUR WIFE WAS LOCATED IN WASHINGTON, D. C., WHEN YOU WERE ORDERED OVERSEAS SHE EVIDENTLY TRAVELED TO HAMMOND, LOUISIANA, INCIDENT TO THE PROVISION IN JOINT TRAVEL REGULATIONS REFERRED TO ABOVE. SUCH BEING THE CASE, NO OCEAN TRAVEL WAS AUTHORIZED UNTIL RECEIPT OF SPECIFIC AUTHORIZATION (PURSUANT TO YOUR APPLICATION) TO PROCEED TO YOUR OVERSEAS STATION, AT WHICH TIME APPROPRIATE ARRANGEMENTS WOULD HAVE BEEN MADE FOR FURNISHING TRANSPORTATION ON A GOVERNMENT VESSEL. SINCE YOU DID NOT AWAIT SUCH AUTHORIZATION THERE IS NO BASIS FOR REIMBURSEMENT FOR THE COST OF OCEAN TRAVEL PERFORMED BY COMMERCIAL AIR AT PERSONAL EXPENSE. HOWEVER, SINCE IT APPEARS THAT YOU HAD MADE ARRANGEMENTS FOR YOUR WIFE TO BE AT YOUR OVERSEAS STATION, AND SINCE PARAGRAPH 7003-1 OF THE SAID REGULATIONS PROVIDES THAT A MEMBER WHO TRANSPORTS HIS DEPENDENTS AT OWN EXPENSE MAY BE PAID A MONETARY ALLOWANCE ON A MILEAGE BASIS FOR LAND TRAVEL, YOU ARE ENTITLED TO PAYMENT ON THAT BASIS FOR YOUR WIFE'S TRAVEL FROM HAMMOND, LOUISIANA, TO NEW YORK, NEW YORK. A SETTLEMENT FOR THE AMOUNT FOUND DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.