B-117810, FEB 25, 1954

B-117810, FEB 25, 1954

PRECIS-UNAVAILABLE

COMMANDER JAMES T. HODGSON, JR., USN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1953, REQUESTING REVIEW OF SETTLEMENT DATED MAY 25, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENT (STEP-DAUGHTER) FROM COLOMBO, CEYLON, TO NEW YORK, NEW YORK, BETWEEN MAY 31 AND JUNE 2, 1951.

THE RECORD SHOWS THAT WHILE STATIONED AT COLOMBO, CEYLON, YOU REQUESTED AUTHORITY TO RETURN THIS DEPENDENT TO THE UNITED STATES AT GOVERNMENT EXPENSE FOR HEALTH AND SCHOLASTIC REASONS; THAT YOU WERE ADVISED BY THE BUREAU OF NAVAL PERSONNEL THAT SUCH REQUEST FOR TRAVEL OF YOUR DEPENDENT PRIOR TO RECEIPT BY YOU OF CHANGE OF STATION ORDERS WAS DISAPPROVED; THAT YOUR DEPENDENT TRAVELED AT PERSONAL EXPENSE FROM COLOMBO, CEYLON, TO NEW YORK, NEW YORK, BETWEEN MAY 31 AND JUNE 2, 1951; AND THAT BY ORDERS DATED APRIL 15, 1952, YOU WERE TRANSFERRED FROM DUTY AT COLOMBO, CEYLON, TO THE UNITED STATES FOR TEMPORARY DUTY AND THENCE TO DUTY ABOARD THE U. S. S. BENHAM (DD-796).

REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE THAT MEMBERS OF THE UNIFORMED SERVICES IN PAY GRADES E-4 WITH NOT LESS THAN SEVEN YEARS SERVICE AND ABOVE WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF THEIR DEPENDENTS FROM THE PLACE WHERE SUCH DEPENDENTS ARE LOCATED UPON THE EFFECTIVE DATE OF THE ORDERS TO THE NEW STATION, OR BETWEEN OTHER POINTS INVOLVING NO GREATER COST, WITH A FURTHER PROVISION THAT DEPENDENTS AT OVERSEAS STATIONS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO POINTS IN THE UNITED STATES IN ADVANCE OF ISSUANCE OF PERMANENT CHANGE OF STATIONS ORDERS TO THE MEMBER CONCERNED WHERE SUCH ADVANCE TRAVEL IS APPROVED BY PROPER AUTHORITY AS WARRANTED DUE TO UNUSUAL OR EMERGENCY CONDITIONS. ALSO IT IS PROVIDED THAT TRANSPORTATION OF DEPENDENTS TO AND FROM THE UNITED STATES SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF AVAILABLE.

IN REPLY TO YOUR REQUEST FOR TRANSPORTATION OF YOUR STEP-DAUGHTER AT PUBLIC EXPENSE IN ADVANCE OF ORDERS RETURNING YOU TO THE UNITED STATES YOU WERE ADVISED BY THE CHIEF OF NAVAL PERSONNEL IN LETTER OF APRIL 4, 1951, THAT THE REASONS ASSIGNED BY YOU FOR THE NECESSITY FOR EARLY TRAVEL WERE NOT SUCH AS TO WARRANT THE FURNISHING OF COMMERCIAL TRANSPORTATION. SINCE THE QUESTION OF THE AVAILABILITY OF TRANSPORTATION BY GOVERNMENT VESSEL ORDINARILY DOES NOT ARISE EXCEPT IN CASES OF DEPENDENTS AT FOREIGN STATIONS WHO OTHERWISE WOULD BE ENTITLED TO COMMERCIAL TRANSPORTATION, THE STATEMENT IN THE LETTER OF APRIL 4, 1951, THAT NO GOVERNMENT VESSELS WERE OPERATING IN THE AREA OF YOUR STATION APPARENTLY WAS INTENDED TO INDICATE THAT HAD TRANSPORTS OWNED BY THE GOVERNMENT BEEN SAILING FROM CEYLON AN EFFORT WOULD HAVE BEEN MADE TO TRANSPORT YOUR DEPENDENT TO A PORT IN THE UNITED STATES ON A SPACE-AVAILABLE BASIS AS AN ACCOMMODATION TO YOU. UPON DETACHMENT UNDER THE ORDERS OF APRIL 15, 1952, YOU BECAME ENTITLED TO TRANSPORTATION OF ALL OF YOUR DEPENDENTS TO YOUR NEW PERMANENT STATION IN THE UNITED STATES, BUT A RIGHT TO TRANSPORTATION FROM COLOMBO, CEYLON, ACCRUED ONLY AS TO THE DEPENDENTS PRESENT THERE ON THE DATE OF YOUR DETACHMENT. SINCE YOUR STEP-DAUGHTER TRAVELED PRIOR TO YOUR PERMANENT CHANGE OF STATION AND WITHOUT APPROVAL OF PROPER AUTHORITY AS FOR EARLY TRAVEL BECAUSE OF UNUSUAL OR EMERGENCY CONDITIONS THERE IS NO LEGAL BASIS UPON WHICH YOU NOW MAY BE REIMBURSED. IF ANY TRAVEL WAS PERFORMED BY HER SUBSEQUENT TO THE EFFECTIVE DATE OF YOUR ORDERS OF APRIL 15, 1952, AND INCIDENT THERETO, A CLAIM FOR REIMBURSEMENT FOR ANY SUCH TRAVEL WHICH MAY HAVE BEEN PERFORMED AT PERSONAL EXPENSE, IF FILED IN THE GENERAL ACCOUNTING OFFICE, WILL BE CONSIDERED.

THE SETTLEMENT OF MAY 25, 1953, IS SUSTAINED.