B-119238, JUL 6, 1954

B-119238, JUL 6, 1954

PRECIS-UNAVAILABLE

MR. WENDELL R. STEWART:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM BERLIN, GERMANY, TO CHAVIES, ALABAMA, INCIDENT TO YOUR SERVICE AS CORPORAL, REGULAR ARMY.

THE RECORD SHOWS THAT ON MARCH 5, 1952, YOU WERE MARRIED TO A GERMAN CITIZEN IN BERLIN, GERMANY, WHILE STATIONED AT OR NEAR THERE; THAT BY ORDERS DATED JUNE 16, 1952, YOU WERE RETURNED TO THE UNITED STATES; THAT ON JULY 12, 1952, YOU WERE DISCHARGED AT CAMP RUCKER, ALABAMA; THAT BY INVITATIONAL TRAVEL ORDERS ISSUED BY HEADQUARTERS, BERLIN MILITARY POST, APO 742, U. S. ARMY DATED JUNE 20, 1952, YOUR WIFE WAS AUTHORIZED TO PROCEED FROM FRANKFURT, GERMANY, TO CHAVIES, ALABAMA, YOUR HOME OF RECORD, BY COMMERCIAL AIR, IT BEING EXPRESSLY PROVIDED THAT THE TRANSPORTATION CORPS WOULD FURNISH TRANSPORTATION BY RAIL FROM BERLIN TO FRANKFURT AND THAT HER TRAVEL FROM THE LATTER POINT TO NEW YORK, NEW YORK, AND THENCE TO DESTINATION IN THE UNITED STATES "WILL BE AT INDIVIDUAL'S EXPENSE WITHOUT REIMBURSEMENT." SHE TRAVELED FROM BERLIN TO CHAVIES BY COMMERCIAL AIR, JUNE 22 TO 24, 1952, AT PERSONAL EXPENSE. YOU STATE THAT WHEN YOU RECEIVED THE ORDERS ON JUNE 16, 1952, ALL SPACES FOR DEPENDENT TRAVEL WERE FILLED UNTIL OCTOBER, 1952, AND THAT YOUR WIFE'S VISA (UNLESS RENEWED) WOULD HAVE EXPIRED IN AUGUST, 1952.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, OR UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES, SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT PROVIDE (PARAGRAPH 7000) THAT ENLISTED MEMBERS IN GRADE E-4 WITH LESS THAN SEVEN YEARS SERVICE ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE ON A PERMANENT CHANGE OF STATION AND (PARAGRAPH 7009) THAT COMMANDING OFFICERS OVERSEAS, WITH THE APPROVAL OF THE THEATER COMMANDER OR OTHER COMPETENT AUTHORITY, "MAY," AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS (WITHOUT REGARD TO RANK OR GRADE) ON DUTY AT STATIONS OUTSIDE THE UNITED STATES FROM SUCH STATIONS TO DESIGNATED LOCATIONS WITHIN THE UNITED STATES PRIOR OR SUBSEQUENT TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH PERSONNEL FROM THEIR STATIONS.

YOU WERE NOT IN A PAY GRADE ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION, AND THE OVERSEAS COMMANDER DID NOT AUTHORIZE TRAVEL BY YOUR WIFE AT GOVERNMENT EXPENSE, BUT INSTEAD ISSUED ORDERS WHICH EXPRESSLY PROVIDED THAT HER TRAVEL FROM YOUR OVERSEAS STATION TO THE DESIGNATED LOCATION IN THE UNITED STATES WOULD BE AT NO EXPENSE TO THE GOVERNMENT.

YOU EXPRESS THE BELIEF THAT THE JOINT TRAVEL REGULATIONS ARE NOT APPLICABLE TO YOUR CLAIM AND ALSO THAT YOU ARE ENTITLED TO REIMBURSEMENT BECAUSE YOUR WIFE WAS NOT AN AMERICAN CITIZEN BUT A GERMAN CITIZEN. HOWEVER, THERE APPEARS NO AUTHORITY OF LAW FOR THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE ON A REIMBURSEMENT BASIS AT THE TIME YOUR WIFE TRAVELED TO THE UNITED STATES OTHER THAN THAT CONTAINED IN THE CAREER COMPENSATION ACT AND IN THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT ACT, WHICH, ON APRIL 1, 1951, SUPERSEDED PRIOR LAWS AND REGULATIONS RELATING TO TRANSPORTATION OF DEPENDENTS. THE FACT THAT PRIOR LAWS AND REGULATIONS MAY HAVE AUTHORIZED THE PAYMENT OF SIMILAR CLAIMS OR THAT YOUR WIFE WAS A GERMAN CITIZEN PROVIDES NO BASIS FOR THE PAYMENT OF YOUR CLAIM. SINCE THE JOINT TRAVEL REGULATIONS CONTAIN NO PROVISION AUTHORIZING THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF JANUARY 26, 1954, MUST BE SUSTAINED.