B-119239, JUL 1, 1954

B-119239: Jul 1, 1954

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DIRECT AUTOMOTIVE SUPPORT: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29. IT APPEARS THAT YOU WERE ASSIGNED TO OVERSEAS DUTY BY SPECIAL ORDERS NO. 157. THAT THEREAFTER ON NOVEMBER 12 AN ORDER WAS ISSUED AUTHORIZING THE TRAVEL. SUCH ORDERS WERE AMENDED TO SHOW THAT THE TRAVEL WAS AT NO EXPENSE TO THE GOVERNMENT AND NO PORT CALL WOULD BE ISSUED. YOUR CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION EXPENSE IS BASED ON YOUR ALLEGATION THAT UPON THE APPROACH OF WINTER YOUR WIFE WAS UNABLE TO TAKE CARE OF THE FURNACE IN THE HOUSE IN WHICH SHE WAS LIVING IN WAPAKONETA. IT LONG HAS BEEN RECOGNIZED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE IS NOT AN ABSOLUTE RIGHT BUT ONE WHICH MAY BE SUSPENDED OR DENIED FOR MILITARY REASONS.

B-119239, JUL 1, 1954

PRECIS-UNAVAILABLE

CAPTAIN PAUL W. MATTHEW, 546TH ORDANCE COMPANY, DIRECT AUTOMOTIVE SUPPORT:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1954, REQUESTING REVIEW OF SETTLEMENT OF JANUARY 5, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR WIFE AND INFANT SON FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY, NOVEMBER 3 AND 4, 1952.

IT APPEARS THAT YOU WERE ASSIGNED TO OVERSEAS DUTY BY SPECIAL ORDERS NO. 157, DATED AUGUST 2, 1952; THAT YOUR WIFE AND SON TRAVELED FROM NEW YORK CITY TO FRANKFURT, GERMANY, BY COMMERCIAL AIR ON NOVEMBER 3 AND 4 , 1952; THAT THEREAFTER ON NOVEMBER 12 AN ORDER WAS ISSUED AUTHORIZING THE TRAVEL; AND THAT ON DECEMBER 2, 1952, SUCH ORDERS WERE AMENDED TO SHOW THAT THE TRAVEL WAS AT NO EXPENSE TO THE GOVERNMENT AND NO PORT CALL WOULD BE ISSUED. YOUR CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION EXPENSE IS BASED ON YOUR ALLEGATION THAT UPON THE APPROACH OF WINTER YOUR WIFE WAS UNABLE TO TAKE CARE OF THE FURNACE IN THE HOUSE IN WHICH SHE WAS LIVING IN WAPAKONETA, OHIO, AND THAT SINCE GOVERNMENT QUARTERS OVERSEAS WOULD NOT BE AVAILABLE UNTIL THE END OF JANUARY, 1953, INDICATING THAT GOVERNMENT TRANSPORTATION FOR YOUR DEPENDENTS WOULD NOT BE FURNISHED UNTIL THAT TIME, YOU ARRANGED FOR THEM TO JOIN YOU IN GERMANY AT PERSONAL EXPENSE.

IT LONG HAS BEEN RECOGNIZED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE IS NOT AN ABSOLUTE RIGHT BUT ONE WHICH MAY BE SUSPENDED OR DENIED FOR MILITARY REASONS. CULO V. UNITED STATES, 76 C. CLS. 507. THE TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS HAS BEEN STRICTLY CONTROLLED BY THE ARMY FOR MANY YEARS, THE PROCEDURE UNDER SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, BEING TO FURNISH ELIGIBLE PERSONNEL ORDERED TO OVERSEAS DUTY TRANSPORTATION FOR THEIR DEPENDENTS ON A PRIORITY BASIS DEPENDENT UPON THE AVAILABILITY OF GOVERNMENT HOUSING: WHILE YOU STATE THAT YOU "DID NOT APPLY FOR REIMBURSEMENT FOR THE TRAVEL PERFORMED UNDER THE PROVISIONS OF ANY JOINT TRAVEL REGULATION," NEVERTHELESS THE JOINT TRAVEL REGULATIONS WERE PROMULGATED IN ACCORDANCE WITH THE SAID SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949 AND YOUR RIGHT TO REIMBURSEMENT IS GOVERNED THEREBY. PARAGRAPH 7002(2)(A) OF SUCH REGULATIONS PROVIDES FOR REIMBURSEMENT FOR COST OF TRAVEL PERFORMED BY DEPENDENTS OF MILITARY PERSONNEL TO AN OVERSEAS DUTY STATION VIA COMMERCIAL AIR FACILITIES WHEN (1) GOVERNMENT TRANSPORTATION IS NOT AVAILABLE OR (2) THE ORDER DIRECTING THE TRAVEL INDICATES THAT SUCH COMMERCIAL TRANSPORTATION IS IN THE BEST INTERESTS OF THE GOVERNMENT. SINCE A TRAVEL AUTHORIZATION FOR YOUR DEPENDENTS WAS ISSUED ON NOVEMBER 12, 1952, IT IS EVIDENT THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN FURNISHED THEM IN THEIR REGULAR TURN ON THE PRIORITY LIST, AND THE FACT THAT FOR PERSONAL REASONS YOU TRANSPORTED THEM TO YOUR OVERSEAS STATION AT AN EARLIER DATE AT PERSONAL EXPENSE AFFORDS NO LEGAL BASIS FOR REIMBURSING YOU FOR THE COST OF SUCH TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 5, 1954, IS SUSTAINED.