B-121069, APR 22, 1955

B-121069: Apr 22, 1955

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PRECIS-UNAVAILABLE MAGDALENA ZOLDAK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. THAT BEFORE ARRANGEMENTS WERE COMPLETED FOR YOU TO FOLLOW HIM HE WAS KILLED IN AN AUTOMOBILE ACCIDENT ON APRIL 9. THAT YOU WERE NOTIFIED OF HIS DEATH BY DISPATCH FROM THE COMMANDING GENERAL. THAT YOU WERE UNSUCCESSFUL SINCE NO ORDERS HAD BEEN ISSUED COVERING YOUR TRAVEL TO THE UNITED STATES. PARAGRAPH 7002-1(B) OF SUCH REGULATIONS PROVIDES THAT TRAVEL OF DEPENDENTS TO THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL. WHILE IT IS RECOGNIZED THAT AN IMMEDIATE DEPARTURE WAS NECESSARY IN ORDER FOR YOU TO ATTEND YOUR HUSBAND'S FUNERAL. THAT IF YOU HAD TRAVELED BY GOVERNMENT VESSEL YOU UNDOUBTEDLY WOULD HAVE ARRIVED TOO LATE FOR THAT PURPOSE.

B-121069, APR 22, 1955

PRECIS-UNAVAILABLE

MAGDALENA ZOLDAK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 2, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR TRANSPORTATION BY COMMERCIAL AIRCRAFT FROM FRANKFURT, GERMANY, TO YOUNGSTOWN, OHIO, IN APRIL 1953.

IT APPEARS THAT YOUR LATE HUSBAND, CORPORAL FRANK R. ZOLDAK, REGULAR ARMY, TRAVELED FROM GERMANY TO THE UNITED STATES PURSUANT TO ORDERS OF MAY 20, 1952; THAT BEFORE ARRANGEMENTS WERE COMPLETED FOR YOU TO FOLLOW HIM HE WAS KILLED IN AN AUTOMOBILE ACCIDENT ON APRIL 9, 1953; AND THAT YOU WERE NOTIFIED OF HIS DEATH BY DISPATCH FROM THE COMMANDING GENERAL, CAMP PICKETT, VIRGINIA. YOU SAY THAT YOU TRIED TO SECURE TRANSPORTATION BY MILITARY AIRCRAFT SO THAT YOU COULD BE PRESENT AT HIS FUNERAL, BUT THAT YOU WERE UNSUCCESSFUL SINCE NO ORDERS HAD BEEN ISSUED COVERING YOUR TRAVEL TO THE UNITED STATES, AND THAT AS A CONSEQUENCE YOU SECURED TRANSPORTATION FROM FRANKFURT TO NEW YORK, NEW YORK, BY ROYAL DUTCH AIRLINES (KLM).

PARAGRAPH 7010, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER OF THE UNIFORMED SERVICES DIES WHILE ON ACTIVE DUTY, HIS DEPENDENTS MAY BE MOVED AT GOVERNMENT EXPENSE TO ANY PLACE THEY MAY DESIGNATE. PARAGRAPH 7002-1(B) OF SUCH REGULATIONS PROVIDES THAT TRAVEL OF DEPENDENTS TO THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE." WHILE IT IS RECOGNIZED THAT AN IMMEDIATE DEPARTURE WAS NECESSARY IN ORDER FOR YOU TO ATTEND YOUR HUSBAND'S FUNERAL, AND THAT IF YOU HAD TRAVELED BY GOVERNMENT VESSEL YOU UNDOUBTEDLY WOULD HAVE ARRIVED TOO LATE FOR THAT PURPOSE, THE FOREGOING REGULATIONS DO NOT AUTHORIZE THE FURNISHING OF TRANSPORTATION FOR THE PURPOSE OF ATTENDING FUNERALS OF DECEASED MILITARY PERSONNEL. TRANSPORTATION IS AUTHORIZED AT GOVERNMENT EXPENSE ONLY FOR THE PURPOSE OF MOVING DEPENDENTS TO A SELECTED LOCATION, AND SINCE IT IS UNDERSTOOD THAT GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN FURNISHED FROM GERMANY TO NEW YORK, IF REQUESTED, THERE IS NO AUTHORITY FOR REIMBURSING YOU FOR THE COST OF YOUR TRAVEL TO THE UNITED STATES BY COMMERCIAL AIRCRAFT.

CONCERNING YOUR TRAVEL FROM NEW YORK TO YOUNGSTOWN, YOU ARE ADVISED THAT THE REGULATIONS DO NOT AUTHORIZE THE TRANSPORTATION OF DEPENDENTS BY COMMERCIAL AIRCRAFT AT GOVERNMENT EXPENSE WITHIN THE UNITED STATES. SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED FIRST-CLASS RAIL TRANSPORTATION BETWEEN THOSE TWO PLACES.