B-121194, FEB 17, 1955

B-121194: Feb 17, 1955

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AF-AO-437413: REFERENCE IS MADE TO YOUR LETTER OF JUNE 29. YOU WERE TRANSFERRED FROM DUTY AT FORBES AIR FORCE BASE. TRANSPORTATION OF DEPENDENTS TO A DESIGNATED PLACE IN THE UNITED STATES AT PUBLIC EXPENSE WAS AUTHORIZED IN THOSE ORDERS. THESE REGULATIONS PROVIDE (PARAGRAPH 3(4) THAT INFANT DEPENDENTS BETWEEN THE AGES OF SIX WEEKS AND SIX MONTHS MAY BE TRANSPORTED TO OVERSEAS STATIONS (ON GOVERNMENT VESSELS) ONLY IF PROVISIONS ARE MADE FOR THE TRAVEL AND QUARTERING TOGETHER OF THE FAMILY AS A UNIT. THAT IS. ISSUED A TRAVEL AUTHORIZATION UNDER WHICH YOUR DEPENDENTS WERE AUTHORIZED. A PORT CALL WAS ISSUED TO YOUR WIFE DIRECTING HER TO REPORT TO SAN FRANCISCO PORT OF EMBARKATION ON MARCH 25.

B-121194, FEB 17, 1955

PRECIS-UNAVAILABLE

MAJOR PERRY W. KEMPSTER, AF-AO-437413:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 20, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SEATTLE, WASHINGTON, TO OKINAWA, BY COMMERCIAL AIR, APRIL 2 TO 4, 1953.

BY PARAGRAPH 13, SPECIAL ORDERS NO. 197, DATED OCTOBER 13, 1952, YOU WERE TRANSFERRED FROM DUTY AT FORBES AIR FORCE BASE, TOPEKA, KANSAS, TO DUTY IN OKINAWA. TRANSPORTATION OF DEPENDENTS TO A DESIGNATED PLACE IN THE UNITED STATES AT PUBLIC EXPENSE WAS AUTHORIZED IN THOSE ORDERS. YOUR DEPENDENTS (WIFE AND TWO CHILDREN) APPARENTLY TRAVELED FROM TOPEKA, KANSAS, TO ST. PAUL, MINNESOTA, AT THAT TIME. ON JANUARY 8, 1953, YOU ACQUIRED A PRIVATE DWELLING IN OKINAWA. ON FEBRUARY 4, 1953, YOU APPLIED FOR EMERGENCY LEAVE TO RETURN TO THE UNITED STATES WITH A VIEW TO TRANSPORTING YOUR WIFE AND TWO CHILDREN, THE YOUNGER BORN ON DECEMBER 12, 1952, TO YOUR OVERSEAS STATION UNDER AIR FORCE REGULATIONS 75-17. THESE REGULATIONS PROVIDE (PARAGRAPH 3(4) THAT INFANT DEPENDENTS BETWEEN THE AGES OF SIX WEEKS AND SIX MONTHS MAY BE TRANSPORTED TO OVERSEAS STATIONS (ON GOVERNMENT VESSELS) ONLY IF PROVISIONS ARE MADE FOR THE TRAVEL AND QUARTERING TOGETHER OF THE FAMILY AS A UNIT, THAT IS, THE INFANT, THE MOTHER AND THE FATHER. FEBRUARY 9, 1953, HEADQUARTERS FIFTH ARMY, CHICAGO, ILLINOIS, ISSUED A TRAVEL AUTHORIZATION UNDER WHICH YOUR DEPENDENTS WERE AUTHORIZED, UPON CALL OF THE PORT COMMANDER, TO PROCEED TO THE APPROPRIATE PORT OF EMBARKATION FOR WATER TRANSPORTATION TO THE PORT OF DEBARKATION, IT BEING FURTHER PROVIDED THAT DEPENDENTS COULD ELECT TO PERFORM TRAVEL FROM THE CONTINENTAL UNITED STATES BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT. ON FEBRUARY 26, 1953, A PORT CALL WAS ISSUED TO YOUR WIFE DIRECTING HER TO REPORT TO SAN FRANCISCO PORT OF EMBARKATION ON MARCH 25, 1953, FOR TRAVEL AS A FAMILY UNIT.

ON MARCH 2, 1953, HEADQUARTERS, FAR EAST AIR FORCE, DISAPPROVED YOUR APPLICATION FOR LEAVE, STATING THAT THERE HAD BEEN NO CHANGE IN THE POLICY REGARDING TRAVEL OF DEPENDENTS INVOLVING CHILDREN UNDER SIX MONTHS OF AGE. IT WAS FURTHER EXPLAINED THAT PARAGRAPH 9, FAR EAST AIR FORCE REGULATION 35-10, AUGUST 4, 1952, PROVIDES THAT SPONSORS MAY SUBMIT APPLICATION FOR GOVERNMENT UNACCOMPANIED AIR TRAVEL OF DEPENDENTS WITH INFANTS WHOSE AGE WILL BE BETWEEN SIX WEEKS AND FIVE MONTHS AT NORMALLY SCHEDULED TIME OF DEPARTURE FROM THE ZONE OF THE INTERIOR, AND THAT SINCE "DEPENDENTS ARE NORMALLY SCHEDULED FOR DEPARTURE FROM THE ZONE OF THE INTERIOR WHEN GOVERNMENT HOUSING IS AVAILABLE ON A PRIORITY BASIS," AN APPROVAL OF YOUR APPLICATION "WOULD CONSTITUTE PREFERENTIAL TREATMENT." IN VIEW OF THE DISAPPROVAL OF YOUR REQUEST, THE COMMANDING GENERAL, SAN FRANCISCO PORT OF EMBARKATION, REQUESTED THE COMMANDING GENERAL, FIFTH ARMY, TO DEFER YOUR WIFE'S PORT CALL. WHILE IT DOES NOT APPEAR THAT THE DEFERMENT WAS COMMUNICATED TO YOUR WIFE, THAT FACT IS IMMATERIAL SINCE YOUR DEPENDENTS DID NOT AWAIT TRANSPORTATION BY GOVERNMENT MEANS BUT ELECTED, UNDER THE AUTHORITY TO DO SO CONTAINED IN THE TRAVEL AUTHORIZATION OF FEBRUARY 9, 1953, TO TRAVEL BY COMMERCIAL AIR AT PERSONAL EXPENSE.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES TO OVERSEAS DESTINATIONS LONG HAS BEEN CONTROLLED BY THE SERVICE CONCERNED AND HAS BEEN FURNISHED ON A PRIORITY BASIS INVOLVING VARIOUS FACTORS SUCH AS THE AVAILABILITY OF HOUSING AND GOVERNMENT TRANSPORTATION. IN THE PRESENT CASE, IT SEEMS CLEAR THAT DEPENDENTS WERE NOT TO JOIN MEMBERS AT THEIR OVERSEAS STATION AT GOVERNMENT EXPENSE UNTIL GOVERNMENT HOUSING WAS AVAILABLE FOR THEM ON A PRIORITY BASIS AT WHICH TIME GOVERNMENT TRANSPORTATION SUITABLE TO THE AGES OF THE DEPENDENTS WOULD BE FURNISHED, LIKEWISE ON A PRIORITY BASIS. WHILE MEMBERS MIGHT PROCURE PRIVATE HOUSING BY LEASE OR PURCHASE, THE EFFECT OF DOING SO WAS ONLY TO PERMIT TRAVEL OF DEPENDENTS TO THE STATION BEFORE BEING REACHED ON THE PRIORITY LIST, IF ARRANGED BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT. SINCE YOUR DEPENDENTS TRAVELED UNDER THE LATTER CONDITIONS, THERE IS NO AUTHORITY FOR REIMBURSEMENT OF THE COST INCURRED.

ACCORDINGLY, THE SETTLEMENT OF MAY 20, 1954, IS SUSTAINED.