B-122698, APR 22, 1955

B-122698: Apr 22, 1955

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THOMPSON: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. ON THE BASIS THAT THE EARLY TRAVEL OF YOUR DEPENDENTS WAS NOT CONSIDERED TO BE IN THE BEST INTEREST OF THE GOVERNMENT. 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. WHERE SUCH ADVANCE TRAVEL IS APPROVED BY THE THEATER COMMANDER OR OTHER PROPER AUTHORITY AS BEING IN THE BEST INTEREST OF THE GOVERNMENT BECAUSE OF UNUSUAL OR EMERGENCY CONDITIONS. YOUR REQUEST FOR TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE IN ADVANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS DISAPPROVED BY THE THEATER COMMANDER FOR THE STATED REASON THAT ILLNESS OR DEATH IN DEPENDENTS' FAMILIES WAS NOT CONSIDERED A PROPER BASIS FOR EARLY RETURN OF DEPENDENTS TO THE UNITED STATES.

B-122698, APR 22, 1955

PRECIS-UNAVAILABLE

MASTER SERGEANT GENE L. THOMPSON:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1954, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 1, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM MUNICH, GERMANY, TO ATLANTA, GEORGIA, ON APRIL 8, 1954.

THE RECORD SHOWS THAT ON MARCH 31, 1954, WHILE STATIONED IN GERMANY, YOU REQUESTED AUTHORITY TO RETURN YOUR DEPENDENTS TO THE UNITED STATES AT GOVERNMENT EXPENSE BECAUSE OF THE SERIOUS ILLNESS OF YOUR WIFE'S MOTHER. YOUR COMMANDING OFFICER RECOMMENDED TO HIGHER AUTHORITY THAT YOUR REQUEST BE APPROVED. ON APRIL 6, 1954, HOWEVER, THE THEATER COMMANDER DISAPPROVED THE REQUEST FOR TRAVEL OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE PRIOR TO RECEIPT BY YOU OF CHANGE-OF-STATION ORDERS, ON THE BASIS THAT THE EARLY TRAVEL OF YOUR DEPENDENTS WAS NOT CONSIDERED TO BE IN THE BEST INTEREST OF THE GOVERNMENT. AS A RESULT, YOUR DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM MUNICH, GERMANY, TO ATLANTA, GEORGIA, ON APRIL 8, 1954.

JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE (PARAGRAPH 7000) THAT MEMBERS OF THE UNIFORMED SERVICES IN PAY GRADES E-4 (WITH 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 AT NO GREATER COST. THESE REGULATIONS FURTHER PROVIDE (PARAGRAPH 7009) 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-STATION ORDERS TO THE MEMBER CONCERNED, WHERE SUCH ADVANCE TRAVEL IS APPROVED BY THE THEATER COMMANDER OR OTHER PROPER AUTHORITY AS BEING IN THE BEST INTEREST OF THE GOVERNMENT BECAUSE OF UNUSUAL OR EMERGENCY CONDITIONS.

YOUR REQUEST FOR TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE IN ADVANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS DISAPPROVED BY THE THEATER COMMANDER FOR THE STATED REASON THAT ILLNESS OR DEATH IN DEPENDENTS' FAMILIES WAS NOT CONSIDERED A PROPER BASIS FOR EARLY RETURN OF DEPENDENTS TO THE UNITED STATES, AS CONTEMPLATED BY PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS. SINCE YOUR DEPENDENTS TRAVELED PRIOR TO YOUR PERMANENT CHANGE OF STATION, AND WITHOUT APPROVAL OF PROPER AUTHORITY FOR EARLY TRAVEL BECAUSE OF UNUSUAL OR EMERGENCY CONDITIONS, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 1, 1954, IS SUSTAINED.