B-123396, JUN. 27, 1955

B-123396: Jun 27, 1955

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TO MASTER SERGEANT DIMEDES RIVERA: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25. YOU WERE TRANSFERRED FROM FORT BUCHANAN. YOU WERE FURTHER TRANSFERRED TO FORT MONMOUTH. BY THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $5.40 AS REIMBURSEMENT FOR THEIR LAND TRAVEL FROM NEW YORK. WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE BUT NOT UTILIZED. PROVIDES (PARAGRAPH 7002-1B) THAT TRANSPORTATION FOR DEPENDENTS FOR TRAVEL TO AND FROM THE UNITED STATES WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL. IT IS REPORTED THAT GOVERNMENT VESSELS DEPARTED SAN JUAN FOR NEW YORK ON DECEMBER 29. THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS. SINCE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR THE OCEAN TRAVEL.

B-123396, JUN. 27, 1955

TO MASTER SERGEANT DIMEDES RIVERA:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25, 1955, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF DECEMBER 3, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 198, DATED OCTOBER 12, 1953, YOU WERE TRANSFERRED FROM FORT BUCHANAN, PUERTO RICO, TO CAMP RUCKER, ALABAMA, WHERE BY PARAGRAPH 11, SPECIAL ORDERS NO. 288, DATED DECEMBER 15, 1953, YOU WERE FURTHER TRANSFERRED TO FORT MONMOUTH, NEW JERSEY, FOR DUTY. YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED FROM SAN JUAN, PUERTO RICO, TO IDLEWILDE AIRPORT, NEW YORK, BY COMMERCIAL AIR, THENCE TO LONG BRANCH, NEW JERSEY, BY PRIVATELY OWNED VEHICLE, DECEMBER 19 TO 27, 1953, AT PERSONAL EXPENSE. BY THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $5.40 AS REIMBURSEMENT FOR THEIR LAND TRAVEL FROM NEW YORK, NEW YORK, TO LONG BRANCH, NEW JERSEY. REIMBURSEMENT FOR THEIR TRAVEL FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK, WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE BUT NOT UTILIZED.

JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES (PARAGRAPH 7002-1B) THAT TRANSPORTATION FOR DEPENDENTS FOR TRAVEL TO AND FROM THE UNITED STATES WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE. IN THE PRESENT CASE, IT IS REPORTED THAT GOVERNMENT VESSELS DEPARTED SAN JUAN FOR NEW YORK ON DECEMBER 29, 1953, AND JANUARY 21, 1954, AND THEREFORE, THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS. WHILE IT APPEARS THAT, DUE TO THE ILLNESS OF ONE OF YOUR CHILDREN ALREADY LOCATED IN THE UNITED STATES, YOUR WIFE DID NOT AWAIT A PORT CALL, SUCH FACTOR, BEING PERSONAL IN NATURE, DOES NOT CONSTITUTE A PROPER BASIS FOR REIMBURSEMENT FOR TRAVEL BY COMMERCIAL MEANS.

SINCE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR THE OCEAN TRAVEL, THE SETTLEMENT OF DECEMBER 3, 1954, IS SUSTAINED.