B-123477, MAY 19, 1955

B-123477: May 19, 1955

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YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT PLACE AND DIRECTED TO PROCEED AND REPORT TO TRAVIS AIR FORCE BASE. YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED TO NEW YORK FOR MOVEMENT TO PUERTO RICO IN ACCORDANCE WITH SPECIAL REGULATIONS 55-765-5. STATES THAT SUCH PORT CALL WAS ISSUED ON AUGUST 13. THAT THE CALL WAS CANCELLED UPON RECEIPT OF INFORMATION FROM YOU THAT YOUR DEPENDENTS HAD ALREADY PROCEEDED TO PURERTO RICO BY COMMERCIAL MEANS. TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949. PROVIDES THAT TRAVEL OF DEPENDENTS TO AND FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL.

B-123477, MAY 19, 1955

PRECIS-UNAVAILABLE

COLONEL ROSCOE L. NORMAN, USAF:

YOUR LETTER OF JANUARY 31, 1955, REQUESTS REVIEW OF SETTLEMENT DATED OCTOBER 29, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' (WIFE AND TWO MINOR CHILDREN) TRANSPORTATION BY COMMERCIAL AIR FROM NEW YORK, NEW YORK, TO SAN JUAN, PUERTO RICO, DURING THE PERIOD JULY 23 - 24, 1953.

BY ORDERS OF JULY 8, 1953, ISSUED AT WESTOVER AIR FORCE BASE, MASSACHUSETTS, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT PLACE AND DIRECTED TO PROCEED AND REPORT TO TRAVIS AIR FORCE BASE, CALIFORNIA, NOT LATER THAN AUGUST 17, 1953, FOR FURTHER ASSIGMENT TO FAR EAST AIR FORCE. DEPENDENT TRAVEL AUTHORIZATION ISSUED JULY 20, 1953, BY THE ADJUTANT GENERAL WASHINGTON, D. C., PROVIDED THAT UPON CALL FROM THE PORT COMMANDER, NEW YORK PORT OF EMBARKATION, YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED TO NEW YORK FOR MOVEMENT TO PUERTO RICO IN ACCORDANCE WITH SPECIAL REGULATIONS 55-765-5, AS AMENDED, AND PARAGRAPH 7008, JOINT TRAVEL REGULATIONS, AS AMENDED. SECOND INDORSEMENT OF AUGUST 26, 1953, HEADQUARTERS, NEW YORK PORT OF EMBARKATION, STATES THAT SUCH PORT CALL WAS ISSUED ON AUGUST 13, 1953, FOR YOUR DEPENDENTS TO REPORT ON SEPTEMBER 7, 1953, FOR WATER TRANSPORTATION TO PUERTO RICO, THAT BEING THE FIRST AVAILABLE TRANSPORTATION, AND THAT THE CALL WAS CANCELLED UPON RECEIPT OF INFORMATION FROM YOU THAT YOUR DEPENDENTS HAD ALREADY PROCEEDED TO PURERTO RICO BY COMMERCIAL MEANS.

TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 7002 1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT TRAVEL OF DEPENDENTS TO AND FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE, AND ITS USE WILL NOT OCCASION A DELAY OF MORE THAN THIRTY DAYS AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION." DETERMINATION OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION FOR TRAVEL OF YOUR DEPENDENTS WAS MADE. INSTEAD, A TRAVEL AUTHORIZATION WAS ISSUED PROVIDING ONLY FOR THEIR TRAVEL BY GOVERNMENT TRANSPORT UPON CALL OF THE PORT COMMANDER. IN THESE CIRCUMSTANCES, IT MUST BE CONSIDERED THAT TRANSPORTATION IN KIND WAS AVAILABLE WITHIN THE MEANING OF THE APPLICABLE REGULATIONS.

WITH RESPECT TO THE PROVISIONS OF PARAGRAPH 7002-1D3, JOINT TRAVEL REGULATIONS, WHICH STATE THAT USE OF AVAILABLE GOVERNMENT TRANSPORTATION WILL NOT BE REQUIRED IF "IT WOULD SEPARATE A FAMILY WHO WOULD OTHERWISE TRAVEL TOGETHER," YOU ARE ADVISED THAT SUCH PROVISION IS APPLICABLE TO TRAVEL TO A NEW PERMANENT STATION TO WHICH BOTH THE MEMBER AND HIS DEPENDENTS ARE AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE. UPON ASSIGNMENT TO DUTY OVERSEAS, AN OFFICER IS AUTHORIZED TO TRAVEL TO THAT PLACE AT GOVERNMENT EXPENSE, NOT TO THE PLACE HE DESIGNATES UNDER PARAGRAPH 7008-3, JOINT TRAVEL REGULATIONS, AS A PLACE OF RESIDENCE FOR HIS DEPENDENTS. HIS RIGHTS ARE NOT INCREASED IN ANY WAY IF HE TRAVELS ON LEAVE WITH HIS DEPENDENTS TO THE DESIGNATED PLACE BEFORE DEPARTING FOR HIS NEW STATION.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 29, 1954, IS SUSTAINED.

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