B-124508, OCT. 11, 1955

B-124508: Oct 11, 1955

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YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT BASE AND ASSIGNED TO DUTY AT THULE AIR BASE. ALTHOUGH THE AUTHORIZATION WAS NOT GRANTED. REIMBURSEMENT FOR THE TRAVEL FROM THE LATTER POINT TO THE CANAL ZONE WAS DISALLOWED FOR THE REASON THAT THE TRAVEL HAD NOT BEEN AUTHORIZED. IN YOUR PRESENT LETTER YOU REQUEST THAT THE PAPERS OF YOUR CLAIM BE FORWARDED TO THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE IN THE EVENT AUTHORIZATION IS STILL REQUIRED FOR THE ADDITIONAL REIMBURSEMENT CLAIMED. PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED. HE IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE THEN LOCATED TO ANY PLACE IN THE UNITED STATES WHICH HE MAY DESIGNATE.

B-124508, OCT. 11, 1955

TO FIRST LIEUTENANT ROBERT L. SIMPSON, USAF, A01912249:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE DEPARTMENT OF THE AIR FORCE YOUR LETTER OF APRIL 4, 1955, ADDRESSED TO SETTLEMENT DIVISION, AIR FORCE FINANCE CENTER, DENVER, COLORADO, IN EFFECT REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT OF JANUARY 27, 1955, THAT DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO BALBOA, CANAL ZONE.

BY PARAGRAPH 13, SPECIAL ORDERS NO. 156, JULY 2, 1954, PRESQUE ISLE AIR FORCE BASE, PRESQUE ISLE, MAINE, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT BASE AND ASSIGNED TO DUTY AT THULE AIR BASE, THULE, GREENLAND, IT BEING PROVIDED THAT YOUR DEPENDENTS WOULD NOT ACCOMPANY YOU NOR JOIN YOU AT YOUR DESTINATION. ON APRIL 8, 1954, IN ANTICIPATION OF THOSE ORDERS, YOU REQUESTED AUTHORIZATION TO SHIP YOUR DEPENDENTS AND HOUSEHOLD EFFECTS TO BALBOA, CANAL ZONE. ALTHOUGH THE AUTHORIZATION WAS NOT GRANTED, YOUR DEPENDENTS TRAVELED FROM PRESQUE ISLE, MAINE, TO BALBOA, CANAL ZONE, VIA NEW YORK, NEW YORK, AT PERSONAL EXPENSE DURING THE PERIOD AUGUST 9 TO 22, 1954. THE SETTLEMENT MENTIONED ABOVE ALLOWED YOU REIMBURSEMENT FOR THEIR TRAVEL FROM PRESQUE ISLE, MAINE, TO THE PORT OF EMBARKATION, NEW YORK, NEW YORK. REIMBURSEMENT FOR THE TRAVEL FROM THE LATTER POINT TO THE CANAL ZONE WAS DISALLOWED FOR THE REASON THAT THE TRAVEL HAD NOT BEEN AUTHORIZED. IN YOUR PRESENT LETTER YOU REQUEST THAT THE PAPERS OF YOUR CLAIM BE FORWARDED TO THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE IN THE EVENT AUTHORIZATION IS STILL REQUIRED FOR THE ADDITIONAL REIMBURSEMENT CLAIMED.

PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS TRANSFERRED OR ASSIGNED UNDER PERMANENT CHANGE OF STATION ORDERS TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM, HE IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE THEN LOCATED TO ANY PLACE IN THE UNITED STATES WHICH HE MAY DESIGNATE, OR,"SUBJECT TO PRIOR APPROVAL" OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES. THE TRAVEL OF YOUR DEPENDENTS TO THE CANAL ZONE WAS NOT APPROVED PRIOR TO THEIR TRAVEL AND SINCE THERE IS NO PROVISION FOR REIMBURSEMENT FOR THEIR TRAVEL ON THE BASIS OF SUBSEQUENT APPROVAL IT MUST BE CONCLUDED THAT THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM NEW YORK TO THEIR DESTINATION IN THE CANAL ZONE. THEREFORE, THE SETTLEMENT OF JANUARY 27, 1955, IS SUSTAINED.