B-125210, NOV. 8, 1955

B-125210: Nov 8, 1955

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RA: REFERENCE IS MADE TO YOUR LETTERS OF JUNE 29 AND AUGUST 3. YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT FORT AND TRANSFERRED TO U.S. YOU WERE ASSIGNED TO DUTY AT PERIGUEUX. WAS BY COMMERCIAL AIR. THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL TO OR BETWEEN OVERSEAS STATIONS IS CONTROLLED BY THE DEPARTMENT OF THE ARMY ON A PRIORITY BASIS AND SUCH TRANSPORTATION IS TO BE BY GOVERNMENT VESSEL. ARE AUTHORIZED TO HAVE THEIR DEPENDENTS MOVED FROM THEIR OLD STATION TO THEIR NEW STATION PROVIDED ARRANGEMENTS FOR SUCH TRAVEL CAN BE MADE AND THE TRAVEL IS DEEMED ADVISABLE BY THE OVERSEAS COMMANDER CONCERNED. IT IS PROVIDED THAT PERSONNEL RESIDING WITH THEIR DEPENDENTS IN AN OVERSEAS COMMAND WILL.

B-125210, NOV. 8, 1955

TO MASTER SERGEANT FELIPE RAMOS, RA:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 29 AND AUGUST 3, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 4, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM RIO PIEDRAS, PUERTO RICO, TO PERIGUEUX, FRANCE.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 232, DATED OCTOBER 30, 1953, FORT BUCHANAN, PUERTO RICO, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT FORT AND TRANSFERRED TO U.S. ARMY EUROPE. BY PARAGRAPH 54, SPECIAL ORDERS NO. 288, DATED NOVEMBER 23, 1953, HEADQUARTERS 307TH REPLACEMENT GROUP, YOU WERE ASSIGNED TO DUTY AT PERIGUEUX, FRANCE. YOUR WIFE TRAVELED FROM RIO PIEDRAS, PUERTO RICO, TO PERIGUEUX, FRANCE, AT PERSONAL EXPENSE DURING THE PERIOD FEBRUARY 28 TO MARCH 4, 1954. THE OCEAN TRAVEL FROM PUERTO RICO TO FRANCE VIA NEW YORK, NEW YORK, WAS BY COMMERCIAL AIR.

THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL TO OR BETWEEN OVERSEAS STATIONS IS CONTROLLED BY THE DEPARTMENT OF THE ARMY ON A PRIORITY BASIS AND SUCH TRANSPORTATION IS TO BE BY GOVERNMENT VESSEL, IF AVAILABLE. SEE SPECIAL REGULATIONS 55-765-5 AND PARAGRAPH 7002B, JOINT TRAVEL REGULATIONS. THOSE REGULATIONS PROVIDE THAT PERSONNEL RESIDING WITH THEIR DEPENDENTS IN AN OVERSEAS COMMAND, UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS TO ANOTHER OVERSEAS STATION, ARE AUTHORIZED TO HAVE THEIR DEPENDENTS MOVED FROM THEIR OLD STATION TO THEIR NEW STATION PROVIDED ARRANGEMENTS FOR SUCH TRAVEL CAN BE MADE AND THE TRAVEL IS DEEMED ADVISABLE BY THE OVERSEAS COMMANDER CONCERNED. ALSO, IT IS PROVIDED THAT PERSONNEL RESIDING WITH THEIR DEPENDENTS IN AN OVERSEAS COMMAND WILL, UPON RECEIPT OF ORDERS FOR REASSIGNMENT TO ANOTHER OVERSEAS COMMAND, REQUEST THE COMMAND IN WHICH LOCATED TO CONTACT THE COMMAND OF DESTINATION REQUESTING AUTHORITY TO MOVE DEPENDENTS TO THAT COMMAND.

THE SETTLEMENT OF FEBRUARY 4, 1955, WAS BASED ON A REPORT FROM THE DEPARTMENT OF THE ARMY THAT GOVERNMENT WATER TRANSPORTATION FROM PUERTO RICO TO FRANCE WAS AVAILABLE FOR YOUR DEPENDENT AT THE TIME SHE TRAVELED TO FRANCE. WHILE THE RECORD DOES NOT SHOW WHETHER OR NOT YOU APPLIED FOR TRANSPORTATION FOR HER TO YOUR NEW OVERSEAS STATION, IT IS EXPRESSLY STATED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE AND WAS NOT REFUSED. AS INDICATED IN YOUR LETTER, UNREASONABLE DELAYS IN SECURING GOVERNMENT TRANSPORTATION ARE NOT REQUIRED, BUT THE OFFICIAL REPORTS FROM DEPARTMENT OF THE ARMY SHOW THAT NO SUCH DELAY WOULD HAVE BEEN ENCOUNTERED BY YOUR WIFE HAD GOVERNMENT TRANSPORTATION BEEN UTILIZED. IN VIEW OF THOSE FACTS, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM AND THE SETTLEMENT OF FEBRUARY 4, 1955, IS SUSTAINED.