B-125454, OCT. 31, 1955

B-125454: Oct 31, 1955

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THE DISALLOWANCE OF YOUR CLAIM WAS FOR THE REASON THAT THERE WAS NO AUTHORIZATION OR APPROVAL BY THE ADMINISTRATIVE OFFICE FOR THE USE OF COMMERCIAL AIR TRANSPORTATION BY YOUR DEPENDENT AT THE EXPENSE OF THE UNITED STATES AND THE RECORD SHOWS THAT TRANSPORTATION BY MEANS OF GOVERNMENT VESSEL WOULD HAVE BEEN AVAILABLE WITHIN THREE MONTHS OF JULY 1948. WHEN YOU SUBMITTED YOUR ORIGINAL CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION OF YOUR WIFE YOU STATED THAT THE REASON FOR THE RETURN OF YOUR WIFE WAS DUE TO THE EMERGENCY SITUATION IN GERMANY. NOW APPROXIMATELY FIVE AND ONE HALF YEARS LATER YOU REQUEST REVIEW OF THE DISALLOWANCE OF YOUR CLAIM AND ADVANCE THE REASON THAT THE RETURN OF YOUR WIFE WAS NECESSITATED BECAUSE SHE HAD TO BE BACK WITHIN THE YEAR SHE DEPARTED FROM THE UNITED STATES UNDER HER REENTRY PERMIT AS AN ALIEN.

B-125454, OCT. 31, 1955

TO MR. GUNTHER G. WEINSTOCK:

YOUR LETTER OF JULY 29, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF DECEMBER 4, 1950, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR DEPENDENT (WIFE) FROM BERLIN, GERMANY, TO NEW YORK, NEW YORK.

THE DISALLOWANCE OF YOUR CLAIM WAS FOR THE REASON THAT THERE WAS NO AUTHORIZATION OR APPROVAL BY THE ADMINISTRATIVE OFFICE FOR THE USE OF COMMERCIAL AIR TRANSPORTATION BY YOUR DEPENDENT AT THE EXPENSE OF THE UNITED STATES AND THE RECORD SHOWS THAT TRANSPORTATION BY MEANS OF GOVERNMENT VESSEL WOULD HAVE BEEN AVAILABLE WITHIN THREE MONTHS OF JULY 1948, OR IN SEPTEMBER 1948.

THE RECORDS SHOW THAT BY LETTER OF JULY 20, 1948, TO THE COMMANDING OFFICER, BERLIN MILITARY POST, APO 742, U.S. ARMY, YOU REQUESTED THAT YOUR WIFE BE RETURNED TO THE UNITED STATES BECAUSE OF THE POLITICAL SITUATION IN BERLIN. IN LETTER OF AUGUST 14, 1948, YOU REQUESTED THAT THE TRAVEL ORDERS BE CHANGED TO PROVIDE FOR THE USE OF COMMERCIAL AIR LINES AT YOUR EXPENSE BETWEEN BERLIN, GERMANY, AND NEW YORK, NEW YORK, ONLY. IN LETTER OF JULY 11, 1949, TO OUR OFFICE, WHEN YOU SUBMITTED YOUR ORIGINAL CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION OF YOUR WIFE YOU STATED THAT THE REASON FOR THE RETURN OF YOUR WIFE WAS DUE TO THE EMERGENCY SITUATION IN GERMANY. NOW APPROXIMATELY FIVE AND ONE HALF YEARS LATER YOU REQUEST REVIEW OF THE DISALLOWANCE OF YOUR CLAIM AND ADVANCE THE REASON THAT THE RETURN OF YOUR WIFE WAS NECESSITATED BECAUSE SHE HAD TO BE BACK WITHIN THE YEAR SHE DEPARTED FROM THE UNITED STATES UNDER HER REENTRY PERMIT AS AN ALIEN. YOU STATE YOU HAD BROUGHT THIS TO THE ATTENTION OF THE AUTHORITIES IN BERLIN AT THE TIME OF YOUR REQUEST FOR TRANSPORTATION FOR HER TO THE UNITED STATES. THERE IS NOTHING IN THE RECORD TO INDICATE THAT YOU HAD ADVANCED THIS REASON TO THE AUTHORITIES IN BERLIN. ON THE CONTRARY, THE REASON STATED BY YOU AT THE TIME OF YOUR REQUEST FOR YOUR WIFE'S TRANSPORTATION WAS BECAUSE OF THE POLITICAL SITUATION IN BERLIN.

YOUR DELAY IN REQUESTING RECONSIDERATION OF YOUR CLAIM UNDOUBTEDLY WOULD PRECLUDE VERIFICATION OF THE REASON NOW ADVANCED FOR RETURNING YOUR WIFE TO THE UNITED STATES PRIOR TO YOUR OWN RETURN. THE OFFICIALS WHO MIGHT HAVE BEEN IN A POSITION TO RECALL THE DETAILS PROBABLY HAVE BEEN TRANSFERRED TO OTHER INSTALLATIONS AND, EVEN IF LOCATED, IT IS DOUBTFUL THAT THEY COULD RECALL ANY OF SUCH DETAILS AT THIS LATE DATE. IN VIEW THEREOF, AND SINCE THE RECORD CONTAINS NO PRIOR MENTION WHATSOEVER OF THE ALLEGATION THAT YOUR WIFE HAD TO RETURN TO THE UNITED STATES DUE TO EXPIRATION OF HER REENTRY PERMIT, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.