B-125550, JAN. 19, 1956

B-125550: Jan 19, 1956

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THE RECORD SHOWS THAT YOU WERE TRANSFERRED FROM ASCHAFFENBURG. YOU WERE ALLOWED $86.55 AS REIMBURSEMENT FOR LAND TRAVEL FROM NEW YORK. WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE. AT THE TIME THE TRAVEL WAS PERFORMED. THERE WAS A THREE TO FOUR MONTHS' BACKLOG ON SPACE AVAILABLE FOR TRAVEL TO THE UNITED STATES. SINCE YOUR WIFE WAS FIVE MONTHS' PREGNANT. TRAVEL AFTER WAITING THE REQUIRED LENGTH OF TIME WOULD HAVE BEEN IMPOSSIBLE AS IT WAS CONTRARY TO USAREUR DIRECTIVES. YOU HAVE FURNISHED A CERTIFICATE OF PREGNANCY ISSUED ON JULY 14. THE CERTIFICATE STATES THAT YOUR WIFE WAS PREGNANT. WAS AUTHORIZED TO TRAVEL UP TO THE COMPLETION OF HER SEVENTH MONTH OF PREGNANCY.

B-125550, JAN. 19, 1956

TO FIRST LIEUTENANT EDDIE ROBINSON, INFANTRY:

BY LETTER DATED SEPTEMBER 2, 1955, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FORWARDED TO US YOUR LETTER OF JULY 24, 1955, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT OF JUNE 10, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM ASCHAFFENBURG, GERMANY, TO NEW YORK, NEW YORK.

THE RECORD SHOWS THAT YOU WERE TRANSFERRED FROM ASCHAFFENBURG, GERMANY, TO TRUST, A RESTRICTED STATION, EFFECTIVE AUGUST 12, 1954, BY ORDERS DATED JULY 28, 1954, AND THAT YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED FROM ASCHAFFENBURG, TO CLEVELAND, OHIO, BY COMMERCIAL AIR AT PERSONAL EXPENSE ON AUGUST 1 AND 2, 1954.

BY THE SETTLEMENT MENTIONED ABOVE, YOU WERE ALLOWED $86.55 AS REIMBURSEMENT FOR LAND TRAVEL FROM NEW YORK, TO CLEVELAND, OHIO. REIMBURSEMENT FOR TRAVEL FROM ASCHAFFENBURG TO NEW YORK, HOWEVER, WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE. IN YOUR PRESENT LETTER YOU CONTEND THAT, AT THE TIME THE TRAVEL WAS PERFORMED, THERE WAS A THREE TO FOUR MONTHS' BACKLOG ON SPACE AVAILABLE FOR TRAVEL TO THE UNITED STATES, AND THAT, SINCE YOUR WIFE WAS FIVE MONTHS' PREGNANT, TRAVEL AFTER WAITING THE REQUIRED LENGTH OF TIME WOULD HAVE BEEN IMPOSSIBLE AS IT WAS CONTRARY TO USAREUR DIRECTIVES. ALSO, YOU HAVE FURNISHED A CERTIFICATE OF PREGNANCY ISSUED ON JULY 14, 1954, BY U.S. ARMY HOSPITAL, FRANKFURT, GERMANY. THE CERTIFICATE STATES THAT YOUR WIFE WAS PREGNANT; THAT SHE WOULD DELIVER ON OR ABOUT DECEMBER 13, 1954, AND ACCORDING TO USAREUR DIRECTIVES, WAS AUTHORIZED TO TRAVEL UP TO THE COMPLETION OF HER SEVENTH MONTH OF PREGNANCY.

PARAGRAPH 7002-1B, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO LAW, PROVIDES THAT TRANSPORTATION FOR DEPENDENTS FOR TRAVEL TO OR 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 30 DAYS AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION. IN THE PRESENT CASE, THE CHIEF OF TRANSPORTATION HAS REPORTED THAT DURING THE PERIOD AUGUST 1 TO 31, 1954, EIGHT VESSELS IN THE MILITARY SEA TRANSPORTATION SERVICE SAILED FROM GERMANY TO NEW YORK, AND THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS DURING THAT PERIOD.

SINCE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS TO THE UNITED STATES THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR THEIR TRAVEL BY COMMERCIAL MEANS. ACCORDINGLY, THE DISALLOWANCE OF THAT PORTION OF YOUR CLAIM IS SUSTAINED.