B-126196, DEC. 7, 1955

B-126196: Dec 7, 1955

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WHITE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18. THE RECORD SHOWS THAT YOU WERE ASSIGNED TO DUTY IN THE EUROPEAN COMMAND BY ORDERS DATED MARCH 18. THAT YOU WERE RETURNED TO THE UNITED STATES BY ORDERS DATED MAY 23 AND 26. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND THREE CHILDREN) TRAVELED FROM THE UNITED STATES TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE IN OCTOBER 1952. IT IS SHOWN THAT THEIR RETURN TRAVEL WAS PERFORMED DURING THE PERIOD FEBRUARY 27 TO MARCH 4. YOU HAVE CERTIFIED THAT PRIOR TO YOUR DEPENDENTS' TRAVEL YOU SUBMITTED AN APPLICATION. WERE SUBSTANDARD. YOU INDICATED THAT THESE CONDITIONS WERE HAVING A PROFOUND EFFECT ON YOUR MARITAL AND FAMILY RELATIONSHIP.

B-126196, DEC. 7, 1955

TO FIRST LIEUTENANT RAYMOND L. WHITE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM ETREPY, FRANCE, TO REGO PARK, NEW YORK.

THE RECORD SHOWS THAT YOU WERE ASSIGNED TO DUTY IN THE EUROPEAN COMMAND BY ORDERS DATED MARCH 18, 1952, AND THAT YOU WERE RETURNED TO THE UNITED STATES BY ORDERS DATED MAY 23 AND 26, 1955. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND THREE CHILDREN) TRAVELED FROM THE UNITED STATES TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE IN OCTOBER 1952, AND IT IS SHOWN THAT THEIR RETURN TRAVEL WAS PERFORMED DURING THE PERIOD FEBRUARY 27 TO MARCH 4, 1954, BY COMMERCIAL MEANS AT PERSONAL EXPENSE. YOU HAVE CERTIFIED THAT PRIOR TO YOUR DEPENDENTS' TRAVEL YOU SUBMITTED AN APPLICATION, THROUGH CHANNELS, REQUESTING THEIR RETURN TO THE UNITED STATES AT GOVERNMENT EXPENSE. YOUR REASONS FOR SUCH REQUEST, IN SUBSTANCE, WERE SUBSTANDARD, EXPENSIVE HOUSING FOR DEPENDENTS; INADEQUATE EDUCATIONAL, RELIGIOUS, RECREATION, AND MEDICAL FACILITIES FOR DEPENDENTS; YOUR WIFE'S POOR HEALTH AND THE LACK OF THE TYPE OF MEDICAL TREATMENT YOU BELIEVED WOULD ALLEVIATE HER CONDITION; THE UNAVAILABILITY OF A COMMISSARY, AND UNSATISFACTORY CLIMATIC CONDITIONS IN EUROPE. ALSO, YOU INDICATED THAT THESE CONDITIONS WERE HAVING A PROFOUND EFFECT ON YOUR MARITAL AND FAMILY RELATIONSHIP. YOU STATE YOUR APPLICATION WAS RETURNED FOR A MEDICAL CERTIFICATE STATING THAT THE RETURN OF YOUR DEPENDENTS WAS CONSIDERED NECESSARY FOR REASONS OF HEALTH AND THE NONAVAILABILITY OF ADEQUATE TREATMENT. YOU FURTHER STATE THAT WHEN THE RANKING MEDICAL OFFICER, UPON CONSIDERATION OF YOUR WIFE'S CONDITION, REFUSED TO FURNISH SUCH A STATEMENT YOU RESUBMITTED YOUR APPLICATION, AND IT WAS REFUSED. YOU THEN RETURNED YOUR FAMILY TO THE UNITED STATES ABOARD THE U.S.S. UNITED STATES. IN YOUR REQUEST FOR REVIEW YOU RELATE THAT SHORTLY THEREAFTER THE ARMY RECOGNIZED THE DIFFICULT LIVING CONDITIONS IN SOME PARTS OF EUROPE AND PERMITTED DEPENDENTS TO RETURN TO THE UNITED STATES FOR VARIOUS REASONS, PROVIDED THAT THE DEPENDENTS HAD BEEN IN EUROPE FOR 14 MONTHS. YOUR DEPENDENTS MET THAT REQUIREMENT.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, THE SECRETARIES MAY, NEVERTHELESS, AUTHORIZE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES WHERE THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. PARAGRAPH 7009, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT COMMANDING OFFICERS, WITH THE APPROVAL OF THE THEATRE COMMANDER OR OTHER COMPETENT AUTHORITY, MAY, IN THE BEST INTEREST OF THE UNITED STATES AND UNDER UNUSUAL OR EMERGENCY CONDITIONS, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATIONS. A FURTHER PROVISION IN THE REGULATION REQUIRES THE USE OF GOVERNMENT TRANSPORTATION FOR TRAVEL OF DEPENDENTS OF MILITARY PERSONNEL, IF SUCH TRANSPORTATION IS AVAILABLE.

UNDER THESE REGULATIONS A RIGHT TO TRANSPORTATION OF DEPENDENTS PRIOR TO RECEIPT OF CHANGE OF STATION ORDERS DEPENDS UPON THE APPROVAL OF THE DESIGNATED MILITARY AUTHORITIES. UPON CONSIDERATION BY THE APPROPRIATE MILITARY AUTHORITIES OF THE VARIOUS CONDITIONS AND CIRCUMSTANCES SET FORTH IN YOUR APPLICATION, YOUR REQUEST FOR RETURN OF YOUR DEPENDENTS PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS DENIED. HENCE, THE TRAVEL OF YOUR DEPENDENTS WAS UNAUTHORIZED AND THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM NOTWITHSTANDING THE FACT THAT OVERSEAS COMMANDERS, UPON CONSIDERATION OF OTHER CASES, MAY HAVE ISSUED ORDERS FOR THE RETURN OF DEPENDENTS. MOREOVER, HAD TRAVEL OF YOUR DEPENDENTS BEEN APPROVED, REIMBURSEMENT COULD NOT BE AUTHORIZED FOR COMMERCIAL OCEAN TRAVEL FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS AT THE TIME THE TRAVEL WAS PERFORMED.