B-126655, MAR. 15, 1956

B-126655: Mar 15, 1956

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YOUR CLAIM WAS DISALLOWED BY THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM GERMANY TO NEW YORK. AT THE TIME THE TRAVEL WAS PERFORMED. WHILE YOU REALIZED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE. SHE WAS NOT INFORMED AS TO WHEN SHE COULD TRAVEL TO THE UNITED STATES AND YOU ADVISED HER TO COME TO THE UNITED STATES AS SOON AS SHE RECEIVED HER VISA. THE RECORD SHOWS YOU WERE TRANSFERRED TO THE UNITED STATES FROM GERMANY AND WERE DISCHARGED PURSUANT TO SPECIAL ORDERS NO. 60. YOU WERE PAID $86.40 FOR THEIR TRAVEL FROM NEW YORK. THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949.

B-126655, MAR. 15, 1956

TO MR. RAYMOND ZINS:

YOUR LETTER OF DECEMBER 9, 1955, REQUESTS REVIEW OF SETTLEMENT DATED APRIL 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND MINOR CHILD) BY COMMERCIAL AIR FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, IN DECEMBER 1953. YOUR CLAIM WAS DISALLOWED BY THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FROM GERMANY TO NEW YORK, NEW YORK, AT THE TIME THE TRAVEL WAS PERFORMED.

IN YOUR REVIEW YOU SAY THAT YOUR WIFE AND CHILD HAD TO WAIT TEN MONTHS FOR A VISA TO THE UNITED STATES; THAT DURING THIS PERIOD SHE HAD CONSIDERABLE TROUBLE WITH HER HEALTH, AND THAT, WHILE YOU REALIZED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE, SHE WAS NOT INFORMED AS TO WHEN SHE COULD TRAVEL TO THE UNITED STATES AND YOU ADVISED HER TO COME TO THE UNITED STATES AS SOON AS SHE RECEIVED HER VISA.

THE RECORD SHOWS YOU WERE TRANSFERRED TO THE UNITED STATES FROM GERMANY AND WERE DISCHARGED PURSUANT TO SPECIAL ORDERS NO. 60, HEADQUARTERS, FORT CUSTER, MICHIGAN, DATED MARCH 16, 1953, AND THAT YOUR DEPENDENTS TRAVELED FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, BY AIR, PRESUMABLY IN DECEMBER 1953, AND PROCEEDED FROM NEW YORK, NEW YORK, TO NELSON, MINNESOTA, DECEMBER 3 TO 5, 1953. YOU WERE PAID $86.40 FOR THEIR TRAVEL FROM NEW YORK, NEW YORK, TO NELSON, MINNESOTA, ON VOUCHER NO 832837, APRIL 1954 ACCOUNT OF WILLIAM A. SARCANDER.

THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 7002 1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT TRAVEL TO AND 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 A REPORT FROM THE OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, IT IS STATED THAT THE "MILITARY SEA TRANSPORTATION MAINTAINED FREQUENT SCHEDULES FROM BREMERHAVEN, GERMANY TO NEW YORK" NEAR THE PERIOD OF YOUR DEPENDENTS' TRAVEL TO THE UNITED STATES. THE REGULATIONS DO NOT PROVIDE FOR REIMBURSEMENT TO A MEMBER WHOSE DEPENDENTS DO NOT AVAIL THEMSELVES OF GOVERNMENT TRANSPORTATION AND VOLUNTARILY PERFORM COMMERCIAL TRAVEL AT HIS OWN EXPENSE FOR THEIR PERSONAL CONVENIENCE. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, AND THE SETTLEMENT OF APRIL 15, 1955, IS SUSTAINED.