B-126700, MAR. 22, 1956

B-126700, MAR. 22, 1956

TO SFC ROBERT L. WARLICK:

THE DEPARTMENT OF THE ARMY HAS REFERRED TO US YOUR LETTER OF SEPTEMBER 10, 1955, RESUBMITTING YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM WILMINGTON, NORTH CAROLINA, TO MUNICH, GERMANY. SINCE THAT CLAIM IS A DUPLICATE OF THE CLAIM DISALLOWED BY OUR SETTLEMENT DATED JANUARY 5, 1955, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY MOVEMENT ORDER DATED SEPTEMBER 25, 1953, AS AMENDED, THE UNIT OF WHICH YOU WERE A MEMBER WAS TRANSFERRED FROM FORT BRAGG, NORTH CAROLINA, TO PORT OF WILMINGTON, NORTH CAROLINA, AND THENCE TO BREMERHAVEN, GERMANY. THE MOVEMENT ORDER DID NOT AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION. YOU STATE THAT YOU SUBMITTED A REQUEST FOR YOUR WIFE'S TRANSPORTATION AT GOVERNMENT EXPENSE, AND THAT WHEN YOUR APPLICATION WAS RETURNED TO YOU, NOT APPROVED, YOU ARRANGED FOR HER TRAVEL BY COMMERCIAL AIR, JANUARY 12 TO 14, 1954, IN ORDER THAT HER TRAVEL WOULD BE COMPLETED PRIOR TO THE EXPIRATION OF THE SEVENTH MONTH OF HER PREGNANCY. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT AUTHORIZATIONS FOR YOUR WIFE'S ENTRY AT THE FOREIGN STATION, AND FOR HER TRAVEL THERETO, HAD NOT BEEN ISSUED. IN YOUR PRESENT LETTER YOU STATE YOU ARE ENCLOSING AN AUTHORIZATION. THE DOCUMENT YOU SUBMITTED, HOWEVER, IS A CERTIFICATE ISSUED ON MAY 3, 1954, BY HEADQUARTERS 10TH SPECIAL FORCES GROUP, AIRBORNE, APO 108, U.S. ARMY, ESTABLISHING YOUR WIFE'S DEPENDENCY EFFECTIVE JANUARY 12, 1954.

TRANSPORTATION OF DEPENDENTS TO OVERSEAS STATIONS TO WHICH, IN GENERAL, COORDINATED TRAVEL OF A MEMBER AND HIS DEPENDENTS IS NOT AUTHORIZED, IS GOVERNED INSOFAR AS ARMY PERSONNEL IS CONCERNED, BY A PRIORITY SYSTEM AS PUBLISHED IN SPECIAL REGULATIONS NO. 55-765-5. THOSE REGULATIONS, ISSUED BY ORDER OF THE SECRETARY OF THE ARMY, ARE INTENDED TO PROVIDE A FAIR AND EQUITABLE MEANS OF REUNITING FAMILIES SEPARATED BY OVERSEAS SERVICE AND TO INSURE THAT HOUSING IN THE OVERSEAS COMMAND, AND TRANSPORTATION TO SUCH COMMANDS, WILL BE AVAILABLE FIRST TO THOSE FAMILIES SUFFERING THE GREATER PERIOD OF SEPARATION. THE EFFECT OF THOSE REGULATIONS--- WHERE A MEMBER IS ORDERED TO AN OVERSEAS COMMAND OPERATING UNDER THE PRIORITY SYSTEM--- IS TO LIMIT HIS ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS, NOTWITHSTANDING THE ORDERED PERMANENT CHANGE OF STATION, UNTIL SUCH TIME AS THEIR PRESENCE AT HIS DUTY STATION IS AUTHORIZED BY THE OVERSEAS COMMANDER CONCERNED, AND ORDERS FOR THEIR TRAVEL ARE ISSUED. IN THE PRESENT CASE, NO AUTHORIZATION OR TRAVEL ORDERS WERE ISSUED AND THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 5, 1955, IS SUSTAINED.