B-127796, JUL. 18, 1956

B-127796: Jul 18, 1956

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WAS REFERRED TO US BY AIR FORCE FINANCE CENTER. SINCE IT IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT OF OCTOBER 4. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOUR DEPENDENTS (WIFE AND DAUGHTER) WERE AUTHORIZED TO RETURN FROM GERMANY TO THE UNITED STATES BY AMERICAN OVERSEAS AIRLINES. THOSE ORDERS WERE AMENDED BY ORDERS DATED AUGUST 4. TO PROVIDE THAT TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED AT GOVERNMENT EXPENSE TO DESTINATION IN THE UNITED STATES. WAS EFFECTED BY THE DEPARTMENT OF THE AIR FORCE. WERE WRITTEN PURSUANT TO THAT AUTHORITY. CONTROLLING REGULATIONS REQUIRED THAT THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES TO OR FROM OVERSEAS STATIONS SHOULD NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION WAS AVAILABLE.

B-127796, JUL. 18, 1956

TO LIEUTENANT COLONEL SAM F. CARTER, USAF:

YOUR LETTER OF FEBRUARY 14, 1956, PRESENTING CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM WIESBADEN, GERMANY, TO NEW YORK, NEW YORK, IN 1948, WAS REFERRED TO US BY AIR FORCE FINANCE CENTER, DENVER, COLORADO. SINCE IT IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT OF OCTOBER 4, 1949, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED JULY 30, 1948, YOUR DEPENDENTS (WIFE AND DAUGHTER) WERE AUTHORIZED TO RETURN FROM GERMANY TO THE UNITED STATES BY AMERICAN OVERSEAS AIRLINES, IT BEING PROVIDED THAT THE MOVEMENT WOULD BE AT NO EXPENSE TO THE GOVERNMENT. THOSE ORDERS WERE AMENDED BY ORDERS DATED AUGUST 4, 1948, TO PROVIDE THAT TRANSPORTATION OF DEPENDENTS WAS AUTHORIZED AT GOVERNMENT EXPENSE TO DESTINATION IN THE UNITED STATES. THE LATTER ORDERS CITED DEPARTMENT OF THE ARMY MESSAGES AS AUTHORITY FOR THE TRAVEL. YOUR DEPENDENTS TRAVELED FROM FRANKFURT, GERMANY, TO NEW YORK, BY AIR AND FROM THE LATTER PLACE TO MORGANTOWN, WEST VIRGINIA, BY RAIL AT PERSONAL EXPENSE DURING THE PERIOD AUGUST 4 TO 6, 1948. REIMBURSEMENT FOR TRAVEL FROM NEW YORK, NEW YORK, TO MORGANTOWN, WEST VIRGINIA, WAS EFFECTED BY THE DEPARTMENT OF THE AIR FORCE. IN REITERATING YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL FROM GERMANY TO NEW YORK, YOU PLACE RELIANCE ON THE ARMY MESSAGES.

THE MESSAGES TO WHICH YOU REFER AUTHORIZED THE RETURN TO THE UNITED STATES OF DEPENDENTS PRIOR TO THE RETURN OF THE MEMBER ON WHOM DEPENDENT, AND PROVIDED THAT ORDERS MOVING SUCH DEPENDENTS WOULD CITE SUCH MESSAGES AS AUTHORITY. THE ORDERS OF AUGUST 4, 1948, WERE WRITTEN PURSUANT TO THAT AUTHORITY. HOWEVER, SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AND CONTROLLING REGULATIONS REQUIRED THAT THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES TO OR FROM OVERSEAS STATIONS SHOULD NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION WAS AVAILABLE. IN THE PRESENT CASE, THE CHIEF OF TRANSPORTATION REPORTED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR DEPENDENT TRAVEL FROM BREMERHAVEN, GERMANY, TO NEW YORK, NEW YORK, IN AUGUST 1948, AND FOR THREE MONTHS THEREAFTER. IN VIEW OF THAT REPORT THERE IS NO LEGAL AUTHORITY FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM GERMANY TO NEW YORK, NEW YORK. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 4, 1949, IS SUSTAINED.