B-127836, JUL. 9, 1956

B-127836: Jul 9, 1956

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USAF: REFERENCE IS MADE TO YOUR LETTER OF APRIL 20. YOUR DEPENDENTS WERE AUTHORIZED. THE TRAVEL WAS PERFORMED BY COMMERCIAL AIR DIRECT FROM HAVANA. THE CLAIM WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 3. FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE. IN YOUR LETTER YOU SAY THAT THE COMMERCIAL AIR TRAVEL TO BELGIUM WAS PERFORMED ON THE RECOMMENDATION OF COMPETENT MEDICAL AUTHORITY AND YOU ENCLOSE A CERTIFICATE SIGNED BY DR. IN THE CERTIFICATE IT IS STATED THAT YOUR WIFE WAS ADVISED THAT SHE SHOULD NOT SUBJECT YOUR DAUGHTER TO A SEA VOYAGE AND THAT IF TRANSPORTATION WAS EFFECTED BY AIRCRAFT. ONLY PRESSURIZED AIRCRAFT WAS ACCEPTABLE BECAUSE OF THE CHILD'S CARDIAC CONDITION.

B-127836, JUL. 9, 1956

TO LIEUTENANT COLONEL SECREST L. BERRY, USAF:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 20, 1956, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 3, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL (WIFE AND TWO CHILDREN) FROM HAVANA, CUBA, TO BRUSSELS, BELGIUM, VIA COMMERCIAL AIR DURING THE PERIOD AUGUST 27 AND 28, 1952.

BY TRAVEL AUTHORIZATION DATED AUGUST 5, 1952, YOUR DEPENDENTS WERE AUTHORIZED, UPON CALL OF THE PORT COMMANDER, NEW YORK PORT OF EMBARKATION, TO PROCEED FROM STEWART AIR FORCE BASE, NEW YORK, TO BRUSSELS, BELGIUM, YOUR TRANSFER TO THE LATTER STATION FROM STEWART AIR FORCE BASE HAVING BEEN EFFECTED UNDER ORDERS OF APRIL 4, 1952. THE TRAVEL WAS PERFORMED BY COMMERCIAL AIR DIRECT FROM HAVANA, CUBA. THE CLAIM WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 3, 1953, FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE.

IN YOUR LETTER YOU SAY THAT THE COMMERCIAL AIR TRAVEL TO BELGIUM WAS PERFORMED ON THE RECOMMENDATION OF COMPETENT MEDICAL AUTHORITY AND YOU ENCLOSE A CERTIFICATE SIGNED BY DR. JOSE R. MONTALVO. IN THE CERTIFICATE IT IS STATED THAT YOUR WIFE WAS ADVISED THAT SHE SHOULD NOT SUBJECT YOUR DAUGHTER TO A SEA VOYAGE AND THAT IF TRANSPORTATION WAS EFFECTED BY AIRCRAFT, ONLY PRESSURIZED AIRCRAFT WAS ACCEPTABLE BECAUSE OF THE CHILD'S CARDIAC CONDITION. YOU CONTEND THAT TRAVEL BY GOVERNMENT TRANSPORTATION WAS MEDICALLY CONTRAINDICATED AND THAT YOU ARE ENTITLED TO REIMBURSEMENT UNDER PARAGRAPH 7002-1D (1) OF THE JOINT TRAVEL REGULATIONS.

SINCE YOUR DAUGHTER COULD NOT TRAVEL BY SURFACE TRANSPORTATION--- COMMERCIAL OR GOVERNMENT--- AND SINCE IT HAS BEEN INFORMALLY REPORTED THAT THE MILITARY AIR TRANSPORT SERVICE COULD NOT HONOR REQUESTS FOR TRANSPORTATION BY PRESSURIZED AIRCRAFT, IT APPEARS THAT THE USE OF GOVERNMENT AIR AND SEA TRANSPORATION WAS MEDICALLY CONTRAINDICATED AND NOT REQUIRED BY PARAGRAPH 7002-1D (1) OF THE JOINT TRAVEL REGULATIONS. HOWEVER, SINCE TRAVEL BY AIR WAS NOT SPECIFICALLY AUTHORIZED AS REQUIRED BY PARAGRAPH 7002-2 OF THE JOINT TRAVEL REGULATIONS, REIMBURSEMENT FOR MORE THAN THE COST OF SURFACE TRANSPORTATION IS NOT AUTHORIZED.

ACCORDINGLY, YOUR CLAIM WILL BE ALLOWED IN AN AMOUNT NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT FOR TRANSPORTATION OF YOUR DEPENDENTS BY COMMERCIAL SURFACE TRANSPORTATION BETWEEN STEWART AIR FORCE BASE, NEW YORK, AND BRUSSELS, BELGIUM.