B-129930, DEC 21, 1956

B-129930: Dec 21, 1956

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ALICE JEAN ABSHIER: FURTHER REFERENCE IS MADE TO THAT PART OF YOUR LETTER OF OCTOBER 26. WAS STATIONED IN YUGOSLAVIA. THAT REQUEST WAS APPROVED ON JULY 5. WHILE YOUR HUSBAND WAS RETURNING TO THE UNITED STATES HE WAS KILLED IN A CRASH OF A YUGOSLAV AIRLINES PLANE NEAR VIENNA. YOU STATE THAT THE TRAVEL WAS NOT MADE FOR YOUR PERSONAL CONVENIENCE BUT WAS AN EMERGENCY DUE TO THE DEATH OF YOUR BROTHER. STATED THAT YOU TRAVELED ON AIRCRAFT OF FOREIGN REGISTRY BECAUSE NEITHER GOVERNMENT TRANSPORTATION NOR TRANSPORTATION UNDER UNITED STATES REGISTRY WAS AVAILABLE. LISTED AMONG THE REASONS FOR AUTHORIZING TRANSPORTATION UNDER THE SUBPARAGRAPH IS "DEATH WITHIN THE FAMILY.". SINCE YOUR TRAVEL FROM BELGRADE TO THE UNITED STATES WAS AUTHORIZED BY COMPETENT AUTHORITY YOU ARE ENTITLED.

B-129930, DEC 21, 1956

PRECIS-UNAVIALABLE

MRS. ALICE JEAN ABSHIER:

FURTHER REFERENCE IS MADE TO THAT PART OF YOUR LETTER OF OCTOBER 26, 1956, WHICH REQUESTS REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED FEBRUARY 7, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR SON (EIGHT MONTHS OLD) FROM BELGRADE, YUGOSLAVIA, TO AMITY, ARKANSAS, BY COMMERCIAL AIR ON JULY 2 AND 3, 1955.

IT APPEARS FROM THE RECORD THAT WHILE YOUR LATE HUSBAND, YEOMAN, FIRST CLASS, JOHN H. ABSHIER, WAS STATIONED IN YUGOSLAVIA, AS A MEMBER OF THE STAFF OF THE OFFICE OF THE NAVAL ATTACHE AT BELGRADE, THAT OFFICE REQUESTED AUTHORITY FROM THE BUREAU OF NAVAL PERSONNEL, WASHINGTON, D.C., TO RETURN YOU AND YOUR SON TO THE UNITED STATES AT GOVERNMENT EXPENSE IN ADVANCE OF PERMANENT CHANGE OF STATION ORDERS BECAUSE OF THE DEATH IN YOUR FAMILY. THAT REQUEST WAS APPROVED ON JULY 5, 1955, CITING PARAGRAPH 7009- 3, JOINT TRAVEL REGULATIONS. THE RECORDS FURTHER SHOW THAT ON OCTOBER 10, 1955, WHILE YOUR HUSBAND WAS RETURNING TO THE UNITED STATES HE WAS KILLED IN A CRASH OF A YUGOSLAV AIRLINES PLANE NEAR VIENNA, AUSTRIA.

YOU STATE THAT THE TRAVEL WAS NOT MADE FOR YOUR PERSONAL CONVENIENCE BUT WAS AN EMERGENCY DUE TO THE DEATH OF YOUR BROTHER. IT APPEARS FROM THE TRANSPORTATION TICKETS THAT YOU TRAVELED BY COMMERCIAL AIR FROM BELGRADE TO NEW YORK ON A YUGOSLAV AIRLINES PLANE, AND BY AMERICAN AIRLINES FROM NEW YORK TO LITTLE ROCK, ARKANSAS, DURING THE PERIOD JULY 2 AND 3, 1955. IN THE CONNECTION, THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, IN A REPORT DATED DECEMBER 5, 1955, STATED THAT YOU TRAVELED ON AIRCRAFT OF FOREIGN REGISTRY BECAUSE NEITHER GOVERNMENT TRANSPORTATION NOR TRANSPORTATION UNDER UNITED STATES REGISTRY WAS AVAILABLE.

PARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, CHANGE 35, DATED JUNE 1, 1955, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDES THAT, UPON THE REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED AUTHORIZING ADVANCE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PROVIDED THE ORDERS SPECIFICALLY LIMIT THE TRANSPORTATION TO BE FURNISHED TO TRANSPORTATION FROM THE OVERSEAS STATION TO THE PORT OF DEBARKATION IN THE UNITED STATES. LISTED AMONG THE REASONS FOR AUTHORIZING TRANSPORTATION UNDER THE SUBPARAGRAPH IS "DEATH WITHIN THE FAMILY." PARAGRAPH 7010 OF THE REGULATIONS PROVIDE THAT WHEN A MEMBER OF THE UNIFORMED SERVICES DIES WHILE ON ACTIVE DUTY, HIS DEPENDENTS MAY BE MOVED AT GOVERNMENT EXPENSE TO ANY PLACE THEY MAY DESIGNATE. SINCE YOUR TRAVEL FROM BELGRADE TO THE UNITED STATES WAS AUTHORIZED BY COMPETENT AUTHORITY YOU ARE ENTITLED, UNDER THE PROVISIONS OF PARAGRAPH 7009-3 OF THE REGULATIONS, TO TRANSPORTATION AT GOVERNMENT EXPENSE FOR SUCH TRAVEL BETWEEN BELGRADE, YUGOSLAVIA, AND NEW YORK, NEW YORK, THE POINT OF DEBARKATION. ACCORDINGLY, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE ACTUAL COST OF TRAVEL PERFORMED BETWEEN BELGRADE AND NEW YORK.

UNDER THE PROVISIONS OF PARAGRAPH 7010, HOWEVER, A DEPENDANT'S RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE ACCRUES AT THE TIME OF THE MEMBER'S DEATH. SINCE YOUR HUSBAND'S DEATH OCCURRED ON OCTOBER 10, 1955, AND SINCE THE TRAVEL PERFORMED BY YOU (JULY 2 AND 3, 1955) FROM NEW YORK TO AMITY ARKANSAS, WAS PRIOR TO HIS DEATH, SUCH TRAVEL MAY NOT BE CONSIDERED INCIDENT TO YOUR HUSBAND'S DEATH. IT FOLLOWS THAT THERE IS NO PROPER BASIS FOR ALLOWING THAT PART OF YOUR CLAIM FOR TRANSPORTATION FROM NEW YORK TO AMITY, ARKANSAS.

A SETTLEMENT ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.