B-130385, FEB. 15, 1957

B-130385: Feb 15, 1957

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YOU WERE ALLOWED MILEAGE IN THE SUM OF $21.84 FOR TRAVEL FROM NEW YORK. TO NEW YORK WAS DISALLOWED FOR THE REASON THAT THERE WAS NO LEGAL AUTHORITY FOR PAYMENT OF THE CLAIM. THIS WAS NECESSARY BECAUSE OF YOUR MOTHER-IN-LAW'S ILLNESS. YOU SAY YOU WERE ADVISED THAT SUCH TRANSPORTATION COULD ONLY BE FURNISHED ON A SPACE AVAILABLE BASIS. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED. AUTHORIZE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES WHERE THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. IF SUCH TRANSPORTATION IS AVAILABLE.

B-130385, FEB. 15, 1957

TO CAPTAIN JAMES H. CHISHOLM, QMC:

YOUR LETTER OF OCTOBER 25, 1956, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE IN THE SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRAVEL OF YOUR DEPENDENTS FROM SALZBURG, AUSTRIA, TO PETERSBURG, VIRGINIA, DURING THE PERIOD FEBRUARY 20 TO 21, 1955.

YOU WERE ALLOWED MILEAGE IN THE SUM OF $21.84 FOR TRAVEL FROM NEW YORK, NEW YORK, TO FORT LEE, VIRGINIA. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL AIR TRANSPORTATION FROM SALZBURG, AUSTRIA, TO NEW YORK WAS DISALLOWED FOR THE REASON THAT THERE WAS NO LEGAL AUTHORITY FOR PAYMENT OF THE CLAIM.

IN A LETTER DATED AUGUST 11, 1955, YOU STATED THAT WHILE STATIONED IN AUSTRIA YOU CALLED THE PERSONNEL REDEPLOYMENT BRANCH, USFA HEADQUARTERS AND REQUESTED INFORMATION REGARDING ADVANCE RETURN OF YOUR DEPENDENTS TO THE UNITED STATES. THIS WAS NECESSARY BECAUSE OF YOUR MOTHER-IN-LAW'S ILLNESS. YOU SAY YOU WERE ADVISED THAT SUCH TRANSPORTATION COULD ONLY BE FURNISHED ON A SPACE AVAILABLE BASIS. IN VIEW OF THE URGENCY OF THE SITUATION YOU DECIDED TO RETURN YOUR DEPENDENTS BY COMMERCIAL AIR AND YOU NOW CLAIM REIMBURSEMENT FOR THE COST OF THAT TRANSPORTATION.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, THE SECRETARIES MAY, NEVERTHELESS, AUTHORIZE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES WHERE THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. PARAGRAPH 7009, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT COMMANDING OFFICERS, WITH THE APPROVAL OF THE THEATER COMMANDER OR OTHER COMPETENT AUTHORITY, MAY, IN THE BEST INTEREST OF THE UNITED STATES AND UNDER UNUSUALLY OR EMERGENCY CONDITIONS, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATIONS. FURTHER PROVISION IN THE REGULATION REQUIRES THE USE OF GOVERNMENT TRANSPORTATION FOR TRAVEL OF DEPENDENTS OF MILITARY PERSONNEL, IF SUCH TRANSPORTATION IS AVAILABLE.

UNDER THOSE REGULATIONS A RIGHT TO TRANSPORTATION OF DEPENDENTS PRIOR TO RECEIPT OF CHANGE OF STATION ORDERS DEPENDS UPON THE APPROVAL OF THE DESIGNATED MILITARY AUTHORITIES. WHILE YOU SAY THAT THE ADVANCE RETURN OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WAS BEING CONTEMPLATED BY PROPER MILITARY AUTHORITIES, THE FACT OF THE MATTER IS THAT YOUR REQUEST FOR RETURN OF YOUR DEPENDENTS PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS NOT APPROVED. THEREFORE, THE TRAVEL OF YOUR DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT WAS UNAUTHORIZED. THE ORDERS OF MARCH 21, 1955, WHICH AUTHORIZED THE SHIPMENT OF YOUR HOUSEHOLD GOODS TO THE UNITED STATES, AFTER THE TRAVEL OF YOUR DEPENDENTS, CONSTITUTE NO BASIS FOR REIMBURSEMENT OF THE COST OF THEIR TRAVEL.