B-130857, APR. 30, 1957

B-130857, APR. 30, 1957

TO MR. EMIL F. HAWES:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1957, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR DEPENDENT WIFE AND CHILDREN FROM PARIS, FRANCE, TO WASHINGTON, D.C. THERE WAS ENCLOSED WITH YOUR LETTER CHECK NO. 12,526, DATED JANUARY 28, 1957, IN THE AMOUNT OF $34.05 DRAWN TO YOUR ORDER BY C. W. GRIFFIN, DISBURSING OFFICER, SYMBOL 5027.

BY SETTLEMENT DATED JANUARY 18, 1957, OF OUR CLAIMS DIVISION, YOU WERE ALLOWED THE SUM OF $34.05, REPRESENTING REIMBURSEMENT ON A MILEAGE BASIS FOR THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO WASHINGTON, D.C., AND YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF THEIR TRANSPORTATION FROM PARIS, FRANCE, TO NEW YORK, NEW YORK, WAS DISALLOWED BECAUSE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR SUCH TRAVEL.

BY ORDERS OF AUGUST 30, 1956, AS AMENDED BY ORDERS OF SEPTEMBER 4, 1956, YOU WERE TRANSFERRED FROM 60TH TROOP CARRIER WING MEDIUM TO 7113TH "PERPRON," APPARENTLY BOTH LOCATED IN FRANCE, FOR TRANSFER TO MANHATTAN BEACH AIR FORCE STATION, BROOKLYN, NEW YORK, FOR RELEASE FROM ACTIVE DUTY AND BY ORDERS OF SEPTEMBER 10, 1956, YOU WERE TRANSFERRED FROM MANHATTAN BEACH AIR FORCE STATION TO 1100TH USAF HOSPITAL, BOLLING AIR FORCE BASE, WASHINGTON, D.C. THE ORDERS OF AUGUST 30, 1956, AUTHORIZED THE CONCURRENT TRAVEL OF YOUR DEPENDENTS, BUT YOU SAY THAT YOUR DEPENDENTS COULD NOT DEPART WITH YOU ON SEPTEMBER 6, 1956, BECAUSE OF THE SHORT NOTICE. THEY TRAVELED FROM PARIS, FRANCE, TO NEW YORK, NEW YORK, AND THENCE TO WASHINGTON, D.C., BY COMMERCIAL AIR ON SEPTEMBER 23 AND 24, 1956, AT PERSONAL EXPENSE.

UNDER THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, A MEMBER'S RIGHT TO TRANSPORTATION OF HIS DEPENDENTS DEPENDS UPON A PERMANENT CHANGE OF STATION AND PARAGRAPH 7011-1 OF THOSE REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS NOT TO EXCEED THE DISTANCE FROM HIS LAST DUTY STATION, OR PLACE TO WHICH HIS DEPENDENTS WERE LAST TRANSPORTED AT GOVERNMENT EXPENSE, TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCE FOR HIS TRAVEL UPON HIS SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY UNDER PARAGRAPH 4157 OF THE REGULATIONS. PARAGRAPH 7002-1B OF THE REGULATIONS PROVIDES, WITH CERTAIN EXCEPTIONS NOT INVOLVED IN YOUR CASE, THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE. THE CHIEF OF TRANSPORTATION HAS REPORTED THAT GOVERNMENT TRANSPORTATION, CONSISTING OF VESSELS OPERATING BETWEEN BREMERHAVEN, GERMANY, AND NEW YORK, NEW YORK, AND MILITARY AIRCRAFT OPERATING BETWEEN PARIS, FRANCE, AND THE UNITED STATES, WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS DURING THE PERIOD YOUR DEPENDENTS TRAVELED. IN VIEW OF THAT REPORT AND PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS REQUIRING THE USE OF GOVERNMENT TRANSPORTATION, IF AVAILABLE, THERE IS NO BASIS FOR REIMBURSING YOU FOR THE COST OF YOUR DEPENDENTS' TRANSPORTATION FROM PARIS, FRANCE, TO NEW YORK, NEW YORK.

WITH RESPECT TO THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK TO WASHINGTON, THE ORDERS OF SEPTEMBER 10, 1956, RECITED THAT YOUR TRANSFER TO THE HOSPITAL AT BOLLING AIR FORCE BASE WAS FOR THE PURPOSE OF APPEARING BEFORE A PHYSICAL EVALUATION BOARD. WHILE THOSE ORDERS INDICATE THAT A PERMANENT CHANGE OF STATION WAS DIRECTED, IT IS CLEAR THAT YOU WERE NOT ASSIGNED TO BOLLING AIR FORCE BASE FOR DUTY. PARAGRAPH 1150-10 DEFINES A PERMANENT DUTY STATION AS ONE TO WHICH A MEMBER IS ASSIGNED FOR DUTY. HENCE, BOLLING AIR FORCE BASE MAY NOT BE CONSIDERED TO HAVE BEEN YOUR LAST PERMANENT DUTY STATION. YOUR TRANSFER FROM YOUR PERMANENT STATION OVERSEAS FOR THE PURPOSE OF YOUR RELEASE FROM ACTIVE DUTY, WITH SHORT PERIODS OF DUTY FOR PROCESSING AT MANHATTAN BEACH AIR FORCE STATION AND BOLLING AIR FORCE BASE GAVE RISE TO A RIGHT TO TRANSPORTATION FOR YOUR DEPENDENTS ONLY TO THE PLACE TO WHICH YOU WERE ENTITLED TO TRAVEL ALLOWANCE IN YOUR OWN RIGHT INCIDENT TO YOUR RELEASE. HENCE, THE ALLOWANCE TO YOU BY THE SETTLEMENT OF JANUARY 18, 1957, OF $34.05 FOR REIMBURSEMENT ON A MILEAGE BASIS FOR THE COST OF TRANSPORTATION OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO WASHINGTON, D.C., WAS UNAUTHORIZED, AND CHECK NO. 12,526 WILL BE CANCELLED. IT APPEARS THAT THE PLACE SELECTED BY YOU FOR PAYMENT OF YOUR TRAVEL ALLOWANCE UPON YOUR RELIEF FROM ACTIVE DUTY WAS NEW BRUNSWICK, NEW JERSEY. IF THAT IS CORRECT YOU ARE ENTITLED TO REIMBURSEMENT FOR LAND TRAVEL ACTUALLY PERFORMED BY YOUR DEPENDENTS NOT TO EXCEED THE DISTANCE FROM NEW YORK, NEW YORK, TO NEW BRUNSWICK. THE PLACE TO WHICH YOU SELECTED TRAVEL ALLOWANCE WILL BE VERIFIED AND SETTLEMENT WILL ISSUE TO YOU IN DUE COURSE IN THE AMOUNT FOUND TO BE DUE ON THAT BASIS.