B-131503, MAY 31, 1957

B-131503: May 31, 1957

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JR.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18. YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION FROM YOUR DUTY STATION AT AUBURN. CONCURRENT TRAVEL OF YOUR WIFE WAS NOT AUTHORIZED FOR THE REASON THAT SHE WOULD HAVE BEEN EIGHT MONTHS PREGNANT AT THE TIME OF THE TRAVEL. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 23. FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE TRAVEL OF YOUR DEPENDENTS. WHILE IT APPEARS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR DEPENDENTS GENERALLY FROM NEW YORK TO BREMERHAVEN. IT WAS THE POLICY OF THE MILITARY SEA TRANSPORTATION SERVICE (SR-55-765-5. THE REGULATIONS ALSO PROVIDE THAT INFANTS BETWEEN THE AGES OF 6 WEEKS AND 6 MONTHS MAY BE TRANSPORTED ON ARMY TRANSPORTS ONLY IF CERTAIN ACCOMMODATIONS AND HOSPITAL FACILITIES ARE AVAILABLE.

B-131503, MAY 31, 1957

TO FIRST LIEUTENANT WILLIAM C. MCGEE, JR.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1957, WITH ENCLOSURES, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED OCTOBER 23, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL (WIFE AND CHILD) FROM NEW YORK, NEW YORK, TO PARIS, FRANCE, VIA COMMERCIAL AIR DURING THE PERIOD MARCH 20 TO 21, 1956.

BY ORDERS DATED AUGUST 30, 1955, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION FROM YOUR DUTY STATION AT AUBURN, WASHINGTON, TO A DUTY STATION IN FRANCE, TO REPORT NOT LATER THAN DECEMBER 6, 1955. CONCURRENT TRAVEL OF YOUR WIFE WAS NOT AUTHORIZED FOR THE REASON THAT SHE WOULD HAVE BEEN EIGHT MONTHS PREGNANT AT THE TIME OF THE TRAVEL. SHE REMAINED IN THE UNITED STATES UNTIL MARCH 20, 1956, WHEN SHE AND THE CHILD TRAVELED TO PARIS, FRANCE, BY COMMERCIAL AIR AT A COST TO YOU OF $341. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 23, 1956, FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE TRAVEL OF YOUR DEPENDENTS.

WHILE IT APPEARS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR DEPENDENTS GENERALLY FROM NEW YORK TO BREMERHAVEN, GERMANY, DURING MARCH AND APRIL 1956, IT WAS THE POLICY OF THE MILITARY SEA TRANSPORTATION SERVICE (SR-55-765-5, DATED APRIL 28, 1949, AS AMENDED) NOT TO ACCEPT FEMALE DEPENDENTS BEYOND THE SEVENTH MONTH OF PREGNANCY AND INFANTS UNDER 6 WEEKS OF AGE. THE REGULATIONS ALSO PROVIDE THAT INFANTS BETWEEN THE AGES OF 6 WEEKS AND 6 MONTHS MAY BE TRANSPORTED ON ARMY TRANSPORTS ONLY IF CERTAIN ACCOMMODATIONS AND HOSPITAL FACILITIES ARE AVAILABLE. THUS, IT IS APPARENT THAT, BY REASON OF MRS. MCGEE'S ADVANCED PREGNANCY, GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE TO HER WHEN THE ORDERS WERE ISSUED. ALSO, IT APPEARS FROM THE RECORD THAT GOVERNMENT TRANSPORTATION WOULD NOT HAVE BEEN AVAILABLE FOR SEVERAL MONTHS AFTER THE ORDERED TRAVEL OF THE OFFICER. ACCORDINGLY, REIMBURSEMENT IS AUTHORIZED FOR THE TRAVEL. HOWEVER, SINCE TRAVEL BY AIR WAS NOT SPECIFICALLY AUTHORIZED UNDER PARAGRAPH 7002-2A OF THE JOINT TRAVEL REGULATIONS, REIMBURSEMENT IS LIMITED TO THE COST OF OCEAN TRAVEL OF YOUR DEPENDENTS HAD THE GOVERNMENT FURNISHED SURFACE TRANSPORTATION ABOARD A COMMERCIAL VESSEL NOT TO EXCEED THE ACTUAL COST OF THE AIR TRANSPORTATION.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.