B-131886, AUG. 8, 1957

B-131886: Aug 8, 1957

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AF 17273812: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. YOU WERE RELIEVED FROM DUTY AT YOUR OVERSEAS STATION AND ASSIGNED TO DUTY IN THE UNITED STATES. THIS REQUEST WAS "NOT FAVORABLY CONSIDERED" BY THE COMMANDING GENERAL. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SUCH TRAVEL WAS DISALLOWED BY THE SETTLEMENT OF MARCH 3. THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY LAW. INCIDENT TO YOUR RETURN FROM OVERSEAS YOU WERE ENTITLED TO TRANSPORTATION ONLY FOR A LAWFUL WIFE WHO WAS SUCH ON THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS. THAT IS. THE ACCEPTANCE OF A NOTIFICATION OF MARRIAGE IS THE SOLE MEANS OF CONTRACTING A VALID MARRIAGE IN THAT JURISDICTION.

B-131886, AUG. 8, 1957

TO STAFF SERGEANT LAWRENCE H. ROLAND, AF 17273812:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 3, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF DEPENDENTS' TRAVEL FROM JAPAN TO THE UNITED STATES IN AUGUST 1953.

OUR RECORDS SHOW THAT BY SPECIAL ORDERS NO. 92, DATED NOVEMBER 10, 1952, HEADQUARTERS, 61ST TROOP CARRIER GROUP, HEAVY, APO 704, SAN FRANCISCO, CALIFORNIA, YOU WERE RELIEVED FROM DUTY AT YOUR OVERSEAS STATION AND ASSIGNED TO DUTY IN THE UNITED STATES, NAMELY LARSON AIR FORCE BASE, WASHINGTON, ON A PERMANENT CHANGE OF STATION. THE RECORD SHOWS THAT YOU DEPARTED JAPAN FOR THE UNITED STATES ON NOVEMBER 24, 1952, PURSUANT TO THE ABOVE-CITED ORDERS. ON JUNE 24, 1953, YOU REQUESTED TRANSPORTATION FOR YOUR ALIEN DEPENDENTS TO THE UNITED STATES. IN THIS REQUEST YOU STATED THAT YOU MARRIED MISS HISAKO YOSHIDA WITH MILITARY APPROVAL ON MAY 1, 1952, IN TACHIKAWA, JAPAN, AND SOUGHT GOVERNMENT TRANSPORTATION FOR HER AND TETSURO ROLAND (SON) TO THE UNITED STATES. THIS REQUEST WAS "NOT FAVORABLY CONSIDERED" BY THE COMMANDING GENERAL, HEADQUARTERS UNITED STATES ARMY FORCES, FAR EAST, APO 343, FOR THE REASON THAT AT THAT TIME THE AMERICAN CONSULATE IN FUKUOKA, JAPAN, HAD NO RECORD OF YOUR MARRIAGE. SEE SECOND INDORSEMENT DATED JULY 3, 1953. ON SEPTEMBER 15, 1953, YOU CERTIFIED THAT YOUR WIFE AND SON DEPARTED FUKUOKA, JAPAN, ON AUGUST 24, 1953. THEY REACHED THE UNITED STATES ON AUGUST 27, 1953. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SUCH TRAVEL WAS DISALLOWED BY THE SETTLEMENT OF MARCH 3, 1954, FOR THE REASON THAT ON THE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS NO ENTITLEMENT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE ACCRUED TO YOU.

THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY LAW. SUBSECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, PROVIDES, IN MATERIAL PART, THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED, MEMBERS OF THE UNIFORMED SERVICES, WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. SUBSECTION 102 (G) OF THE ACT, 63 STAT. 804, AS AMENDED, DEFINING THE TERM "DEPENDENT" FOR THE PURPOSES OF THE STATUTE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE AND UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE, OF ANY MEMBER OF THE UNIFORMED SERVICES * * *.'

THUS, INCIDENT TO YOUR RETURN FROM OVERSEAS YOU WERE ENTITLED TO TRANSPORTATION ONLY FOR A LAWFUL WIFE WHO WAS SUCH ON THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS, THAT IS, NOVEMBER 10, 1952. UNDER APPLICABLE JAPANESE LAW, HOWEVER, THE ACCEPTANCE OF A NOTIFICATION OF MARRIAGE IS THE SOLE MEANS OF CONTRACTING A VALID MARRIAGE IN THAT JURISDICTION.

ACCORDING TO THE RECORD, MISAKO YOSHIDA SUBMITTED CERTIFIED COPIES OF HER FAMILY REGISTER TO THE SHIMONESEKI CITY OFFICE ON MARCH 10, 1953, AND A VALID MARRIAGE ENSUED UNDER JAPANESE LAW ON THAT DATE. IT FOLLOWS THAT, WHEN YOU WERE ORDERED TO RETURN TO THE UNITED STATES, YOUR WIFE WAS NOT YOUR DEPENDENT WITHIN THE MEANING OF THE AFORE-CITED ACT, IT BEING CLEARLY SHOWN BY THE RECORD THAT SHE DID NOT BECOME YOUR LAWFUL WIFE UNTIL MARCH 10, 1953. SINCE, ON THE EFFECTIVE DATE OF YOUR PERMANENT CHANGE OF STATION ORDERS, YOU HAD NO DEPENDENTS WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS, IT MUST BE CONCLUDED THAT THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF THE AMOUNT CLAIMED.