B-132868, OCT. 2, 1957

B-132868, OCT. 2, 1957

TO MR. CHARLES E. MARTIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 24, 1957, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF JUNE 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO SAN JUAN, PUERTO RICO, INCIDENT TO YOUR RETIREMENT AS SERGEANT FIRST CLASS, U.S. ARMY.

BY DEPARTMENT OF THE ARMY ORDERS DATED DECEMBER 19, 1956, YOU WERE RETIRED EFFECTIVE DECEMBER 31, 1956. BY ORDERS DATED DECEMBER 29,1956, FORT DIX, NEW JERSEY, YOU WERE DIRECTED TO PROCEED TO YOUR HOME, CAYEY, PUERTO RICO. YOU AND YOUR DEPENDENTS (WIFE AND DAUGHTER) TRAVELED FROM FORT DIX, NEW JERSEY, TO CAYEY, PUERTO RICO, JANUARY 4 AND 5, 1957. THE SETTLEMENT MENTIONED ABOVE ALLOWED YOU $16.72 AS REIMBURSEMENT FOR THE TRAVEL AT NOT TO EXCEED THE ALLOWANCE FOR TRAVEL FROM FORT DIX, NEW JERSEY, TO NEW YORK, NEW YORK, AND FROM SAN JUAN TO CAYEY, PUERTO RICO. REIMBURSEMENT FOR OCEAN TRAVEL FROM NEW YORK, NEW YORK, TO SAN JUAN , PUERTO RICO, WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE. IN YOUR REQUEST FOR REVIEW YOU STATE THAT UPON RETIREMENT YOU WERE INFORMED YOU COULD NOT TRAVEL BY MILITARY AIR TRANSPORT OR BY GOVERNMENT SURFACE TRANSPORTATION, AND THAT YOU WOULD HAVE TO TRAVEL BY COMMERCIAL MEANS AND FILE A CLAIM FOR REIMBURSEMENT UPON COMPLETION OF THE TRAVEL. YOU FURTHER STATE THAT DEPARTMENT OF THE ARMY PAMPHLET NO. 21-56, THE PURPOSE OF WHICH IS TO FURNISH INFORMATION TO RETIRED PERSONNEL, STATES THAT UPON COMPLETION OF TRAVEL OF A RETIRED PERSON AND HIS DEPENDENTS TO HIS HOME, A CLAIM SHOULD BE FILED. ALSO, YOU MENTION THAT THE ORDERS OF DECEMBER 19 AND 29, 1956, DID NOT STATE GOVERNMENT TRANSPORTATION WAS AVAILABLE AND MUST BE USED FOR OCEAN TRAVEL TO HOME OF RECORD.

PARAGRAPH 4159-4, JOINT TRAVEL REGULATIONS, AUTHORIZES REIMBURSEMENT FOR TRANSOCEANIC TRAVEL OF A MEMBER ONLY IN THE EVENT THAT GOVERNMENT AIRCRAFT OR VESSEL IS NOT AVAILABLE. PARAGRAPH 7002-1B OF SUCH REGULATIONS, PROVIDES THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE. IN YOUR CASE, THE CHIEF OF TRANSPORTATION REPORTED THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE MILITARY PERSONNEL AND THEIR DEPENDENTS TRAVELING FROM THE CONTINENTAL UNITED STATES TO PUERTO RICO DURING THE PERIOD IN QUESTION. SUCH BEING THE CASE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

A STATEMENT IN A DEPARTMENT OF THE ARMY PAMPHLET ADVISING RETIRED PERSONNEL TO PERFORM TRAVEL TO THEIR HOME WITHIN ONE YEAR FROM DATE OF RETIREMENT AND TO CLAIM REIMBURSEMENT UPON COMPLETION OF TRAVEL, DOES NOT CONSTITUTE AUTHORITY TO PERFORM OCEAN TRAVEL BY COMMERCIAL MEANS WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE. ALSO, THERE APPEARS TO BE NO REQUIREMENT THAT RETIREMENT ORDERS DIRECT THE MODE OF TRANSPORTATION TO BE USED BY A MEMBER AND HIS DEPENDENTS IN TRAVELING TO HIS HOME UPON HIS RETIREMENT. THEREFORE, NEITHER THE PAMPHLET, THE ERRONEOUS ADVICE YOU SAY YOU WERE FURNISHED CONCERNING THE USE OF COMMERCIAL TRANSPORTATION, NOR THE FACT THAT YOUR ORDERS WERE SILENT AS TO THE MODE OF TRANSPORTATION YOU AND YOUR DEPENDENTS WERE TO USE IN TRAVELING TO YOUR HOME, MAY BE CONSIDERED AS CONSTITUTING AUTHORITY FOR REIMBURSEMENT FOR THE COST OF COMMERCIAL TRAVEL WHEN GOVERNMENT TRANSPORTATION WAS AVAILABLE.