B-133568, OCT. 7, 1957

B-133568: Oct 7, 1957

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EMENO: FURTHER REFERENCE IS MADE TO YOUR WIFE'S LETTER DATED AUGUST 16. YOUR WIFE AND YOUR INFANT DAUGHTER WERE AUTHORIZED AND INVITED TO PROCEED FROM BAUMHOLDER. THOSE ORDERS WERE REVOKED BY LETTER ORDERS 1-33 DATED JANUARY 8. AVAILABILITY OF GOVERNMENT TRANSPORTATION IS EVIDENCED BY THE TRAVEL AUTHORIZATION IN THE ORDERS DATED JANUARY 4. SHOW THAT A DUTCH PASSPORT WHICH WAS ISSUED TO YOUR WIFE ON SEPTEMBER 5. THAT A UNITED STATES PASSPORT WHICH WAS ISSUED TO YOUR DAUGHTER. GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED. SHOWS THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING FROM EUROPE TO THE CONTINENTAL UNITED STATES DURING THE PERIOD IN QUESTION.

B-133568, OCT. 7, 1957

TO MR. CLIFFORD L. EMENO:

FURTHER REFERENCE IS MADE TO YOUR WIFE'S LETTER DATED AUGUST 16, 1957, WITH ENCLOSURE, WRITTEN IN YOUR BEHALF AND ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, REGARDING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' TRAVEL FROM BAUMHOLDER, GERMANY, TO CORTLAND, NEW YORK, DURING THE PERIOD FROM DECEMBER 23 TO 24, 1956, INCIDENT TO YOUR RETURN TO THE CONTINENTAL UNITED STATES FOR SEPARATION AS PROVIDED IN REDEPLOYMENT ORDERS 9372, DATED SEPTEMBER 18, 1956.

YOUR WIFE STATES THAT SHE DID NOT TRAVEL WITH YOU TO THE UNITED STATES BECAUSE OF THE BIRTH OF YOUR BABY IN SEPTEMBER, 1956. BY LETTER ORDERS 1- 17, DATED JANUARY 4, 1957, YOUR WIFE AND YOUR INFANT DAUGHTER WERE AUTHORIZED AND INVITED TO PROCEED FROM BAUMHOLDER, GERMANY, TO FRANKFURT, GERMANY, THENCE TO CORTLAND, NEW YORK. PARAGRAPH 2 OF THOSE ORDERS DIRECTED THAT THEY PROCEED ON OR ABOUT JANUARY 8, 1957, "REPORTING IN PERSON NOT EARLIER THAN 0700 HRS AND NOT LATER THAN 1500 HRS ON 8 JANUARY 1957, FOR PROCESSING AND RETURN TO THE US.' THOSE ORDERS WERE REVOKED BY LETTER ORDERS 1-33 DATED JANUARY 8, 1957, FOR THE REASON THAT THE INDIVIDUALS CONCERNED HAD RETURNED TO THE UNITED STATES AT THEIR OWN EXPENSE. THUS, AVAILABILITY OF GOVERNMENT TRANSPORTATION IS EVIDENCED BY THE TRAVEL AUTHORIZATION IN THE ORDERS DATED JANUARY 4, 1957, FOR TRAVEL COMMENCING JANUARY 8, 1957.

NOTATIONS IN THE ORDERS OF JANUARY 4 AND 8, 1957, SHOW THAT A DUTCH PASSPORT WHICH WAS ISSUED TO YOUR WIFE ON SEPTEMBER 5, 1954, EXPIRING SEPTEMBER 5, 1959, BORE A UNITED STATES VISA ISSUED SEPTEMBER 18, 1956, EXPIRING JANUARY 17, 1957, AND THAT A UNITED STATES PASSPORT WHICH WAS ISSUED TO YOUR DAUGHTER, EXPIRED ON FEBRUARY 25, 1957.

PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS, INSOFAR AS HERE PERTINENT, PROVIDES THAT ,FOR TRANS-OCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE * * *.'

A REPORT DATED MAY 15, 1957, MADE BY THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, IN CONNECTION WITH THE TRAVEL OF YOUR DEPENDENTS, SHOWS THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING FROM EUROPE TO THE CONTINENTAL UNITED STATES DURING THE PERIOD IN QUESTION. ALSO, THAT REPORT STATES THAT MILITARY SEA TRANSPORTATION SERVICE VESSELS OPERATED BETWEEN BREMERHAVEN, GERMANY, AND NEW YORK, NEW YORK, AND THAT MILITARY AIR TRANSPORT SERVICE AIRCRAFT OPERATED BETWEEN FRANKFURT, GERMANY, AND MCGUIRE AIR FORCE BASE, NEW JERSEY. IN VIEW OF THAT REPORT AND THE EVIDENCE OF AVAILABILITY OF GOVERNMENT TRANSPORTATION AS INDICATED BY ORDERS OF JANUARY 4, 1957, IT IS CLEAR THAT MRS. EMENO VOLUNTARILY RELINQUISHED TRANSPORTATION WHICH WOULD HAVE BEEN FURNISHED AND, FOR PERSONAL REASONS, TRAVELED BY COMMERCIAL MEANS AT YOUR EXPENSE. WHILE SHE STATES THAT SHE WAS TOLD THAT ORDERS AUTHORIZING HER TRAVEL TO THE UNITED STATES WOULD NOT BE ISSUED UNTIL JANUARY 1, 1957, AND THAT SHE COULD NOT TAKE THE RISK OF AWAITING SUCH ORDERS SINCE HER VISA WOULD EXPIRE ON JANUARY 17, 1957, YOUR ATTENTION IS INVITED TO THE FACT THAT THERE WAS SUFFICIENT TIME BETWEEN JANUARY 1 AND 16 FOR THE ISSUANCE OF THE TRAVEL ORDERS AND COMPLETION OF TRAVEL BY GOVERNMENT AIRCRAFT TO THE UNITED STATES. SUCH ORDERS ACTUALLY WERE ISSUED ON JANUARY 4 DIRECTING HER TO REPORT ON JANUARY 8 FOR PROCESSING AND TRAVEL TO THE UNITED STATES. IT SEEMS CLEAR THAT IF SHE HAD SO REPORTED, SHE WOULD HAVE ARRIVED IN THE UNITED STATES BEFORE JANUARY 17, 1957. HERE ACTION IN TRAVELING BY COMMERCIAL MEANS AT AN EARLIER DATE AFFORDS NO LEGAL BASIS FOR REIMBURSEMENT OF THE COST OF SUCH TRAVEL.