B-133691, NOV. 4, 1957

B-133691: Nov 4, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RA 10 406 168: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20. YOU WERE TRANSFERRED TO FORT DIX. YOUR APPLICATION FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS FROM FORT CAMPBELL TO YOUR OVERSEAS STATION WAS DISAPPROVED BY THE OVERSEAS COMMANDER FOR THE REASON THAT YOU WERE TO BE ASSIGNED TO THE 7TH ARMY COMMAND. THE AVERAGE DELAY OF MOVING DEPENDENTS INTO THAT AREA WAS 17 WEEKS. YOU WERE REIMBURSED FOR THEIR LAND TRAVEL FROM FORT CAMPBELL TO NEW YORK. YOUR CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM THE LATTER POINT TO PUERTO RICO WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE STATED REASONS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE BUT NOT UTILIZED. YOU FURTHER STATE THAT SINCE YOUR DEPENDENTS WERE TO JOIN YOU AT YOUR OVERSEAS STATION IN APPROXIMATELY 17 WEEKS YOU ARE UNDER THE IMPRESSION THEY WERE AUTHORIZED ONLY TO TRAVEL TO YOUR OVERSEAS STATION.

B-133691, NOV. 4, 1957

TO AMERICO RAMOS-PEREZ, SP-1, RA 10 406 168:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 26, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM NEW YORK, NEW YORK, TO GUAYANA, PUERTO RICO.

BY ORDERS DATED AUGUST 20, 1956, FORT CAMPBELL, KENTUCKY, YOU WERE TRANSFERRED TO FORT DIX, NEW JERSEY, FOR FURTHER TRANSPORTATION TO UNITED STATES ARMY, EUROPE. YOUR APPLICATION FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS FROM FORT CAMPBELL TO YOUR OVERSEAS STATION WAS DISAPPROVED BY THE OVERSEAS COMMANDER FOR THE REASON THAT YOU WERE TO BE ASSIGNED TO THE 7TH ARMY COMMAND, APO 46, VAIHINGEN, GERMANY, AND THE AVERAGE DELAY OF MOVING DEPENDENTS INTO THAT AREA WAS 17 WEEKS. YOUR DEPENDENTS TRAVELED FROM FORT CAMPBELL, KENTUCKY, TO GUAYAMA, PUERTO RICO, DURING THE PERIOD SEPTEMBER 19 TO 24, 1956. THEREAFTER, APPARENTLY IN APRIL 1957, THEY TRAVELED FROM PUERTO RICO TO YOUR OVERSEAS STATION. YOU WERE REIMBURSED FOR THEIR LAND TRAVEL FROM FORT CAMPBELL TO NEW YORK, NEW YORK, BY THE DEPARTMENT OF THE ARMY. YOUR CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM THE LATTER POINT TO PUERTO RICO WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE STATED REASONS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE BUT NOT UTILIZED. IN YOUR PRESENT LETTER YOU STATE YOU DO NOT CONTEST THE AVAILABILITY OF GOVERNMENT TRANSPORTATION. YOU FURTHER STATE THAT SINCE YOUR DEPENDENTS WERE TO JOIN YOU AT YOUR OVERSEAS STATION IN APPROXIMATELY 17 WEEKS YOU ARE UNDER THE IMPRESSION THEY WERE AUTHORIZED ONLY TO TRAVEL TO YOUR OVERSEAS STATION, AND THAT YOU WERE NOT AWARE THAT YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL TO PUERTO RICO AT GOVERNMENT EXPENSE. YOU ALSO MENTION CERTAIN HYPOTHETICAL MATTERS RELATING TO AVAILABILITY OF GOVERNMENT TRANSPORTATION.

WHILE YOUR CLAIM WAS DISALLOWED UPON THE GROUND THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS' TRAVEL, IT APPEARS THAT YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR THE COSTS OF THEIR TRAVEL IF THAT HAD NOT BEEN THE CASE.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 7008-3) THAT WHEN DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE MEMBER'S NEW PERMANENT STATION OUTSIDE THE UNITED STATES AT THE TIME THE MEMBER DEPARTS FROM HIS OLD DUTY STATION, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE PLACE WHERE THE DEPENDENTS ARE LOCATED UPON RECEIPT OF THE CHANGE OF STATION ORDERS, NOT TO EXCEED THE COST FROM THE MEMBERS OLD PERMANENT STATION (1) TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE, (2) TO THE POINT OF ACTUAL DEPARTURE FROM THE UNITED STATES DESIGNATED BY THE MEMBER, OR (3) TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES "IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.' IN THE ABSENCE OF SUCH APPROVAL, THE PROVISIONS OF (2) APPLY. THUS, WHEN YOUR APPLICATION FOR CONCURRENT TRAVEL OF DEPENDENTS TO YOUR OVERSEAS STATION WAS DISAPPROVED YOU COULD HAVE MADE APPLICATION FOR TRAVEL OF YOUR DEPENDENTS TO PUERTO RICO. HAD THE APPLICATION BEEN APPROVED, YOUR DEPENDENTS WOULD HAVE BEEN TRANSPORTED AT GOVERNMENT EXPENSE FROM NEW YORK, NEW YORK, TO SAN JUAN, PUERTO RICO. SINCE TRAVEL OF YOUR DEPENDENTS TO PUERTO RICO WAS NOT APPROVED, REIMBURSEMENT FOR THEIR TRAVEL WAS NOT AUTHORIZED BEYOND NEW YORK, NEW YORK.