B-134994, MAR. 5, 1958

B-134994, MAR. 5, 1958

TO SERGEANT CHARLES A. FISHER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 13, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM NEW YORK, NEW YORK, TO ULM, GERMANY.

THE 8TH INFANTRY DIVISION, OF WHICH YOU WERE A MEMBER, WAS TRANSFERRED FROM FORT CARSON, COLORADO, TO BREMERHAVEN, GERMANY, BY MOVEMENT ORDER NO. 1, DATED FEBRUARY 29, 1956. WHILE IT APPEARS YOU DID NOT HAVE A DEPENDENT ON THAT DATE, THE RECORD INDICATES YOU WERE MARRIED PRIOR TO THE DATE ON WHICH YOU WERE REQUIRED TO PROCEED TO YOUR NEW STATION. CONCURRENT TRAVEL OF YOUR DEPENDENT WAS NOT AUTHORIZED. UPON YOUR ARRIVAL IN GERMANY YOU OBTAINED PRIVATE HOUSING FOR YOUR WIFE, GOVERNMENT QUARTERS NOT BEING AVAILABLE. PRESUMABLY YOU APPLIED FOR TRANSPORTATION FOR YOUR WIFE TO YOUR OVERSEAS STATION. HOWEVER, PRIOR TO THE ISSUANCE OF ORDERS AUTHORIZING HER TRANSPORTATION YOU ARRANGED FOR HER TRAVEL AT PERSONAL EXPENSE. SHE TRAVELED FROM COLORADO SPRINGS, COLORADO, TO ULM, GERMANY, BETWEEN THE DATES OF AUGUST 15 AND DECEMBER 7, 1956. REIMBURSEMENT FOR THE LAND TRAVEL IN THE UNITED STATES WAS EFFECTED BY THE DEPARTMENT OF THE ARMY. YOUR CLAIM FOR REIMBURSEMENT FOR THE OCEAN TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN. YOUR PRESENT LETTER FURNISHES NO INFORMATION OR EVIDENCE NOT PREVIOUSLY CONSIDERED. IT EVIDENTLY IS YOUR BELIEF, HOWEVER, THAT THERE MAY BE SOME BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THE RIGHT TO DEPENDENTS' TRAVEL IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY RESTRICTED, SUSPENDED OR DENIED FOR REASONS OF MILITARY NECESSITY OR EXPEDIENCY. CULP V. UNITED STATES, 76 C.CLS. 507. THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF PERMANENT STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES MAY PRESCRIBE. WHEN A MEMBER IS ORDERED TO DUTY OVERSEAS AND HIS DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE NEW STATION AT THE SAME TIME, JOINT TRAVEL REGULATIONS PROVIDE THAT THE DEPENDENTS MAY TRAVEL FROM THE OLD STATION TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE AND SUBSEQUENTLY FROM THAT PLACE TO THE MEMBER'S CURRENT DUTY STATION. THOSE REGULATIONS FURTHER PROVIDE THAT TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS MUST BE BY GOVERNMENT TRANSPORTATION IF AVAILABLE.

AT THE TIME HERE INVOLVED TRANSPORTATION OF DEPENDENTS TO OVERSEAS STATIONS TO WHICH, IN GENERAL COORDINATED TRAVEL OF THE MEMBER AND HIS DEPENDENTS WAS NOT AUTHORIZED, WAS GOVERNED BY A PRIORITY SYSTEM AS PUBLISHED IN SPECIAL REGULATIONS 55-765-5, THE PURPOSE OF WHICH WAS TO ESTABLISH A FAIR AND EQUITABLE MEANS OF REUNITING FAMILIES SEPARATED BY OVERSEAS SERVICE. THE EFFECT OF THE REGULATIONS WAS TO RESTRICT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UNTIL THEIR TRANSPORTATION, ON A PRIORITY BASIS, WAS AUTHORIZED BY THE OVERSEAS COMMANDER CONCERNED. SINCE NO AUTHORIZATION WAS ISSUED FOR YOUR WIFE'S TRAVEL, THERE IS NO LEGAL BASIS FOR REIMBURSING YOU FOR HER OCEAN TRAVEL. FURTHER, THE RECORD SHOWS THAT HAD YOUR WIFE'S TRAVEL BEEN AUTHORIZED, GOVERNMENT TRANSPORTATION WAS AVAILABLE AND WOULD HAVE BEEN FURNISHED.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 13, 1957, WAS CORRECT AND IS SUSTAINED. COPIES OF THE ..END :