B-135015, MAR. 6, 1958

B-135015: Mar 6, 1958

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TO MASTER SERGEANT LUIS MULLER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9. THE RECORD SHOWS THAT WHILE YOU WERE SERVING AS CHIEF WARRANT OFFICER ASSIGNED TO HEADQUARTERS COMPANY. THESE ORDERS CONTAINED THE STATEMENT "TRAVEL IS AUTH TO PORT OF DEBARKATION IN CONUS ONLY.'. THE DATE YOU WERE ORDERED TO PERMANENT DUTY IN PUERTO RICO. YOUR DEPENDENTS WERE LIVING IN SAN JUAN AT THAT TIME. THE FACT THAT GOVERNMENT MEANS OF TRANSPORTATION MAY OR MAY NOT HAVE BEEN AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK CITY TO YOUR HOME IN SAN JUAN IS OF NO IMPORTANCE IN CONNECTION WITH YOUR CLAIM. SINCE SUCH TRAVEL AT GOVERNMENT EXPENSE WAS NEITHER AUTHORIZED NOR CONTEMPLATED BY THE ORDERS DATED JULY 21.

B-135015, MAR. 6, 1958

TO MASTER SERGEANT LUIS MULLER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1958, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MARCH 15, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL AIR TRAVEL PERFORMED BY YOUR DEPENDENTS (WIFE AND FOUR CHILDREN), FROM NEW YORK, NEW YORK, TO SAN JUAN, PUERTO RICO, IN AUGUST 1956.

THE RECORD SHOWS THAT WHILE YOU WERE SERVING AS CHIEF WARRANT OFFICER ASSIGNED TO HEADQUARTERS COMPANY, 124TH ARMORED ORDNANCE BATTALION, U.S. ARMY, APO 42 (BAD KREUZNACH, GERMANY), LETTER ORDERS DATED JULY 12, 1956, AUTHORIZED YOUR DEPENDENTS TO PROCEED FROM BAD KREUZNACH, GERMANY, TO THE U.S. ARMY AIR PASSENGER CENTER, RHEIN MAIN AIR FORCE BASE, FRANKFURT, GERMANY, FOR PROCESSING AND MOVEMENT BY MILITARY AIRCRAFT TO A DEBARKATION POINT IN THE CONTINENTAL UNITED STATES. THESE ORDERS CONTAINED THE STATEMENT "TRAVEL IS AUTH TO PORT OF DEBARKATION IN CONUS ONLY.' AFTER YOUR DEPENDENTS COMPLETED TRAVEL TO NEW YORK CITY BY MILITARY PLANE ON AUGUST 16, 1956, THEY PROCEEDED TO SAN JUAN, PUERTO RICO, BY COMMERCIAL AIRCRAFT, PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS DATED NOVEMBER 7, 1956, WHICH RELIEVED YOU FROM FURTHER DUTY IN GERMANY, AND ASSIGNED YOU TO DUTY AT FORT BUCHANAN, PUERTO RICO.

THE JOINT TRAVEL REGULATIONS (CHAPTER 7) ISSUED PURSUANT TO THE PROVISIONS OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE THAT MEMBERS OF THE UNIFORMED SERVICES (WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL) SHALL BE ENTITLED TO TRANSPORTATION IN KIND (OR TO A MONETARY ALLOWANCE IN LIEU THEREOF) FOR AUTHORIZED TRAVEL OF THEIR DEPENDENTS, UPON A PERMANENT CHANGE OF STATION. PARAGRAPH 7009-3 OF SUCH REGULATIONS PROVIDES THAT IN CERTAIN UNUSUAL OR EMERGENCY SITUATIONS A MEMBER ON PERMANENT DUTY OUTSIDE THE UNITED STATES MAY REQUEST AND BE ISSUED ORDERS AUTHORIZING ADVANCE RETURN TRAVEL FOR SUCH DEPENDENTS TO THE UNITED STATES PROVIDED THE ORDERS SPECIFICALLY LIMIT THE TRANSPORTATION TO BE FURNISHED TO A PORT OF DEBARKATION IN THE UNITED STATES. NO AUTHORITY EXISTS FOR THE FURTHER MOVEMENT OF DEPENDENTS FROM SUCH PORT OF DEBARKATION AT GOVERNMENT EXPENSE, IN THE ABSENCE OF COMPETENT ORDERS EFFECTING A PERMANENT CHANGE OF THE MEMBER'S DUTY STATION. AFTER RECEIVING GOVERNMENT TRANSPORTATION FOR YOUR DEPENDENTS TO NEW YORK CITY, NO ADDITIONAL RIGHT TO TRANSPORTATION OF DEPENDENTS ACCRUED IN YOUR BEHALF UNTIL OR ON AFTER NOVEMBER 7, 1956, THE DATE YOU WERE ORDERED TO PERMANENT DUTY IN PUERTO RICO. APPARENTLY, YOUR DEPENDENTS WERE LIVING IN SAN JUAN AT THAT TIME.

THE FACT THAT GOVERNMENT MEANS OF TRANSPORTATION MAY OR MAY NOT HAVE BEEN AVAILABLE FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK CITY TO YOUR HOME IN SAN JUAN IS OF NO IMPORTANCE IN CONNECTION WITH YOUR CLAIM, SINCE SUCH TRAVEL AT GOVERNMENT EXPENSE WAS NEITHER AUTHORIZED NOR CONTEMPLATED BY THE ORDERS DATED JULY 21, 1956, AND PAYMENT THEREFOR IS SPECIFICALLY PRECLUDED BY THE ABOVE-CITED REGULATIONS.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF MARCH 15, 1957, IS FOUND CORRECT AND IS SUSTAINED.