B-136587, AUG. 5, 1958

B-136587: Aug 5, 1958

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JERRY GORELICK: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 26. YOU WERE RELEASED FROM ASSIGNMENT TO DUTY AT BAD KROUSNACH. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE JULY 3. WHICH WAS APPROVED. WAS MADE UNDER THE PROVISIONS OF PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS. THE REASON GIVEN FOR THE ADVANCE RETURN OF YOUR WIFE WAS TO ENABLE HER TO "MEET WITH TERM OF SCHOOL COMMENCING 25 JUNE 1956 AT RUTGERS UNIVERSITY. YOU SAY THAT NO GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR USE BY YOUR WIFE TO ENABLE HER TO REACH THE UNITED STATES IN TIME FOR THE BEGINNING OF SCHOOL AT RUTGERS UNIVERSITY. YOU WERE PAID $1.98 AS REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE FROM NEW YORK. WAS DISALLOWED BECAUSE GOVERNMENT TRANSPORTATION WAS AVAILABLE TO HER.

B-136587, AUG. 5, 1958

TO MR. JERRY GORELICK:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 26, 1957, ADDRESSED TO SETTLEMENTS OPERATIONS, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, REFERRED HERE ON JUNE 3, 1958, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED DECEMBER 11, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL TRANSPORTATION FOR YOUR DEPENDENT (WIFE) FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, INCIDENT TO YOUR SERVICE AS A FIRST LIEUTENANT, ARMY OF THE UNITED STATES.

BY ORDERS DATED MAY 21, 1956, YOU WERE RELEASED FROM ASSIGNMENT TO DUTY AT BAD KROUSNACH, GERMANY, AND DIRECTED TO REPORT AT FRANKFURT, GERMANY, ON JUNE 27, 1956, FOR PROCESSING AND MOVEMENT BY AIR TRANSPORTATION TO THE UNITED STATES. SUCH ORDERS AUTHORIZED CONCURRENT TRAVEL OF YOUR WIFE TO THE UNITED STATES. BY ORDERS DATED JULY 3, 1956, ISSUED AT HEADQUARTERS, PERSONNEL CENTER, FORT HAMILTON, BROOKLYN, NEW YORK, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE JULY 3, 1956, YOUR HOME OF RECORD BEING SHOWN AS NEW BRUNSWICK, NEW JERSEY. ON JUNE 4, 1956, YOU SUBMITTED THROUGH CHANNELS A REQUEST FOR THE RETURN OF YOUR WIFE TO THE UNITED STATES BY GOVERNMENT TRANSPORTATION PRIOR TO YOUR RETURN. THE REQUEST, WHICH WAS APPROVED, WAS MADE UNDER THE PROVISIONS OF PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS. THE REASON GIVEN FOR THE ADVANCE RETURN OF YOUR WIFE WAS TO ENABLE HER TO "MEET WITH TERM OF SCHOOL COMMENCING 25 JUNE 1956 AT RUTGERS UNIVERSITY, NEW BRUNSWICK, NEW JERSEY.' YOU SAY THAT NO GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR USE BY YOUR WIFE TO ENABLE HER TO REACH THE UNITED STATES IN TIME FOR THE BEGINNING OF SCHOOL AT RUTGERS UNIVERSITY. SHE TRAVELED BY COMMERCIAL AIRCRAFT AT PERSONAL EXPENSE FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, ON JUNE 20, 1956, AND THENCE TO NEW BRUNSWICK, NEW JERSEY, ON JUNE 21, 1956. BY SETTLEMENT DATED DECEMBER 11, 1956, YOU WERE PAID $1.98 AS REIMBURSEMENT FOR THE TRAVEL OF YOUR WIFE FROM NEW YORK, NEW YORK, TO NEW BRUNSWICK, NEW JERSEY. THAT PART OF YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, WAS DISALLOWED BECAUSE GOVERNMENT TRANSPORTATION WAS AVAILABLE TO HER.

ORDINARILY, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY AFTER ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS FOR THE MEMBER CONCERNED. IN ADDITION TO THE AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL AT PUBLIC EXPENSE ON THE BASIS OF A PERMANENT CHANGE OF STATION, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED OR WHEN ORDERS ARE OF SUCH A NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR TRANSPORTATION OF DEPENDENTS, THE SECRETARIES CONCERNED MAY, NEVERTHELESS, AUTHORIZE THE MOVEMENT OF DEPENDENTS AT GOVERNMENT EXPENSE, BUT ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. REGULATIONS PROVIDING FOR THE TRANSPORTATION OF DEPENDENTS FROM STATIONS OUTSIDE THE UNITED STATES ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN PARAGRAPH 7009 OF THE JOINT TRAVEL REGULATIONS.

SUBPARAGRAPH 7009-3 OF THE REGULATIONS PROVIDES THAT, UPON THE REQUEST OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS, ORDERS MAY BE ISSUED AUTHORIZING ADVANCE RETURN OF DEPENDENTS TO THE UNITED STATES, IN THE CIRCUMSTANCES AND WITHIN THE LIMITATIONS THERE PRESCRIBED.

THE STATUTE AUTHORIZES THE SECRETARIES CONCERNED TO ISSUE REGULATIONS PROVIDING FOR THE EARLY RETURN OF DEPENDENTS OF MILITARY PERSONNEL ONLY BECAUSE OF ACTUAL CONDITIONS OF AN EMERGENCY NATURE ARISING AT OVERSEAS DUTY STATIONS WHICH JUSTIFY SUCH RETURN AND WHICH GENERALLY COULD NOT ARISE, OR ARE MOST UNLIKELY TO ARISE IN THE CASE OF MEMBERS SERVING IN THE UNITED STATES FOR WHOM TRANSPORTATION OF DEPENDENTS GENERALLY IS AUTHORIZED ONLY UPON THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS. CONDITIONS OF A PERSONAL NATURE SUCH AS RETURN OF A DEPENDENT TO ATTEND SCHOOL MAY NOT BE CONSIDERED UNUSUAL OR EMERGENCY CIRCUMSTANCES AS CONTEMPLATED BY THE STATUTE. HENCE, THERE WAS NO AUTHORITY UNDER THE STATUTE FOR THE ISSUANCE OF ORDERS PROVIDING FOR THE EARLY RETURN OF YOUR WIFE TO THE UNITED STATES MERELY BECAUSE SHE DECIDED TO FURTHER HER COLLEGE EDUCATION.

SINCE THE ORDERS OF MAY 21, 1956, DIRECTING YOUR RETURN TO THE UNITED STATES, AUTHORIZED CONCURRENT TRAVEL OF YOUR WIFE, AND SINCE SHE WOULD HAVE BEEN FURNISHED GOVERNMENT TRANSPORTATION FROM GERMANY TO THE UNITED STATES HAD SHE NOT PERFORMED EARLY TRAVEL FOR PERSONAL REASONS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.