B-137249, SEP 30, 1958

B-137249: Sep 30, 1958

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KASPER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13. YOUR DEPENDENTS (WIFE AND FOUR CHILDREN) WERE AUTHORIZED TO TRAVEL FROM LEGHORN. THE ORDERS PROVIDED THAT THE COST OF TRAVEL FROM LEGHORN TO A PORT OF DEBARKATION IN THE UNITED STATES WOULD BE AT GOVERNMENT EXPENSE AND THAT TRAVEL IN THE UNITED STATES BEYOND THE PORT OF DEBARKATION PRIOR TO ORDERS RETURNING YOU TO THE UNITED STATES UPON PERMANENT CHANGE OF STATION WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM LEGHORN TO NEW YORK AND TRAVELED ON TO ORLANDO AT PERSONAL EXPENSE. THE TRAVEL WAS PERFORMED DURING THE PERIOD JUNE 2. YOU WERE RELIEVED FROM ASSIGNMENT AT VERONA. YOU WERE RELIEVED FROM ASSIGNMENT AT FORT HAMILTON.

B-137249, SEP 30, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL HERBERT E. KASPER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO ORLANDO, FLORIDA, DURING THE PERIOD MAY 16 TO 19, 1957.

BY LETTER ORDER 4-45, DATED APRIL 7, 1956, YOUR DEPENDENTS (WIFE AND FOUR CHILDREN) WERE AUTHORIZED TO TRAVEL FROM LEGHORN, ITALY, TO THE UNITED STATES PRIOR TO ORDERS FOR YOUR RETURN. THE ORDERS PROVIDED THAT THE COST OF TRAVEL FROM LEGHORN TO A PORT OF DEBARKATION IN THE UNITED STATES WOULD BE AT GOVERNMENT EXPENSE AND THAT TRAVEL IN THE UNITED STATES BEYOND THE PORT OF DEBARKATION PRIOR TO ORDERS RETURNING YOU TO THE UNITED STATES UPON PERMANENT CHANGE OF STATION WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM LEGHORN TO NEW YORK AND TRAVELED ON TO ORLANDO AT PERSONAL EXPENSE. THE TRAVEL WAS PERFORMED DURING THE PERIOD JUNE 2, TO 16, 1956. BY PARAGRAPH 1, SPECIAL ORDERS NO. 90, DATED APRIL 25, 1957, YOU WERE RELIEVED FROM ASSIGNMENT AT VERONA, ITALY, AND RETURNED TO FORT HAMILTON, BROOKLYN, NEW YORK, FOR RELEASE FROM ACTIVE DUTY, YOUR HOME BEING SHOWN AS ORLANDO, FLORIDA. PARAGRAPH 42, SPECIAL ORDERS NO. 83, DATED APRIL 29, 1957, YOU WERE RELIEVED FROM ASSIGNMENT AT FORT HAMILTON, RETIRED FROM ACTIVE SERVICE EFFECTIVE MAY 31, 1957, AND DIRECTED TO PROCEED TO YOUR HOME. YOU ARRIVED AT FORT HAMILTON ON MAY 15, 1957, AND WERE RELEASED THE SAME DAY. YOUR DEPENDENTS WERE AT YOUR HOME, ORLANDO, FLORIDA, WHEN THE PERMANENT CHANGE OF STATION ORDERS WERE ISSUED. HOWEVER, THEY TRAVELED TO NEW YORK TO MEET YOU AND ACCOMPANIED YOU ON YOUR TRAVEL TO ORLANDO BY PRIVATELY OWNED AUTOMOBILE DURING THE PERIOD MAY 16 TO 19, 1957. YOUR PRINCIPAL CONTENTION IS THAT JOINT TRAVEL REGULATIONS AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS INCIDENT TO RETIREMENT OF THE MEMBER IF TRAVEL IS COMPLETED WITHIN ONE YEAR AFTER THE RETIREMENT ORDERS ARE RECEIVED. SINCE THAT WAS ACCOMPLISHED IN YOUR CASE YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT. IF, UPON REVIEW, YOUR CLAIM IS NOT FOUND TO BE FOR ALLOWANCE YOU REQUEST THAT ALL PAPERS RELATING TO THE CLAIM BE RETURNED TO YOU TO PERMIT FURTHER APPEAL BY YOU TO THE DEPARTMENT OF DEFENSE.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT SECTION, AUTHORIZES THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION, INCLUDING THE CHANGE FROM LAST STATION TO HOME. RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION FOR THE MEMBER IN THE SERVICE. IT CONSISTENTLY HAS BEEN HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT THE EXPENSE OF TRAVEL OF DEPENDENTS MERELY FOR THE PURPOSE OF VISITING THE MEMBER, FOR PLEASURE TRIPS, OR FOR OTHER PURPOSES NOT CONTEMPLATING A CHANGE OF THE DEPENDENT'S RESIDENCE IN CONNECTION WITH A CHANGE OF THE MEMBER'S PERMANENT STATION IS NOT AN OBLIGATION OF THE GOVERNMENT. 33 COMP. GEN. 307.

IN THE CIRCUMSTANCES HERE INVOLVED, THE TRAVEL OF YOUR DEPENDENTS FROM YOUR HOME, ORLANDO, FLORIDA, TO NEW YORK, NEW YORK, AND RETURN, MUST BE REGARDED AS TRAVEL OTHER THAN FOR THE PURPOSE OF CHANGING RESIDENCE INCIDENT TO YOUR RETIREMENT. HENCE, UNDER THE LAW AND REGULATIONS, NO REIMBURSEMENT FOR SUCH TRAVEL IS AUTHORIZED, AND WE HAVE NO CHOICE OTHER THAN TO SUSTAIN THE SETTLEMENT DISALLOWING YOUR CLAIM.

THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS AND AGENCIES INVOLVED IN THE CLAIM. 28 COMP. GEN. 69; 31 ID. 596. INASMUCH AS THE PAPERS TRANSMITTED HERE AS A PART OF YOUR CLAIM NOW CONSTITUTE A PART OF THE PERMANENT RECORD UPON WHICH THE DISALLOWANCE WAS BASED, THEY ARE REQUIRED TO BE RETAINED HERE AND MAY NOT BE RETURNED TO YOU. 21 COMP. GEN. 819, 823.