B-137351, OCT 9, 1958

B-137351: Oct 9, 1958

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AVRETT: REFERENCE IS MADE TO YOUR LETTER OF JULY 30. YOU WERE DETACHED FROM DUTY AT ATLANTA. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED BY COMMERCIAL AIRCRAFT AT PERSONAL EXPENSE FROM ATLANTA. YOU WERE ALLOWED $77.85 AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM ATLANTA. THAT PART OF YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK TO GERMANY WAS DISALLOWED BECAUSE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THAT TRAVEL. YOU EXPRESSED THE BELIEF THAT YOU ARE ENTITLED TO ADDITIONAL REIMBURSEMENT ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO FURNISH TRANSPORTATION FOR YOUR DEPENDENTS BY VESSEL FROM NEW YORK TO GERMANY.

B-137351, OCT 9, 1958

PRECIS-UNAVAILABLE

MR. EMORY D. AVRETT:

REFERENCE IS MADE TO YOUR LETTER OF JULY 30, 1958, AND ENCLOSURE, FORWARDED HERE BY THE SETTLEMENTS OPERATIONS, FINANCE CENTER, U. S. ARMY, INDIANOPOLIS, INDIANA, ON AUGUST 20, 1958, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT DATED NOVEMBER 8, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO GERMANY, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES ARMY.

BY ORDERS DATED OCTOBER 22 AND DECEMBER 9, 1952, YOU WERE DETACHED FROM DUTY AT ATLANTA, GEORGIA, AND ASSIGNED TO DUTY IN GERMANY. SUCH ORDERS DID NOT AUTHORIZE CONCURRENT TRAVEL OF YOUR DEPENDENTS. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED BY COMMERCIAL AIRCRAFT AT PERSONAL EXPENSE FROM ATLANTA, GEORGIA, TO GERMANY BETWEEN APRIL 13 AND 14, 1953. BY SETTLEMENT DATED NOVEMBER 8, 1956, YOU WERE ALLOWED $77.85 AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM ATLANTA, GEORGIA, TO NEW YORK, NEW YORK. THAT PART OF YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM NEW YORK TO GERMANY WAS DISALLOWED BECAUSE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THAT TRAVEL. IN YOUR LETTER OF JULY 30, 1958, YOU EXPRESSED THE BELIEF THAT YOU ARE ENTITLED TO ADDITIONAL REIMBURSEMENT ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO FURNISH TRANSPORTATION FOR YOUR DEPENDENTS BY VESSEL FROM NEW YORK TO GERMANY.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH EXPRESSLY PROVIDES THAT 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 CONCERNED MAY PRESCRIBE.

CHAPTER 7, JOINT TRAVEL REGULATIONS, ISSUED BY THE SECRETARIES TO IMPLEMENT THIS STATUTORY AUTHORITY, PROVIDES GENERALLY IN PARAGRAPH 7000 THAT MEMBERS OF THE UNIFORMED SERVICES (EXCEPT ENLISTED MEN IN THE LOWER PAY GRADES) ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN SUCH REGULATIONS. PARAGRAPH 7002-1B OF THE SAME REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT TRAVEL OF DEPENDENTS TO OR FROM THE UNITED STATES WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE, EXCEPT IN SPECIFIED INSTANCES NOT HERE MATERIAL. IN A REPORT FROM THE OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, IT IS STATED THAT GOVERNMENT TRANSPORTATION FROM NEW YORK, NEW YORK, TO GERMANY WAS AVAILABLE AT FREQUENT INTERVALS FOR ALL ELIGIBLE DEPENDENTS DURING THE PERIOD HERE INVOLVED. THE REGULATIONS DO NOT PROVIDE FOR REIMBURSEMENT TO A MEMBER WHOSE DEPENDENTS DO NOT AVAIL THEMSELVES OF GOVERNMENT TRANSPORTATION AND VOLUNTARILY PERFORM COMMERCIAL TRAVEL AT PERSONAL EXPENSE FOR THEIR CONVENIENCE.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT ON YOUR CLAIM, AND THE SETTLEMENT OF NOVEMBER 8, 1956, IS SUSTAINED.