B-137868, DEC 29, 1958

B-137868: Dec 29, 1958

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HARRIS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. YOU WERE RELEASED FROM ARMY MEDICAL DETACHMENT (1325). YOU WERE ALLOWED $3.24. REIMBURSEMENT FOR THE OCEAN TRAVEL WAS DISALLOWED. IT BEING STATED THAT GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE FOR THE TRAVEL. REQUESTING INFORMATION ON AVAILABLE SPACE FOR TRAVEL BY SHIP TO GERMANY AND WAS ADVISED THAT FORMAL APPLICATION WOULD BE OF NO AVAIL AS SPACE WAS NOT THEN CURRENTLY AVAILABLE AND THAT NO FORECAST COULD BE MADE REGARDING POSSIBLE AVAILABILITY. PROVIDES THAT OVERSEAS TRAVEL BY MILITARY AIRCRAFT IS NOT AUTHORIZED. THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FOR YOUR TRAVEL. THAT IT WAS NECESSARY FOR YOU TO USE COMMERCIAL AIR TRANSPORTATION.

B-137868, DEC 29, 1958

PRECIS-UNAVAILABLE

FIRST LIEUTENANT HERBERT L. HARRIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1958, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES FOR YOUR TRAVEL FROM THE UNITED STATES TO MANNHEIM, GERMANY, APRIL 13 AND 14, 1958.

BY PARAGRAPH 59, SPECIAL ORDERS NO. 66, DATED APRIL 1, 1958, YOU WERE RELEASED FROM ARMY MEDICAL DETACHMENT (1325), U. S. NAVAL HOSPITAL, ST. ALBANS, NEW YORK, AND RETIRED BY REASON OF PHYSICAL DISABILITY EFFECTIVE APRIL 8, 1958. YOU SELECTED MANNHEIM, GERMANY, AS YOUR HOME UPON RETIREMENT AND TRAVELED FROM IDLEWILD INTERNATIONAL AIRPORT, NEW YORK, TO FRANKFURT, GERMANY, BY COMMERCIAL AIR AND THENCE TO MANNHEIM BY RAIL AT PERSONAL EXPENSE. BY SETTLEMENT DATED SEPTEMBER 2, 1958, YOU WERE ALLOWED $3.24, REPRESENTING MILEAGE FROM FRANKFURT TO MANNHEIM, GERMANY. REIMBURSEMENT FOR THE OCEAN TRAVEL WAS DISALLOWED, IT BEING STATED THAT GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE FOR THE TRAVEL.

IN YOUR PRESENT LETTER YOU STATE THAT AT THE TIME OF YOUR RETIREMENT THE COMMANDING OFFICER, ARMY MEDICAL DETACHMENT (1325), ST. ALBANS NAVAL HOSPITAL, UPON YOUR REQUEST, CONTACTED THE PROPER OFFICE OF THE COMMANDING GENERAL, BROOKLYN ARMY TERMINAL, REQUESTING INFORMATION ON AVAILABLE SPACE FOR TRAVEL BY SHIP TO GERMANY AND WAS ADVISED THAT FORMAL APPLICATION WOULD BE OF NO AVAIL AS SPACE WAS NOT THEN CURRENTLY AVAILABLE AND THAT NO FORECAST COULD BE MADE REGARDING POSSIBLE AVAILABILITY. YOU FURTHER STATE THAT PARAGRAPH 31, SECTION V, DEPARTMENT OF THE ARMY PAMPHLET 600-5, RETIRED ARMY PERSONNEL HANDBOOK, DATED AUGUST 1957, PROVIDES THAT OVERSEAS TRAVEL BY MILITARY AIRCRAFT IS NOT AUTHORIZED. YOU CONTEND, THEREFORE, THAT GOVERNMENT TRANSPORTATION WAS NOT AVAILABLE FOR YOUR TRAVEL; THAT IT WAS NECESSARY FOR YOU TO USE COMMERCIAL AIR TRANSPORTATION, AND THAT YOU ARE ENTITLED TO REIMBURSEMENT.

PARAGRAPH 4158-1A OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOR PHYSICAL DISABILITY MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION IN ACCORDANCE WITH PARAGRAPH 4159, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. PARAGRAPH 4159-4 OF THE REGULATIONS PROVIDES THAT WHEN THE TRAVEL IS FROM THE UNITED STATES TO A POINT OUTSIDE THE UNITED STATES REIMBURSEMENT IS AUTHORIZED FOR THE TRANSOCEANIC TRAVEL ONLY WHEN TRANSPORTATION VIA GOVERNMENT AIRCRAFT OR VESSEL IS NOT AVAILABLE.

PARAGRAPH 29, DEPARTMENT OF THE ARMY PAMPHLET 600-5, RETIRED ARMY PERSONNEL HANDBOOK, PROVIDES THAT MEMBERS WHO ARE ENTITLED TO TRAVEL ALLOWANCES TO A HOME OF SELECTION INCIDENT TO RETIREMENT MAY SELECT A HOME OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, AND THAT TRAVEL TO SUCH HOME MAY BE BY COMMERCIAL MEANS ONLY WHEN GOVERNMENT TRANSPORTATION IS NOT AVAILABLE. IT FURTHER PROVIDES THAT, FOR TRAVEL TO A HOME OUTSIDE THE CONTINENTAL UNITED STATES, RETIREMENT ORDERS MUST BE SUPPLEMENTED BY A SEPARATE TRAVEL AUTHORIZATION WHICH SHOULD BE PROCURED FROM THE COMMANDING GENERAL OF THE ARMY AREA IN WHICH THE MEMBER WAS LAST STATIONED BEFORE RETIREMENT. PARAGRAPH 3, ARMY REGULATIONS 55-107 PROVIDES THAT PERSONNEL TRAVELING UNDER ORDERS WILL BE FURNISHED TRANSPORTATION ABOARD VESSELS OF THE MILITARY SEA TRANSPORTATION SERVICE ON A SPACE REQUIRED BASIS WITH A CATEGORY 1 PRIORITY. PARAGRAPH 6, ARMY REGULATIONS 96-25, CONTAINS A SIMILAR PROVISION FOR FURNISHING TRANSPORTATION VIA MILITARY AIR TRANSPORT SERVICE. THE RECORD DOES NOT SHOW - NOR DOES YOUR LETTER INDICATE - THAT YOU MADE A WRITTEN APPLICATION FOR TRANSPORTATION TO YOUR OVERSEAS HOME OF SELECTION UPON RECEIPT OF THE ORDERS EFFECTING YOUR RETIREMENT.

THE CHIEF OF TRANSPORTATION UPON CONSIDERATION OF THE FACTS IN YOUR CASE HAS ADVISED US THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WERE AVAILABLE FOR ALL ELIGIBLE RETIRED MILITARY PERSONNEL TRAVELING FROM THE CONTINENTAL UNITED STATES TO GERMANY DURING THE PERIOD IN QUESTION; THAT MILITARY SEA TRANSPORTATION SERVICE VESSELS OPERATED BETWEEN NEW YORK, NEW YORK, AND BREMERHAVEN, GERMANY, AND THAT MILITARY AIR TRANSPORT AIRCRAFT OPERATED BETWEEN MCGUIRE AIR FORCE BASE, NEW JERSEY, AND FRANKFUR, GERMANY. IN VIEW OF THAT REPORT IT MUST BE CONCLUDED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL TO GERMANY AND WOULD HAVE BEEN FURNISHED ON A SPACE REQUIRED BASIS BY EITHER WATER OR AIR UPON YOUR APPLICATION NOTWITHSTANDING ANY ADVICE TO THE CONTRARY THAT MAY HAVE BEEN FURNISHED YOU. SUCH BEING THE CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THE PROVISION IN PARAGRAPH 31 OF RETIRED ARMY PERSONNEL HANDBOOK TO WHICH YOU REFER IS NOT APPLICABLE TO TRAVEL UNDER ORDERS. IT RELATES TO THE PRIVILEGE EXTENDED TO CERTAIN PERSONNEL TO TRAVEL ABOARD GOVERNMENT OWNED VESSELS AND MILITARY AIRCRAFT ON A SPACE AVAILABLE BASIS AFTER RETIREMENT RATHER THAN THE TRANSPORTATION AUTHORIZED INCIDENT TO RETIREMENT. TRANSPORTATION FOR SUCH TRAVEL, LIMITED TO ONE ROUND TRIP IN ANY 12-MONTH PERIOD, MAY BE FURNISHED ONLY WHEN THE SPACE IS NOT REQUIRED FOR PERSONNEL TRAVELING ON OFFICIAL ORDERS. IT IS FURNISHED TO AND FROM OVERSEAS DESTINATIONS ABOARD VESSELS OPERATED BY THE MILITARY SEA TRANSPORTATION SERVICE. THE PRIORITY ASSIGNED TO SUCH TRAVEL IS CATEGORY 13. SEE PARAGRAPH 3, ARMY REGULATIONS 55-107.

THERE BEING NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF SEPTEMBER 2, 1958, WAS CORRECT AND IS SUSTAINED.