B-140640, DEC. 3, 1959

B-140640, DEC. 3, 1959

TO COLONEL HENRY W. DORR, USAF, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 14, 1959, REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 22, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS (WIFE AND DAUGHTER) FROM ATHENS, GREECE, TO SOUTHAMPTON, ENGLAND, INCIDENT TO YOUR RETIREMENT EFFECTIVE MAY 31, 1957. BY ORDERS DATED MAY 17, 1957, AS AMENDED, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY WITH THE JOINT UNITED STATES MILITARY ADVISORY GROUP AT ATHENS, GREECE, AND RETIRED EFFECTIVE MAY 31, 1957. SUCH ORDERS DIRECTED YOU TO PROCEED TO A HOME OF YOUR SELECTION. YOU SELECTED WASHINGTON, D.C., AS YOUR HOME UPON RETIREMENT. YOUR RELEASE WAS EFFECTED AT ATHENS AT YOUR REQUEST.

YOU STATE THAT YOU AND YOUR DEPENDENTS TRAVELED BY PRIVATE AUTOMOBILE FROM ATHENS, GREECE, TO SOUTHAMPTON, ENGLAND, BETWEEN JUNE 13 AND SEPTEMBER 2, 1957. IT APPEARS THAT YOU AND YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM ENGLAND TO NEW YORK, NEW YORK, AND THAT YOU WERE PAID BY THE GOVERNMENT FOR YOUR TRAVEL AND THE TRAVEL OF YOUR DEPENDENTS COMPUTED ON A MILEAGE BASIS FOR THE DISTANCE FROM NEW YORK, NEW YORK, TO WASHINGTON, D.C. YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS FROM ATHENS, GREECE, TO SOUTHAMPTON, ENGLAND, WAS DISALLOWED BY OUR SETTLEMENT DATED JULY 22, 1959.

IN SUPPORT OF YOUR CLAIM YOU SAY IN SUBSTANCE THAT YOU WERE OFFICIALLY ADVISED THAT YOUR RETIREMENT IN GREECE WOULD NOT JEOPARDIZE YOUR MODE OF TRANSPORTATION TO THE UNITED STATES NOR YOUR RIGHT TO REIMBURSEMENT FOR SUCH TRAVEL; THAT SINCE COUNTERPART FUNDS WERE AVAILABLE FOR PAYMENT OF THE COST OF YOUR TRAVEL AND THE TRAVEL OF YOUR DEPENDENTS FROM GREECE TO THE UNITED STATES, THE JOINT TRAVEL REGULATIONS SHOULD NOT APPLY IN YOUR CASE; AND THAT YOU AND YOUR DEPENDENTS WERE NOT REQUIRED TO UTILIZE AVAILABLE GOVERNMENT TRANSPORTATION FROM ATHENS TO NEW YORK. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

ON THE BASIS OF ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY AND RETIREMENT AT ATHENS, GREECE, AND YOUR SELECTION OF WASHINGTON, D.C., AS YOUR HOME UPON RETIREMENT, YOU BECAME ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL BETWEEN THOSE POINTS BY THE DIRECT USUALLY TRAVELED ROUTE. PARAGRAPH 4159-2 OF THE JOINT TRAVEL REGULATIONS GOVERNING TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES FROM POINTS OUTSIDE THE UNITED STATES REQUIRES THE USE OF GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE. PARAGRAPH 7002-1B OF THE SAME REGULATIONS REQUIRES THE USE OF GOVERNMENT AIRCRAFT OR VESSEL FOR TRANSOCEANIC TRAVEL OF DEPENDENTS, IF AVAILABLE. IT IS SHOWN THAT AT THE TIME HERE INVOLVED THE MILITARY SEA TRANSPORTATION SERVICE HAD SAILINGS SCHEDULED EACH MONTH FROM GREECE TO NEW YORK, NEW YORK. THUS, IT APPEARS THAT HAD YOU DESIRED GOVERNMENT TRANSPORTATION FOR YOURSELF AND YOUR DEPENDENTS FROM GREECE TO THE UNITED STATES, IT WOULD HAVE BEEN FURNISHED FOLLOWING YOUR RETIREMENT HAD YOU MADE APPLICATION THEREFOR. THE FACT THAT COUNTERPART FUNDS WERE AVAILABLE FOR PAYMENT OF AUTHORIZED TRAVEL BY YOU AND YOUR DEPENDENTS DOES NOT INCREASE YOUR RIGHTS IN THE MATTER AS FIXED IN THE CONTROLLING PROVISIONS OF THE JOINT TRAVEL REGULATIONS FOR TRAVEL NOT INVOLVING THE USE OF COUNTERPART FUNDS, NOTWITHSTANDING ANY ADVICE TO THE CONTRARY WHICH MAY HAVE BEEN FURNISHED YOU AT YOUR DUTY STATION IN GREECE.

SINCE IT APPEARS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL AND THE TRAVEL OF YOUR DEPENDENTS FROM GREECE TO THE UNITED STATES, AND SINCE THE APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS REQUIRE THE USE OF SUCH TRANSPORTATION, IF AVAILABLE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL AS PERFORMED BY YOU AND YOUR DEPENDENTS FROM GREECE TO ENGLAND.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT DATED JULY 22, 1959, IS SUSTAINED.