B-141542, JAN. 25, 1960

B-141542, JAN. 25, 1960

TO MR. JOHN D. MCCLELLAN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1959, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND INFANT SON) FROM DARMSTADT, GERMANY, TO NEW YORK, NEW YORK, BY COMMERCIAL AIR ON DECEMBER 18 AND 19, 1958, WHILE SERVING AS SERGEANT, UNITED STATES ARMY.

THE RECORD SHOWS THAT BY PARAGRAPH 2, SPECIAL ORDERS NO. 228, ISSUED ON DECEMBER 12, 1958, BY HEADQUARTERS 32D SIGNAL BATTALION (CORPS), APO 175, U.S. FORCES, YOU WERE PROMOTED FROM SP4 (E-4) TO SERGEANT (E 5). LETTER ORDER 12-15, ISSUED ON THE SAME DATE BY THE SAME HEADQUARTERS, YOU WERE RELEASED FROM ASSIGNMENT AT DARMSTADT, GERMANY, AND TRANSFERRED TO BREMERHAVEN, GERMANY, FOR FURTHER ASSIGNMENT TO FORT HAMILTON, NEW YORK, FOR RELEASE FROM ACTIVE DUTY. THE ORDERS WERE ADDRESSED TO YOU AS SERGEANT (E-5) AND INCLUDED THE STATEMENT "TWO DEPN IN USAREUR.' YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY PARAGRAPH 166, SPECIAL ORDERS NO. 12, DATED JANUARY 12, 1959, FORT DIX, NEW JERSEY. YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF DEPENDENTS FROM GERMANY TO THE UNITED STATES AT THE TIME HERE INVOLVED. IN YOUR PRESENT LETTER YOU STATE THAT BECAUSE THE ORDERS EFFECTING YOUR PROMOTION AND THE ORDERS RETURNING YOU TO THE UNITED STATES WERE RECEIVED THE SAME DAY, YOUR DEPENDENTS WERE NOT INCLUDED IN THE TRAVEL AUTHORIZATION UNDER THE LATTER ORDERS; THAT YOU ASKED WHETHER TRANSPORTATION COULD BE FURNISHED YOUR DEPENDENTS, AND THAT YOU WERE INFORMED YOU WERE NOT ENTITLED TO THEIR TRAVEL AT GOVERNMENT EXPENSE.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). PARAGRAPH 7000 OF THOSE REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES INCLUDING ENLISTED MEMBERS SERVING IN PAY GRADE E-4 WITH MORE THAN 4 YEARS' SERVICE, OR HIGHER, SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION. PARAGRAPH 7002-1 OF THE REGULATIONS PROVIDES THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO OR FROM AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE, EXCEPT WHEN THE USE OF GOVERNMENT TRANSPORTATION FACILITIES WOULD INVOLVE A DELAY OF MORE THAN 30 DAYS. PARAGRAPH 9, ARMY REGULATIONS 55-46, DATED OCTOBER 25, 1956, PROVIDES THAT INFANT DEPENDENTS BETWEEN THE AGES OF 6 WEEKS AND 6 MONTHS MAY BE TRANSPORTED ONLY IF THE FAMILY IS FURNISHED AIR TRANSPORTATION OR QUARTERED ABOARD SHIP AS A UNIT; THAT IS, THE INFANT, MOTHER AND FATHER TRAVELING IN THE SAME ACCOMMODATIONS.

SINCE THE RECORD SHOWS YOUR SON WAS 3 MONTHS OLD WHEN YOU WERE RETURNED TO THE UNITED STATES, IT IS APPARENT THAT THE FURNISHING OF SEPARATE GOVERNMENT TRANSPORTATION FOR YOUR DEPENDENTS WOULD HAVE RESULTED IN A DELAY OF SEVERAL MONTHS. ACCORDINGLY, YOU ARE ENTITLED TO REIMBURSEMENT FOR THEIR TRAVEL. HOWEVER, SINCE TRAVEL BY COMMERCIAL AIR WAS NOT AUTHORIZED, REIMBURSEMENT MAY NOT EXCEED THE COST TO THE GOVERNMENT BASED ON LAND TRAVEL FROM DARMSTADT TO BREMERHAVEN, GERMANY, WITH SURFACE TRANSPORTATION FROM THE LATTER PLACE TO NEW YORK, NEW YORK. A SETTLEMENT FOR THE ..END :