B-142262, APR. 6, 1960

B-142262, APR. 6, 1960

TO RHODELL STONE, SP-4, RA-19086913:

THERE WAS RECEIVED IN OUR CLAIMS DIVISION ON FEBRUARY 23, 1960, A LETTER FROM YOUR WIFE, MRS. HELLA HILDEGRAD STONE, REQUESTING ON YOUR BEHALF RECONSIDERATION OF SETTLEMENT DATED JANUARY 15, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) BY COMMERCIAL VESSEL FROM NEW YORK, NEW YORK, TO BREMERHAVEN, GERMANY, DURING THE PERIOD DECEMBER 21 TO DECEMBER 31, 1958, INCIDENT TO YOUR TRANSFER FROM FORT BENJAMIN HARRISON, INDIANA, TO GERMANY, PURSUANT TO SPECIAL ORDERS NO. 208, DATED OCTOBER 2, 1958, AND SPECIAL ORDERS NO. 298, DATED OCTOBER 25, 1958.

IN PARAGRAPH TWO OF THE SETTLEMENT IT WAS STATED THAT WHILE YOUR DEPENDENTS WERE AWAITING PORT CALL IN NEW YORK, NEW YORK, YOUR ELDEST DAUGHTER, WHO WAS WITH YOU IN GERMANY, BECAME ILL AND THAT BY REASON THEREOF YOU FELT IT WOULD BE ADVISABLE FOR YOUR DEPENDENTS TO RETURN TO GERMANY AS SOON AS POSSIBLE. MRS. STONE NOW DENIES THAT SHE WAS AWAITING PORT CALL IN NEW YORK CITY. SHE STATED IN HER LETTER THAT SHE WAS NOT AWARE THAT SPACE WAS AVAILABLE OR THAT "OTHER MEANS OF TRAVEL" HAD BEEN GRANTED; ALSO, THAT SHE MADE EVERY EFFORT TO OBTAIN ARMY OR AIR FORCE TRANSPORTATION. WHILE NOT MATERIAL INSOFAR AS THE DISPOSITION OF YOUR CLAIM IS CONCERNED, IT MAY BE SAID THAT THE STATEMENT IN THE SETTLEMENT THAT YOUR WIFE AND CHILDREN WERE AWAITING PORT CALL WAS BASED UPON A STATEMENT MADE BY YOU TO THAT EFFECT IN THE CLAIM FILED BY YOU UNDER DATE OF AUGUST 20, 1959.

JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE (PARAGRAPH 7002-1B) THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM, OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL. IN THE INSTANT CASE THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, HAS REPORTED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR TRAVEL TO GERMANY DURING THE PERIOD THE TRAVEL WAS PERFORMED BY YOUR DEPENDENTS. SPECIFICALLY, HE ADVISED THAT---

"2. MSTS MAINTAINED REGULARLY SCHEDULED VESSELS FROM NEW YORK TO BREMERHAVEN, GERMANY. MATS MAINTAINED REGULARLY SCHEDULED FLIGHTS FROM MCGUIRE AFB, NEW JERSEY TO FRANKFURT, GERMANY.'

IN VIEW OF THE FOREGOING REPORT THERE APPEARS TO BE NO LEGAL BASIS FOR REIMBURSEMENT FOR THE OCEAN TRAVEL PERFORMED BY YOUR WIFE AND CHILDREN. ACCORDINGLY, THE SETTLEMENT OF JANUARY 15, 1960, IS SUSTAINED.