B-142330, APR. 28, 1960

B-142330: Apr 28, 1960

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BROWN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18. REPRESENTING AN ERRONEOUS PAYMENT MADE TO YOU FOR YOUR WIFE'S TRAVEL WHILE YOU WERE SERVING AS STAFF SERGEANT. YOUR WIFE WAS AUTHORIZED TO PROCEED FROM YOUR STATION IN FRANCE TO PARIS. SHE WAS FURNISHED GOVERNMENT TRANSPORTATION BY AIR FROM ORLY FIELD. YOU WERE RETURNED TO THE UNITED STATES FOR DISCHARGE. IT WAS EFFECTED AT BROOKLYN. AT WHICH TIME YOU WERE DIRECTED TO PROCEED TO YOUR HOME. YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM MCGUIRE AIR FORCE BASE TO PHOENIX AND WERE PAID $163.02. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNT WE TOOK EXCEPTION TO THE PAYMENT FOR THE REASON THAT REIMBURSEMENT FOR TRAVEL WITHIN THE UNITED STATES PERFORMED BY DEPENDENT PRIOR TO RECEIPT BY YOU OF PERMANENT CHANGE OF STATION ORDERS WAS NOT AUTHORIZED BY PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS AS THEN IN EFFECT.

B-142330, APR. 28, 1960

TO MR. ROBERT E. BROWN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1960, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $163.02, REPRESENTING AN ERRONEOUS PAYMENT MADE TO YOU FOR YOUR WIFE'S TRAVEL WHILE YOU WERE SERVING AS STAFF SERGEANT, UNITED STATES AIR FORCE.

BY LETTER ORDER NO. 34, DATED DECEMBER 9, 1957, YOUR WIFE WAS AUTHORIZED TO PROCEED FROM YOUR STATION IN FRANCE TO PARIS, FRANCE, FOR TRANSPORTATION TO THE UNITED STATES UNDER AUTHORITY OF PARAGRAPH 7009.3 OF THE JOINT TRAVEL REGULATIONS. SHE WAS FURNISHED GOVERNMENT TRANSPORTATION BY AIR FROM ORLY FIELD, FRANCE, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, ON DECEMBER 17 AND 18, 1957, PURSUANT TO THAT AUTHORITY. SHE TRAVELED FROM THE LATTER PLACE TO PHOENIX, ARIZONA, AT OWN EXPENSE, DECEMBER 18 TO 20, 1957. BY PARAGRAPH 1, SPECIAL ORDERS NO. 7, DATED JANUARY 20, 1958, YOU WERE RETURNED TO THE UNITED STATES FOR DISCHARGE. IT WAS EFFECTED AT BROOKLYN, NEW YORK, ON JANUARY 23, 1958, AT WHICH TIME YOU WERE DIRECTED TO PROCEED TO YOUR HOME, PHOENIX, ARIZONA. YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM MCGUIRE AIR FORCE BASE TO PHOENIX AND WERE PAID $163.02. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNT WE TOOK EXCEPTION TO THE PAYMENT FOR THE REASON THAT REIMBURSEMENT FOR TRAVEL WITHIN THE UNITED STATES PERFORMED BY DEPENDENT PRIOR TO RECEIPT BY YOU OF PERMANENT CHANGE OF STATION ORDERS WAS NOT AUTHORIZED BY PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS AS THEN IN EFFECT. CONSEQUENTLY, YOU HAVE BEEN REQUESTED TO REMIT THE AMOUNT PAID TO YOU. LETTER OF NOVEMBER 5, 1959, FROM OUR CLAIMS DIVISION YOU WERE SPECIFICALLY ADVISED THAT PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS IS APPLICABLE. IN YOUR PRESENT LETTER, HOWEVER, YOU SAY THAT YOU AND CERTAIN AIR FORCE PERSONNEL PORED THROUGH THE JOINT TRAVEL REGULATIONS AND WERE UNABLE TO FIND ANY PARAGRAPH THAT WOULD REQUIRE YOU TO REMIT THE ALLOWANCE AND THAT WE HADN-T MENTIONED ANY. THEREFORE, YOU REQUEST CONSIDERATION OF YOUR INDEBTEDNESS UNDER PARAGRAPHS 7000-9 AND 7009-3 OF THOSE REGULATIONS.

PARAGRAPH 7000-9 (CHANGE 60, JULY 1, 1957) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION IS NOT AUTHORIZED WHERE THE DEPENDENTS DEPART THE OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF THE CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. THAT PARAGRAPH IS NOT FOR APPLICATION IN YOUR CASE FOR THE REASON THAT YOUR WIFE'S TRAVEL WAS NOT PERFORMED IN CONNECTION WITH A PERMANENT CHANGE OF STATION BUT WAS SPECIFICALLY AUTHORIZED UNDER PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 7009 (CHANGE 60, JULY 1, 1957) OF THE JOINT TRAVEL REGULATIONS, IN ESTABLISHING THE POLICY FOR RETURN OF DEPENDENTS FROM OVERSEAS COMMANDS UNDER CIRCUMSTANCES NOT OTHERWISE COVERED BY CHAPTER 7 OF THE REGULATIONS, REQUIRES THAT ORDERS AUTHORIZING DEPENDENTS TO TRAVEL UNDER THAT PARAGRAPH WILL CITE THE SPECIFIC SUBPARAGRAPH UNDER WHICH THE MOVEMENT IS AUTHORIZED, AND THAT DEPENDENTS RETURNED TO THE UNITED STATES UNDER THAT PARAGRAPH WILL NOT BE ENTITLED TO FURTHER TRANSPORTATION UNTIL THE MEMBER RETURNS TO THE UNITED STATES. SUBPARAGRAPH 3 PROVIDES THAT ORDERS AUTHORIZING THE ADVANCE RETURN OF DEPENDENTS TO THE UNITED STATES WILL LIMIT TRANSPORTATION TO THE PORT OF DEBARKATION IN THE UNITED STATES, AND THAT UPON COMPLETION OF THE OVERSEAS TOUR OF DUTY AND FURTHER ASSIGNMENT OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TRANSPORTATION OF DEPENDENTS IS AUTHORIZED NOT TO EXCEED ENTITLEMENT FROM THE PORT OF DEBARKATION.

UNDER THE PROVISIONS AUTHORIZING THE RETURN OF YOUR DEPENDENT TO THE UNITED STATES PRIOR TO CHANGE OF STATION ORDERS DIRECTING YOUR RETURN, TRAVEL WAS AUTHORIZED ONLY TO THE PORT OF DEBARKATION IN THE UNITED STATES. FURTHER TRAVEL AT PUBLIC EXPENSE WAS NOT AUTHORIZED UNTIL ORDERS WERE ISSUED FOR YOUR DISCHARGE. AT THAT TIME YOU BECAME ENTITLED TO TRANSPORTATION FOR YOUR WIFE FROM THE PLACE WHERE SHE WAS THEN LOCATED TO YOUR HOME NOT TO EXCEED THE COST FROM PORT OF DEBARKATION TO SUCH HOME. SINCE YOUR WIFE WAS AT YOUR HOME WHEN ORDERS FOR YOUR DISCHARGE WAS ISSUED AND NO TRAVEL WAS NECESSARY OR PERFORMED INCIDENT TO THOSE ORDERS, NO PART OF THE AMOUNT PAID TO YOU AS REIMBURSEMENT FOR HER TRAVEL IN THE UNITED STATES WAS PROPERLY DUE YOU. ACCORDINGLY, IT WILL BE NECESSARY FOR YOU TO REMIT THAT PAYMENT.