B-142621, MAY 31, 1960

B-142621: May 31, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JR.: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER. YOU WERE DIRECTED TO PROCEED TO BREMERHAVEN. YOU WERE TRANSFERRED TO THE UNITED STATES ARMY RESERVE AND ON MARCH 10. YOU WERE RELEASED TO INACTIVE DUTY STATUS. FOR THE REASON THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING FROM EUROPE AT THE TIME TRAVEL WAS PERFORMED. YOU STATE THAT YOU WERE ADVISED AT THE TIME OF YOUR MARRIAGE TO A GERMAN NATIONAL ON DECEMBER 20. WHEN YOU RECEIVED YOUR TRANSFER ORDERS YOU WERE TOLD THAT SHE WAS NOT ELIGIBLE. YOU WOULD HAVE TO MAKE YOUR OWN ARRANGEMENTS FOR HER TRAVEL. UPON ARRIVAL AT FORT DIX YOU WERE INFORMED AGAIN OF YOUR WIFE'S ELIGIBILITY BUT AT THAT TIME YOU HAD ALREADY PURCHASED YOUR WIFE'S TICKET.

B-142621, MAY 31, 1960

TO MR. ALVA A. CRUISE, JR.:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF YOUR CLAIM DATED FEBRUARY 8, 1960, WHICH DISALLOWED THE PORTION COVERING REIMBURSEMENT FOR DEPENDENT'S TRANSPORTATION FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ORDERS AS SPECIALIST FIFTH CLASS, SERVICE NO. RA 15 551 661.

THE RECORD INDICATES THAT BY REDEPLOYMENT ORDERS 2 S 126, ISSUED FEBRUARY 2, 1959, BY HEADQUARTERS, SEVENTH UNITED STATES ARMY, APO 46, YOU WERE DIRECTED TO PROCEED TO BREMERHAVEN, GERMANY, PORT OF EMBARKATION, FOR TRAVEL TO FORT HAMILTON, NEW YORK, FOR REASSIGNMENT AND ULTIMATE RELEASE FROM ACTIVE MILITARY SERVICE. BY SPECIAL ORDERS 67, DATED MARCH 8, 1959, ISSUED AT FORT DIX, NEW JERSEY, YOU WERE TRANSFERRED TO THE UNITED STATES ARMY RESERVE AND ON MARCH 10, 1959, YOU WERE RELEASED TO INACTIVE DUTY STATUS. THE ORDERS SHOWED YOUR HOME OF RECORD AS BRUNSWICK, OHIO. YOUR WIFE TRAVELED AT PERSONAL EXPENSE FROM DEXHEIM, GERMANY, TO BRUNSWICK, OHIO, UTILIZING COMMERCIAL AIRCRAFT FOR TRAVEL FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, MARCH 21, 1959. THE SETTLEMENT OF FEBRUARY 8, 1960, ALLOWED REIMBURSEMENT ON A MILEAGE BASIS FOR YOUR DEPENDENT'S TRAVEL FROM DEXHEIM TO FRANKFURT, GERMANY, AND FROM NEW YORK, NEW YORK, TO BRUNSWICK, OHIO, BUT DISALLOWED COST OF COMMERCIAL AIR TRAVEL FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK, FOR THE REASON THAT GOVERNMENT SURFACE AND AIR TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING FROM EUROPE AT THE TIME TRAVEL WAS PERFORMED.

YOU STATE THAT YOU WERE ADVISED AT THE TIME OF YOUR MARRIAGE TO A GERMAN NATIONAL ON DECEMBER 20, 1958, THAT GOVERNMENT TRANSPORTATION WOULD BE FURNISHED FOR YOUR WIFE'S TRAVEL, BUT WHEN YOU RECEIVED YOUR TRANSFER ORDERS YOU WERE TOLD THAT SHE WAS NOT ELIGIBLE, AND YOU WOULD HAVE TO MAKE YOUR OWN ARRANGEMENTS FOR HER TRAVEL. HOWEVER, UPON ARRIVAL AT FORT DIX YOU WERE INFORMED AGAIN OF YOUR WIFE'S ELIGIBILITY BUT AT THAT TIME YOU HAD ALREADY PURCHASED YOUR WIFE'S TICKET. IT MAY BE NOTED HERE THAT YOU LEFT GERMANY ON FEBRUARY 24, 1959, AND YOU WERE AT FORT DIX ON OR ABOUT MARCH 8, 1959, AND THAT YOUR WIFE DID NOT COMMENCE TRAVEL FROM GERMANY UNTIL MARCH 21, 1959.

THE TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE 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 7002-1B OF THE REGULATIONS, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDED THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS FROM AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WOULD BE UTILIZED, IF AVAILABLE. IN YOUR CASE, THE DEPARTMENT OF THE ARMY REPORTED THAT GOVERNMENT AIR AND SURFACE TRANSPORTATION WAS AVAILABLE FOR TRAVEL OF DEPENDENTS FROM GERMANY TO THE UNITED STATES. IT WOULD APPEAR FURTHER THAT DESPITE THE FACT THAT YOU HAD PURCHASED A TICKET FOR COMMERCIAL AIR TRAVEL THERE WAS SUFFICIENT TIME AFTER YOUR ARRIVAL AT FORT DIX TO HAVE MADE A FORMAL WRITTEN APPLICATION FOR GOVERNMENT TRANSPORTATION FOR YOUR WIFE'S TRAVEL TO THE UNITED STATES, AND TO HAVE TURNED IN THE TICKETS PURCHASED FOR REFUND. IT MUST BE CONCLUDED THAT HAD YOU MADE FORMAL WRITTEN APPLICATION, EITHER AT YOUR OVERSEAS STATION OR AT FORT DIX, GOVERNMENT TRANSPORTATION WOULD HAVE BEEN FURNISHED YOUR DEPENDENT FOR OVERSEAS TRAVEL TO THE UNITED STATES, NOTWITHSTANDING ANY ERRONEOUS ADVICE YOU MAY HAVE RECEIVED.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 8, 1960, WAS CORRECT AND IS SUSTAINED.