B-142699, MAY 13, 1960

B-142699: May 13, 1960

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USA (RETIRED): FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 9. YOU WERE ADVISED THAT UNLESS YOU WERE RETIRED AT AN EARLIER DATE UNDER SOME OTHER PROVISION OF LAW YOU WOULD BE PLACED ON THE U.S. YOU WERE ACTUALLY PLACED ON THE U.S. TO SPAIN WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING DURING THE PERIOD OF THEIR TRAVEL. YOU STATE THAT WHILE GOVERNMENT TRANSPORTATION MAY HAVE BEEN GENERALLY AVAILABLE DURING THE PERIOD IN QUESTION. IT WAS NOT AVAILABLE TO YOUR DEPENDENTS BECAUSE THEY THEN POSSESSED NO TRAVEL ORDERS AND THAT WITHOUT ORDERS THEY WERE NOT ELIGIBLE FOR GOVERNMENT TRANSPORTATION. EITHER TO MADRID OR TO BARCELONA IS NOT EQUIVALENT TO TRANSPORTATION TO SANTA PONSA (PALMA DE MALLORCA) YOUR HOME OF RETIREMENT.

B-142699, MAY 13, 1960

TO COLONEL CHARLES W. LAWRENCE, JR. USA (RETIRED):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 9, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 9, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM THE CONTINENTAL UNITED STATES TO SPAIN DURING THE PERIOD JULY 1 TO 4, 1959, INCIDENT TO YOUR IMPENDING RETIREMENT FROM THE UNITED STATES ARMY.

IN APRIL 1959, YOU WERE ADVISED THAT UNLESS YOU WERE RETIRED AT AN EARLIER DATE UNDER SOME OTHER PROVISION OF LAW YOU WOULD BE PLACED ON THE U.S. ARMY RETIRED LIST ON NOVEMBER 1, 1959, UNDER THE PROVISIONS OF 10 U.S.C. 3921. YOU WERE ACTUALLY PLACED ON THE U.S. ARMY RETIRED LIST SEPTEMBER 1, 1959, UNDER THE PROVISIONS OF 10 U.S.C. 3919, PURSUANT TO SPECIAL ORDERS NO. 144, DATED JULY 22, 1959. YOUR DEPENDENTS TRAVELED BY COMMERCIAL MEANS FROM WASHINGTON, D.C., TO PALMA DE MALLORCA, SPAIN, IN ANTICIPATION OF YOUR RETIREMENT AND THE SETTLEMENT MENTIONED ABOVE ALLOWED REIMBURSEMENT ON A MILEAGE BASIS FOR THEIR TRAVEL FROM WASHINGTON, D.C., TO A PORT OF EMBARKATION FOR TRAVEL BY GOVERNMENT VESSEL, NEW YORK, NEW YORK. REIMBURSEMENT FOR OCEAN TRAVEL FROM NEW YORK, NEW YORK, TO SPAIN WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS TRAVELING DURING THE PERIOD OF THEIR TRAVEL. IN YOUR REQUEST FOR REVIEW, YOU STATE THAT WHILE GOVERNMENT TRANSPORTATION MAY HAVE BEEN GENERALLY AVAILABLE DURING THE PERIOD IN QUESTION, IT WAS NOT AVAILABLE TO YOUR DEPENDENTS BECAUSE THEY THEN POSSESSED NO TRAVEL ORDERS AND THAT WITHOUT ORDERS THEY WERE NOT ELIGIBLE FOR GOVERNMENT TRANSPORTATION. YOU ALSO MAKE THE POINT THAT GOVERNMENT TRANSPORTATION, IF AVAILABLE, EITHER TO MADRID OR TO BARCELONA IS NOT EQUIVALENT TO TRANSPORTATION TO SANTA PONSA (PALMA DE MALLORCA) YOUR HOME OF RETIREMENT.

PARAGRAPH 7000-9 (CHANGE 80, DATED MAY 1, 1959) 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 THE 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 CHANGE-OF-STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. TRAVEL FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT CONSTITUTES A PERMANENT CHANGE OF STATION UNDER THIS PARAGRAPH.

PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS, HOWEVER, PROVIDES THAT FOR TRANSOCEANIC TRAVEL OF DEPENDENTS TO, FROM OR BETWEEN AREAS OUTSIDE THE UNITED STATES, GOVERNMENT AIRCRAFT OR VESSELS WILL BE UTILIZED, IF AVAILABLE, EXCEPT IN CERTAIN INSTANCES ENUMERATED THEREIN, NONE OF WHICH ARE APPLICABLE IN YOUR CASE. IT IS ADMINISTRATIVELY REPORTED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL YOUR DEPENDENTS, FOR PERSONAL REASONS, TRAVELED IN ADVANCE OF YOUR RETIREMENT AT WHICH TIME YOU WERE WITHOUT ORDERS WHICH WOULD SUPPORT A REQUEST FOR GOVERNMENT TRANSPORTATION DOES NOT SERVE IN ANY WAY TO ENTITLE YOU TO REIMBURSEMENT FOR TRANSOCEANIC TRAVEL PERFORMED BY THEM BY COMMERCIAL MEANS. WITH REGARD TO YOUR STATEMENT THAT TRANSPORTATION OF YOUR DEPENDENTS TO BARCELONA IS NOT EQUIVALENT TO THEIR TRANSPORTATION TO SANTA PONSA (PALMA DE MALLORCA), YOUR HOME OF SELECTION, THERE IS NOTHING IN THE RECORD TO ESTABLISH THE ADDITIONAL COSTS, IF ANY, INCURRED BY YOU FOR TRANSPORTATION OF YOUR DEPENDENTS FROM THE MAINLAND OF SPAIN TO PALMA DE MALLORCA.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR OVERSEAS TRAVEL OF YOUR DEPENDENTS WAS PROPER AND IS SUSTAINED.