B-142711, MAY 12, 1960

B-142711: May 12, 1960

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TO FIRST LIEUTENANT THOMAS CALI: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9. YOU WERE ORDERED TO ACTIVE DUTY FROM KEARNEY. YOU WERE ASSIGNED TO DUTY AT THE DENTAL CLINIC. YOUR WIFE WAS AUTHORIZED TO TRAVEL FROM KEARNEY TO HAWAII. YOU WERE ADVISED BY SETTLEMENT DATED MARCH 22. THAT THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. SINCE SUCH STATEMENT WAS NOT MADE APPLICABLE TO THE OTHER DEPENDENTS COVERED BY THE ORDER. IT REASONABLY MAY BE ASSUMED THAT IT WAS ISSUED AT YOUR REQUEST OR THE REQUEST OF YOUR DEPENDENT WIFE TO AVOID THE NECESSITY FOR AWAITING A PORT CALL FOR SEA OR AIR TRANSPORTATION. THE ALLOWANCE OF YOUR CLAIM IS NOT AUTHORIZED.

B-142711, MAY 12, 1960

TO FIRST LIEUTENANT THOMAS CALI:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9, 1960, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENT WIFE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, HAWAII.

BY ORDERS DATED APRIL 10, 1959, YOU WERE ORDERED TO ACTIVE DUTY FROM KEARNEY, NEW JERSEY, TO REPORT TO FORT SAM HOUSTON, TEXAS, FOR TEMPORARY DUTY PENDING FURTHER ORDERS REPORTING NOT LATER THAN JULY 6, 1959. ORDERS OF AUGUST 10 AND 13, 1959, YOU WERE ASSIGNED TO DUTY AT THE DENTAL CLINIC, SCHOFIELD BARRACKS, HAWAII. BY DTO-9-33, DATED SEPTEMBER 17, 1959, YOUR WIFE WAS AUTHORIZED TO TRAVEL FROM KEARNEY TO HAWAII, THE ORDERS STATING THAT SHE WOULD TRAVEL COMMERCIALLY AND THAT NO PORT CALL WOULD BE ISSUED. SHE DEPARTED FROM KEARNEY ON SEPTEMBER 24, 1959, AND ARRIVED AT HONOLULU ON SEPTEMBER 26, 1959, VIA COMMERCIAL AIR AT PERSONAL EXPENSES. REIMBURSEMENT HAS BEEN MADE FOR HER TRAVEL IN THE CONTINENTAL UNITED STATES. SINCE A REPORT DATED JANUARY 22, 1960, FROM THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, DISCLOSED THAT, DURING THE PERIOD OF YOUR DEPENDENT'S TRAVEL, THE MILITARY SEA TRANSPORTATION MAINTAINED REGULARLY SCHEDULED SAILINGS FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, AND THE MILITARY AIR TRANSPORTATION SERVICE MAINTAINED REGULARLY SCHEDULED FLIGHTS FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO HICKAM AIR FORCE BASE, HAWAII, YOU WERE ADVISED BY SETTLEMENT DATED MARCH 22, 1960, OF OUR CLAIMS DIVISION, THAT THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. THE LETTER OF APRIL 9, 1960, YOU URGE THAT YOUR CLAIM BE ALLOWED ON THE BASIS OF THE STATEMENT IN DTO-9-33, THAT YOUR DEPENDENT WOULD TRAVEL COMMERCIALLY AND THAT NO PORT CALL WOULD BE ISSUED.

WHILE THE REPORT DOES NOT DISCLOSE THE REASON FOR THE INSERTION IN DTO-9- 33 AS TO THE COMMERCIAL TRAVEL AND THAT NO PORT CALL WOULD BE ISSUED, SINCE SUCH STATEMENT WAS NOT MADE APPLICABLE TO THE OTHER DEPENDENTS COVERED BY THE ORDER, IT REASONABLY MAY BE ASSUMED THAT IT WAS ISSUED AT YOUR REQUEST OR THE REQUEST OF YOUR DEPENDENT WIFE TO AVOID THE NECESSITY FOR AWAITING A PORT CALL FOR SEA OR AIR TRANSPORTATION. IN VIEW OF THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS THAT TRAVEL OF DEPENDENTS TO AND FROM THE CONTINENTAL UNITED STATES SHALL BE BY GOVERNMENT TRANSPORTATION, IF AVAILABLE, THE ALLOWANCE OF YOUR CLAIM IS NOT AUTHORIZED, ON THE BASIS OF THE PRESENT RECORD.