B-146457, SEP. 7, 1961

B-146457: Sep 7, 1961

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FREDKIN: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. YOU WERE DIRECTED TO PROCEED ON OR ABOUT JULY 13. WHILE YOUR OVERSEAS TRAVEL WAS AUTHORIZED BY GOVERNMENT AIRCRAFT. TRAVEL TO AND FROM THE PORT OF EMBARKATION WAS DIRECTED TO BE AT NO EXPENSE TO THE GOVERNMENT AND NO PER DIEM WAS AUTHORIZED. PROVIDES THAT ANY PERSON WHO WAS ORDERED BY COMPETENT AUTHORITY AFTER JANUARY 1. TO ESCORT DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AND WHO HAS NOT BEEN PAID TRAVEL AND TRANSPORTATION ALLOWANCES IS ENTITLED TO BE PAID THE AMOUNT OTHERWISE AUTHORIZED BY SECTION 1 OF THE ACT. IF APPLICATION FOR SUCH PAYMENT IS MADE NOT LATER THAN ONE YEAR AFTER AUGUST 14. THAT YOUR CLAIM WAS RECEIVED THERE ON OR ABOUT AUGUST 5.

B-146457, SEP. 7, 1961

TO CAPTAIN NORMAN J. FREDKIN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1961, AND ENCLOSURE, REQUESTING RECONSIDERATION OF SETTLEMENT DATED MAY 24, 1961, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES DURING THE PERIOD JULY 14 TO AUGUST 3, 1958, INCIDENT TO SERVICES PERFORMED AS ESCORT FOR THE DEPENDENTS OF MAJOR HOWARD B. GRIGSBY WHO DIED IN AN AIRCRAFT ACCIDENT ON THE NIGHT OF JULY 8, 1958, AT PHALSBOURG AIR FORCE BASE, FRANCE.

BY SPECIAL ORDERS NO. A-542 DATED JULY 11, 1958, ISSUED BY HEADQUARTERS, 7486TH AIR BASE GROUP (USAFE), APO 115, NEW YORK, NEW YORK, YOU WERE DIRECTED TO PROCEED ON OR ABOUT JULY 13, 1958, FROM PHALSBOURG AIR FORCE BASE, FRANCE, TO NAPA, CALIFORNIA, ON 30 DAYS' MORALE LEAVE FOR THE PURPOSE OF ESCORTING THE DEPENDENTS OF MAJOR GRIGSBY TO THEIR HOME OF RECORD. WHILE YOUR OVERSEAS TRAVEL WAS AUTHORIZED BY GOVERNMENT AIRCRAFT, TRAVEL TO AND FROM THE PORT OF EMBARKATION WAS DIRECTED TO BE AT NO EXPENSE TO THE GOVERNMENT AND NO PER DIEM WAS AUTHORIZED. PURSUANT TO THESE ORDERS YOU DEPARTED PHALSBOURG AIR FORCE BASE ON JULY 14, 1958, AND ARRIVED AT NAPA, CALIFORNIA, THE DEPENDENTS' DESTINATION, ON JULY 16, 1958. YOU DEPARTED NAPA, CALIFORNIA, JULY 29, 1958, ON YOUR RETURN TRIP AND ARRIVED AT PHALSBOURG AIR FORCE BASE ON AUGUST 3, 1958. YOU STATE THAT EXCEPT FOR THE 26TH AND 27TH OF JULY, YOU SPENT THE DAYS BETWEEN YOUR ARRIVAL AND DEPARTURE AT NAPA ACTING IN THE INTERESTS OF MRS. GRIGSBY IN CONNECTION WITH SUCH MATTERS AS HER PENSION, SOCIAL SECURITY, MILITARY INVESTMENTS, GOVERNMENT AND COMMERCIAL INSURANCE, HOME PURCHASE AND LOAN, FUNERAL SERVICES, BEING A GENERAL INTERMEDIARY BETWEEN MRS. GRIGSBY, HER FAMILY AND FRIENDS ON MATTERS PERTAINING TO MAJOR GRIGSBY'S ACCIDENT, AND ATTENDING TO MANY OTHER DETAILS OCCASIONED BY HER NEW STATUS AND PERTINENT TO HER RESETTLEMENT.

SECTION 5 OF THE ACT OF AUGUST 14, 1959, 73 STAT. 358, 10 U.S.C. 1036 (1958 ED.SUPP. II), PROVIDES THAT ANY PERSON WHO WAS ORDERED BY COMPETENT AUTHORITY AFTER JANUARY 1, 1950, AND BEFORE AUGUST 14, 1959, TO ESCORT DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES AND WHO HAS NOT BEEN PAID TRAVEL AND TRANSPORTATION ALLOWANCES IS ENTITLED TO BE PAID THE AMOUNT OTHERWISE AUTHORIZED BY SECTION 1 OF THE ACT, IF APPLICATION FOR SUCH PAYMENT IS MADE NOT LATER THAN ONE YEAR AFTER AUGUST 14, 1959. CHAPTER 6, PART I, OF THE JOINT TRAVEL REGULATIONS ISSUED UNDER THE AUTHORITY CONTAINED IN THE ACT PRESENTLY AUTHORIZES PAYMENT OF THE TRAVEL AND TRANSPORTATION ALLOWANCES PRESCRIBED BY CHAPTER 4 TO MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO ESCORT DUTY UNDER THAT PART WHILE PERFORMING SUCH TRAVEL AND TEMPORARY DUTY.

IN VIEW OF THE STATEMENTS MADE IN YOUR LETTER OF JUNE 26, 1961, REGARDING THE FILING OF YOUR CLAIM AND THE FURTHER EXPLANATION AND CERTIFICATION BY CAPTAIN DAVID T. BLOUSE, JR., ACCOUNTING AND FINANCE OFFICER, HEADQUARTERS, 337TH FIGHTER GROUP, PORTLAND INTERNATIONAL AIRPORT, PORTLAND, OREGON, THAT YOUR CLAIM WAS RECEIVED THERE ON OR ABOUT AUGUST 5, 1960, IT NOW APPEARS THAT YOUR APPLICATION FOR PAYMENT WAS MADE WITHIN ONE YEAR OF AUGUST 14, 1959, AS REQUIRED BY THE ACT. HOWEVER, THE SERVICES RENDERED BY YOU AT NAPA IN ASSISTING MRS. GRIGSBY WITH HER PERSONAL AFFAIRS WERE NOT OF A NATURE NORMALLY VIEWED AS COMING WITHIN THE PERFORMANCE OF ESCORT DUTY. AIR FORCE REGULATION NO. 34-37 WHICH TELLS WHEN AND HOW TO SELECT AND PROVIDE TRAVEL ESCORTS FOR DEPENDENTS OF CERTAIN AIR FORCE MILITARY PERSONNEL AND STATES THE DUTIES OF TRAVEL ESCORTS, PROVIDES IN PARAGRAPH 1 "A TRAVEL ESCORT, WHO MAY BE A MILITARY MEMBER, A CIVILIAN EMPLOYEE, OR OTHER PERSON, IS AUTHORIZED TO ACCOMPANY DEPENDENTS OF AN AIR FORCE MEMBER TO AN AUTHORIZED PLACE OF TRAVEL * * *.' IT IS FURTHER PROVIDED IN PARAGRAPH 5 THAT TRAVEL ESCORTS "WILL DELIVER DEPENDENTS TO THEIR DESTINATION AND INTO CUSTODY OF FAMILY, FRIENDS, OR OTHER RESPONSIBLE PERSONS.' IT SEEMS CLEAR THAT YOUR DUTY AS ESCORT, AS SUCH DUTY IS CONTEMPLATED BY THE REGULATIONS, WAS COMPLETED AND THE PURPOSE OF YOUR ORDERS FULFILLED WHEN YOU ARRIVED WITH MAJOR GRIGSBY'S DEPENDENTS AT THEIR DESTINATION IN NAPA, CALIFORNIA. YOUR CONTINUED ASSISTANCE TO MRS. GRIGSBY AT NAPA IN THE ARRANGEMENT OF HER PERSONAL AFFAIRS AFTER JULY 16, 1958, MAY NOT PROPERLY BE CONSIDERED AS AN ESCORT FUNCTION FOR WHICH GOVERNMENT FUNDS ARE AVAILABLE FOR EXPENDITURE.

ACCORDINGLY, OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ISSUE SETTLEMENT IN YOUR FAVOR FOR THE TRAVEL AND TRANSPORTATION ALLOWANCES PRESCRIBED BY CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS FOR YOUR TRAVEL FROM PHALSBOURG AIR FORCE BASE, FRANCE, TO NAPA, CALIFORNIA, AND RETURN.