B-147491, NOV. 27, 1961

B-147491, NOV. 27, 1961

TO MASTER SERGEANT BILLIE T. KING, RA 18 369 087:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18, 1961, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED OCTOBER 9, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM ORLEANS, FRANCE, TO GREENVILLE, TEXAS.

BY ORDERS DATED JULY 12, 1961, YOU WERE RETURNED FROM DUTY WITH THE ORLEANS AREA COMMAND, FRANCE, TO FORT HAMILTON, NEW YORK, FOR RELEASE FROM MILITARY SERVICE. ORDERS DATED JULY 28, 1961, SHOW THAT YOU WERE HONORABLY DISCHARGED AT FORT HAMILTON THE PRECEDING DAY AND THAT YOU IMMEDIATELY REENLISTED FOR A PERIOD OF THREE YEARS AND WERE ASSIGNED TO FORT BENJAMIN HARRISON, INDIANA. WHILE AT YOUR OVERSEAS STATION YOU REQUESTED AUTHORITY ON NOVEMBER 19, 1960, TO RETURN YOUR DEPENDENTS TO THE CONTINENTAL UNITED STATES IN ADVANCE OF YOUR RETURN FOR THE REASON CONTAINED IN THE MEDICAL CERTIFICATE ATTACHED TO THE REQUEST. THAT CERTIFICATE, EXECUTED BY THE COMMANDING OFFICER, HEADQUARTERS 34 GENERAL HOSPITAL, APO 58, WAS TO THE EFFECT THAT THE PEDIATRICS SERVICE HAD INFORMED HIM THAT THE RETURN OF YOUR DEPENDENTS TO THE UNITED STATES WOULD BE ADVISABLE FOR REASONS OF THEIR HEALTH. THE SAME COMMANDING OFFICER SUBSEQUENTLY DETERMINED ON DECEMBER 5, 1960, THAT,"REVIEW OF THE CLINICAL RECORDS DOES NOT JUSTIFY RETURN OF THIS FAMILY TO CONUS UNDER EXISTING REGULATIONS.' ON THAT BASIS YOUR REQUEST WAS DISAPPROVED AND ORDERS WERE NOT ISSUED FOR THE EARLY RETURN OF YOUR DEPENDENTS TO THE UNITED STATES.

APPARENTLY YOU DID NOT WAIT FOR ADMINISTRATIVE APPROVAL OR DENIAL OF YOUR REQUEST AND YOUR DEPENDENTS TRAVELED AT PERSONAL EXPENSE FROM ORLEANS, FRANCE, TO GREENVILLE, TEXAS, ON DECEMBER 2 AND 3, 1960. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 9, 1961, SINCE NO ORDERS WERE ISSUED AUTHORIZING THEIR EARLY RETURN UNDER PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS, ALSO, BECAUSE THE TRAVEL OF YOUR DEPENDENTS WAS PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES, AND A CERTIFICATE WAS NOT ISSUED SHOWING THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT SUCH ORDERS WOULD BE ISSUED. YOU SAY THAT THE ORLEANS TRANSPORTATION OFFICER AND YOUR PERSONNEL OFFICER INFORMED YOU THAT YOU COULD RETURN YOUR DEPENDENTS TO THE UNITED STATES AT YOUR OWN EXPENSE AND THAT YOU WOULD BE REIMBURSED FOR THEIR TRAVEL AFTER YOU RECEIVED YOUR NEXT PERMANENT CHANGE OF STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES FOR THE TRAVEL OF DEPENDENTS UPON PERMANENT CHANGE OF STATION OF THE MEMBER. IT FURTHER PROVIDES FOR SUCH TRAVEL IN THE ABSENCE OF CHANGE OF STATION ORDERS UNDER UNUSUAL OR EMERGENCY CONDITIONS, INCLUDING INSTANCES WHEN THE MEMBER IS SERVING OVERSEAS. THOSE PROVISIONS, HOWEVER, ARE NOT SELF-EXECUTING BUT REQUIRE THE ISSUANCE OF REGULATIONS BY THE SECRETARIES OF THE SERVICES CONCERNED. PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED FOR THE ADVANCE RETURN OF DEPENDENTS OF MEMBERS FROM OVERSEAS TO THE UNITED STATES, IN THE CIRCUMSTANCES AND WITHIN THE LIMITATIONS THERE PRESCRIBED. SUCH REGULATIONS PROVIDED THAT THE ORDER- ISSUING AUTHORITY COULD, IN THE BEST INTEREST OF THE SERVICE AND UNDER CERTAIN SPECIFIED CIRCUMSTANCES, AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATIONS.

UNDER THESE REGULATIONS A RIGHT TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM OVERSEAS TO THE UNITED STATES PRIOR TO THE RECEIPT OF CHANGE OF STATION ORDERS DEPENDS UPON THE APPROVAL OF THE APPROPRIATE MILITARY AUTHORITIES AND THE ISSUANCE OF ORDERS AUTHORIZING TRAVEL OF DEPENDENTS. YOUR REQUEST FOR THE RETURN OF YOUR DEPENDENTS FROM FRANCE TO THE UNITED STATES WAS NOT APPROVED BY THE APPROPRIATE AUTHORITIES AND ORDERS WERE NOT ISSUED. HENCE, THAT PROVISION DOES NOT AUTHORIZE RETURN TRANSPORTATION OF YOUR DEPENDENTS TO THIS COUNTRY AT GOVERNMENT EXPENSE.

WITH REGARD TO THE INFORMATION YOU RECEIVED FROM THE ORLEANS TRANSPORTATION OFFICER AND YOUR PERSONNEL OFFICER, PARAGRAPH 7009-9 OF THE JOINT TRAVEL REGULATIONS PROHIBITS TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE PRIOR TO CHANGE OF STATION ORDERS ISSUED TO THE MEMBER EXCEPT WHEN THE VOUCHER IS 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 CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. SUCHA CERTIFICATE WAS NOT ISSUED IN YOUR CASE AND MERE GENERAL KNOWLEDGE AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241. OTHERWISE REIMBURSEMENT IS AUTHORIZED ONLY FOR TRAVEL PERFORMED AFTER RECEIPT OF PERMANENT CHANGE OF STATION ORDERS AND, WHILE IT IS UNFORTUNATE THAT YOU WERE MISINFORMED AS TO YOUR TRAVEL REIMBURSEMENT RIGHT, THAT CIRCUMSTANCE MAY NOT BE CONSIDERED TO PROVIDE A LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.