B-148468, MAY 11, 1962

B-148468: May 11, 1962

Additional Materials:

Contact:

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

 

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

SFC: REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 12. WHICH CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 20. THAT WHILE YOU WERE ON DUTY AT THAT STATION YOU RECEIVED A TELEGRAM FROM MEMPHIS. ADVISING THAT YOUR WIFE'S AUNT WHO STOOD IN LOCO PARENTIS TO HER WAS IN A CRITICAL CONDITION. YOU SAY THAT YOU APPLIED FOR EMERGENCY TRAVEL BY AIR FOR YOUR WIFE AND TWO MINOR CHILDREN TO RETURN TO THE UNITED STATES BUT WERE ADVISED THAT WHILE GOVERNMENT TRANSOCEANIC SURFACE TRAVEL WAS AVAILABLE FOR ALL OF YOUR DEPENDENTS. GOVERNMENT AIR TRAVEL WAS LIMITED TO YOUR WIFE AND ANY MINOR CHILDREN UNDER SIX MONTHS OF AGE. SINCE YOUR MINOR CHILDREN WERE OVER THAT AGE. YOU WERE RELIEVED FROM ASSIGNMENT OVERSEAS AND DIRECTED TO REPORT ON SEPTEMBER 29.

B-148468, MAY 11, 1962

TO DONALD G. VESPER, SFC:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED MARCH 12, 1962, IN WHICH YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF YOUR DEPENDENTS FROM MAINZ/CONSENHEIM, GERMANY, TO MILLINGTON, TENNESSEE, PRIOR TO ISSUANCE OF CHANGE OF STATION ORDERS, WHICH CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 20, 1961.

IT APPEARS FROM THE RECORD THAT YOUR DEPENDENTS JOINED YOU AT YOUR OVERSEAS STATION IN DECEMBER 1958, AND THAT WHILE YOU WERE ON DUTY AT THAT STATION YOU RECEIVED A TELEGRAM FROM MEMPHIS, TENNESSEE, DATED MARCH 8, 1961, ADVISING THAT YOUR WIFE'S AUNT WHO STOOD IN LOCO PARENTIS TO HER WAS IN A CRITICAL CONDITION. YOU SAY THAT YOU APPLIED FOR EMERGENCY TRAVEL BY AIR FOR YOUR WIFE AND TWO MINOR CHILDREN TO RETURN TO THE UNITED STATES BUT WERE ADVISED THAT WHILE GOVERNMENT TRANSOCEANIC SURFACE TRAVEL WAS AVAILABLE FOR ALL OF YOUR DEPENDENTS, GOVERNMENT AIR TRAVEL WAS LIMITED TO YOUR WIFE AND ANY MINOR CHILDREN UNDER SIX MONTHS OF AGE. SINCE YOUR MINOR CHILDREN WERE OVER THAT AGE, YOU DECIDED TO SEND YOUR DEPENDENTS TO THE UNITED STATES BY COMMERCIAL AIR AT YOUR OWN EXPENSE BECAUSE OF THE EMERGENCY AND TO LET THEM REMAIN THERE UNTIL YOUR RETURN ON ROTATION, ANTICIPATED IN AUGUST 1961. THE RECORD SHOWS FURTHER THAT BY LETTER ORDERS 7-6, HEADQUARTERS FIRST AIRBORNE BATTLE GROUP, 504 INFANTRY, U.S. FORCES, APO 185, DATED JULY 5, 1961, AND PARAGRAPH 1, SPECIAL ORDERS 187, OF THE SAME COMMAND, DATED SEPTEMBER 20, 1961, YOU WERE RELIEVED FROM ASSIGNMENT OVERSEAS AND DIRECTED TO REPORT ON SEPTEMBER 29, 1961, FOR SURFACE VESSEL TRANSPORTATION TO FORT HAMILTON, NEW YORK, AND REASSIGNMENT TO YUMA TEST STATION, ARIZONA.

YOUR CLAIM FOR REIMBURSEMENT FOR EXPENSES INCURRED IN THE ADVANCE TRAVEL OF YOUR DEPENDENTS BY COMMERCIAL AIR FROM MAINZ/CONSENHEIM, GERMANY, TO THE UNITED STATES, AND FURTHER TRAVEL TO MILLINGTON, TENNESSEE, PERFORMED DURING THE PERIOD MARCH 14 TO 15, 1961, WAS FORWARDED TO THIS OFFICE FOR CONSIDERATION, AND BY SETTLEMENT DATED DECEMBER 20, 1961, IT WAS DISALLOWED FOR THE REASON THAT THE RECORD FAILED TO SHOW THAT ORDERS AUTHORIZING THE ADVANCE RETURN OF YOUR DEPENDENTS WERE ISSUED AND THAT THE ADVANCE TRAVEL COULD NOT HAVE BEEN AUTHORIZED UNDER THE GOVERNING REGULATIONS AS THE REASON FOR SUCH TRAVEL DID NOT COME WITHIN THE SPECIFIC CASES OUTLINED IN THE REGULATIONS.

YOU INDICATE THAT NO ORDERS WERE ISSUED FOR THE ADVANCE RETURN OF YOUR WIFE AND SONS BECAUSE OF THE EMERGENCY SITUATION INVOLVED, RESULTING IN HARDSHIP BECAUSE OF THE PERSONAL EXPENDITURES REQUIRED, BUT YOU STATE THAT WITH YOUR ROTATION BACK TO THE UNITED STATES DUE IN AUGUST 1961, YOU WOULD HAVE BEEN AUTHORIZED CONCURRENT TRAVEL FOR YOUR DEPENDENTS AT THAT TIME AND THAT YOU FEEL CONSEQUENTLY THAT PAYMENT OF THE CLAIM WOULD RESULT IN NO LOSS TO THE GOVERNMENT.

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 PROVIDES FURTHER FOR THEIR TRAVEL IN THE ABSENCE OF CHANGE OF STATION ORDERS UNDER UNUSUAL OR EMERGENCY CONDITIONS, INCLUDING INSTANCES WHERE THE MEMBER IS SERVING OVERSEAS. PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT SUBSECTION, WHICH WAS IN EFFECT AT THE TIME OF DEPENDENTS' TRAVEL, PROVIDED THAT A MEMBER MAY REQUEST THE ADVANCE RETURN OF HIS DEPENDENTS NOTWITHSTANDING THE FACT THAT THE PERMANENT STATION REMAINS UNCHANGED, AND THAT THE ORDER-ISSUING AUTHORITY MAY AUTHORIZE SUCH TRAVEL IF IN THE CIRCUMSTANCES AND WITHIN THE LIMITATIONS THERE PRESCRIBED, LIMITED, HOWEVER, TO SIX GENERAL CATEGORIES OF CASES.

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 THE TRAVEL. YOUR REQUEST FOR THE RETURN OF YOUR DEPENDENTS FROM GERMANY TO THE UNITED STATES WAS NOT APPROVED BY THE APPROPRIATE AUTHORITIES UNDER THOSE REQUIREMENTS, AND COULD NOT PROPERLY HAVE BEEN APPROVED SINCE SERIOUS ILLNESS OF CLOSE RELATIVES IS NOT AMONG THE CATEGORIES OF CASES FOR WHICH ADVANCE RETURN OF DEPENDENTS MAY BE AUTHORIZED. HENCE, THE NECESSARY ORDERS WERE NOT ISSUED, AND THE ADVANCE TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE REGARDLESS OF THE FACT THAT HAD THEIR DEPARTURE BEEN DELAYED UNTIL A LATER DATE AUTHORITY WOULD HAVE EXISTED FOR THEIR TRANSPORTATION ON THE BASIS OF YOUR SUBSEQUENTLY ISSUED CHANGE OF STATION ORDERS. ACCORDINGLY THE SETTLEMENT OF DECEMBER 20, 1961, WAS CORRECT AND IS SUSTAINED.