B-150094, NOV. 21, 1962

B-150094: Nov 21, 1962

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AFR: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21. SINCE YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED SEPTEMBER 10. YOUR LETTER WILL BE CONSIDERED IN THE NATURE OF A REQUEST FOR REVIEW OF THE PREVIOUS ACTION TAKEN IN THE MATTER OF A REQUEST FOR REVIEW OF THE PREVIOUS ACTION TAKEN IN THE MATTER. YOU WERE RELIEVED FROM ASSIGNMENT AT THE WALTER REED GENERAL HOSPITAL. PAYMENT WAS ADMINISTRATIVELY MADE FOR THE LAND TRAVEL PORTION OF YOUR CLAIM FOR PERSONAL AND DEPENDENT TRAVEL BETWEEN WASHINGTON. YOU WERE REQUESTED TO FURNISH A CERTIFICATE OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION TO SUBSTANTIATE THAT PORTION OF YOUR CLAIM FOR TRAVEL PERFORMED BY COMMERCIAL AIR FROM NEW YORK.

B-150094, NOV. 21, 1962

TO DANIEL I. VILENICA, STAFF SERGEANT, AFR:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21, 1962, WITH WHICH YOU FORWARDED A COPY OF A TICKET PURCHASED FROM TRANS WORLD AIRLINES FOR YOUR TRAVEL FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY, IN SUPPORT OF YOUR CLAIM FOR REIMBURSEMENT FOR PERSONAL TRAVEL AND TRANSPORTATION OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY, JULY 4 TO 10, 1961. SINCE YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED SEPTEMBER 10, 1962, YOUR LETTER WILL BE CONSIDERED IN THE NATURE OF A REQUEST FOR REVIEW OF THE PREVIOUS ACTION TAKEN IN THE MATTER OF A REQUEST FOR REVIEW OF THE PREVIOUS ACTION TAKEN IN THE MATTER.

BY PARAGRAPH 9, SPECIAL ORDERS NO. AB-5166, DEPARTMENT OF THE AIR FORCE, WASHINGTON, D.C., DATED JUNE 22, 1961, YOU WERE RELIEVED FROM ASSIGNMENT AT THE WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., AND RETIRED EFFECTIVE JULY 5, 1961, THE ORDERS DIRECTING THAT YOU PROCEED TO YOUR HOME OF SELECTION. THE RECORD SHOWS THAT YOU SELECTED WIESBADEN, GERMANY, AS YOUR HOME AND YOU TRAVELED FROM WASHINGTON, D.C., TO YOUR HOME OF SELECTION JULY 5 TO 10, 1961, AND YOUR DEPENDENTS TRAVELED FROM ST. LOUIS, MISSOURI, TO YOUR HOME JULY 4 TO 10, 1961, WITH BOTH YOU AND YOUR DEPENDENTS USING COMMERCIAL AIR FOR TRAVEL OVERSEAS. PAYMENT WAS ADMINISTRATIVELY MADE FOR THE LAND TRAVEL PORTION OF YOUR CLAIM FOR PERSONAL AND DEPENDENT TRAVEL BETWEEN WASHINGTON, D.C., AND WIESBADEN, GERMANY, AND YOU WERE REQUESTED TO FURNISH A CERTIFICATE OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION TO SUBSTANTIATE THAT PORTION OF YOUR CLAIM FOR TRAVEL PERFORMED BY COMMERCIAL AIR FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY. IN RESPONSE YOU STATED YOU WERE DENIED SUCH A CERTIFICATE, BUT ENCLOSED A COPY OF A MEDICAL STATEMENT FROM THE FLIGHT MEDICAL OFFICER AT MCGUIRE AIR FORCE BASE, NEW JERSEY, DATED MARCH 8, 1962, THAT PERMISSION TO TRAVEL BY MILITARY AIR TRANSPORT COULD NOT BE GRANTED DUE TO YOUR MEDICAL CONDITION. YOU THEREFORE USED COMMERCIAL AIR FOR YOUR TRAVEL OVERSEAS AND STATE THAT YOUR DEPENDENTS HAD NO OTHER CHOICE BUT TO USE COMMERCIAL AIR FOR THEIR TRAVEL OVERSEAS.

BY LETTER OF AUGUST 30, 1962, IN RESPONSE TO OUR LETTER OF AUGUST 13, 1962, REQUESTING THAT YOU FURNISH EVIDENCE OF THE COST OF COMMERCIAL AIR TRAVEL AND THE NAME OF THE AIRLINE UTILIZED, YOU STATED YOU WERE UNABLE TO FURNISH ANY RECEIPT AND THAT YOU HAD ONLY ONE RECEIPT FROM THE LUFTHANSA AIRLINE WHICH YOU SENT WITH OTHER PAPERS TO THE AIR FORCE FINANCE CENTER, DENVER, COLORADO. AS A RESULT OF THIS INFORMATION, YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 10, 1962, FOR THE REASON THAT APPLICABLE JOINT TRAVEL REGULATIONS PROVIDE THAT COMMERCIAL VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WILL BE USED UNLESS COMPETENT EVIDENCE IS FURNISHED THAT THEY WERE NOT AVAILABLE AND SINCE YOU STATED YOU USED LUFTHANSA AIRLINES, A FOREIGN AIRLINE, FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENTS, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM.

UNDER THE PROVISIONS OF PARAGRAPH 4159 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404 AND 406, A MEMBER TRAVELING UNDER PERMANENT CHANGE OF STATION ORDERS, INCLUDING RELIEF FROM ACTIVE DUTY ORDERS, TO POINTS OUTSIDE THE UNITED STATES, WHICH ORDERS DO NOT DIRECT TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, IS ENTITLED TO TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL, IF AVAILABLE, OTHERWISE TO GOVERNMENT PROCURED TRANSPORTATION, IF GOVERNMENT TRANSPORTATION REQUESTS ARE AVAILABLE, OR REIMBURSEMENT OF PERSONAL EXPENSES FOR THE TRANSOCEANIC TRAVEL INVOLVED, IF NEITHER GOVERNMENT TRANSPORTATION NOR TRANSPORTATION REQUESTS ARE AVAILABLE PARAGRAPH 4159-4, PROVIDES THAT IF TRANSPORTATION BY GOVERNMENT AIRCRAFT OR VESSEL IS NOT AVAILABLE AND GOVERNMENT TRANSPORTATION REQUESTS ARE AVAILABLE, REIMBURSEMENT WILL NOT EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE GOVERNMENT FURNISHED THE TRANSPORTATION AND IF SUCH REQUESTS ARE NOT AVAILABLE, REIMBURSEMENT IS LIMITED TO THE AMOUNT EXPENDED BY THE MEMBER, LIMITED TO THE LOWEST FIRST CLASS ACCOMMODATIONS, PLUS TAX, FOR DIRECT TRAVEL BETWEEN THE TERMINAL POINTS INVOLVED. HOWEVER, THIS ENTITLEMENT IS SUBJECT TO THE REQUIREMENT OF PARAGRAPH 2150-1 OF THE JOINT TRAVEL REGULATIONS THAT FOR ALL TRAVEL AND TRANSPORTATION OUTSIDE THE UNITED STATES, A VESSEL OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WILL BE USED UNLESS DETERMINED TO BE IMPRACTICABLE OR UNAVAILABLE. THE MEMBER IS ALSO ENTITLED TO TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION, EXCEPT THAT UNDER THE PROVISIONS OF PARAGRAPHS 2150-1 REFERRED TO ABOVE AND 7000-8 OF THE JOINT TRAVEL REGULATIONS, NO REIMBURSEMENT IS AUTHORIZED FOR ANY PORTION OF THE TRAVEL PERFORMED BY A FOREIGN VESSEL OR AIRPLANE IF AMERICAN REGISTERED VESSELS OR AIRPLANES WERE AVAILABLE FOR THE TRAVEL.

IN VIEW OF THE CERTIFICATE FROM THE FLIGHT MEDICAL OFFICER AT MCGUIRE AIR FORCE BASE, NEW JERSEY, THAT PERMISSION FOR YOUR TRAVEL BY MILITARY AIR TRANSPORT COULD NOT BE GRANTED, IT MAY BE CONSIDERED THAT GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE. FURTHERMORE, SINCE YOU HAVE NOW FURNISHED EVIDENCE THAT YOU TRAVELED FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY, BY AIRCRAFT REGISTERED UNDER LAWS OF THE UNITED STATES YOU ARE ENTITLED TO REIMBURSEMENT FOR THAT TRAVEL IN ACCORDANCE WITH THE ABOVE REGULATIONS.

WITH RESPECT TO REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS, IT APPEARS THAT THEY TRAVELED BY LUFTHANSA AIRLINE, UNDER FOREIGN REGISTRY. IT HAS BEEN ASCERTAINED THAT TRANS WORLD AIR LINES, INC., AND PAN AMERICAN AIRWAYS, BOTH REGISTERED UNDER THE LAWS OF THE UNITED STATES, OPERATED DAILY FLIGHTS BETWEEN NEW YORK AND FRANKFURT, GERMANY, DURING THE MONTH OF JULY 1961. SINCE SUCH SERVICE WAS AVAILABLE DAILY, IT COULD HAVE PROVIDED THE OVERSEAS TRANSPORTATION OF YOUR DEPENDENTS. THEREFORE, REIMBURSEMENT FOR THE EXPENSES INCURRED INCIDENT TO YOUR DEPENDENTS' TRAVEL OVERSEAS BY AIRCRAFT OF FOREIGN REGISTRY IS CLEARLY PROHIBITED BY PARAGRAPHS 7000-8 AND 2150-1 OF THE JOINT TRAVEL REGULATIONS.

SETTLEMENT FOR YOUR TRAVEL ON THE BASIS STATED ABOVE WILL ISSUE IN THE NEAR FUTURE.