B-151353, JULY 12, 1963, 43 COMP. GEN. 50

B-151353: Jul 12, 1963

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THE MEMBER MAY HAVE AN AMENDMENT TO THE TRAVEL ORDERS ISSUED AFTER THE WIFE'S TRAVEL REGARDED AS WRITTEN CONFIRMATION OF THE VERBAL ORDERS GIVEN PRIOR TO THE TRAVEL SO AS TO BE ENTITLED TO EMERGENCY COST-OF-LIVING ALLOWANCE WHILE THE WIFE WAS IN THE SAFE HAVEN AREA. THE MEMBER IS NOT ENTITLED TO THE EMERGENCY COST-OF-LIVING ALLOWANCE AFTER THE DEPENDENT FOR PERSONAL REASONS LEFT THE SAFE HAVEN POINT. 1963: REFERENCE IS MADE TO LETTER OF APRIL 6. EMERGENCY COST-OF-LIVING ALLOWANCE WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4306-2 OF THE JOINT TRAVEL REGULATIONS. AT THE TIME THE EVACUATION AUTHORIZATION WAS ISSUED. YOU HAD NO FAMILY TO BE EVACUATED AND THIS WAS NOTED ON THE AUTHORIZATION.

B-151353, JULY 12, 1963, 43 COMP. GEN. 50

STATION ALLOWANCES - MILITARY PERSONNEL - DEPENDENTS - EVACUATION WHERE AN OVERSEAS MILITARY MEMBER ACQUIRES A WIFE--- A FOREIGN NATIONAL-- - AFTER THE DATE OF ORDERS AUTHORIZING THE EMERGENCY EVACUATION OF THE MEMBER TO A SAFE HAVEN POINT AND THE WIFE, PURSUANT TO THE VERBAL ORDERS AUTHORIZING HER EVACUATION, TRAVELS TO THE SAFE HAVEN POINT AND THEN TO ANOTHER COUNTRY BECAUSE OF THE HIGH COST OF LIVING AT THE SAFE HAVEN POINT, THE MEMBER MAY HAVE AN AMENDMENT TO THE TRAVEL ORDERS ISSUED AFTER THE WIFE'S TRAVEL REGARDED AS WRITTEN CONFIRMATION OF THE VERBAL ORDERS GIVEN PRIOR TO THE TRAVEL SO AS TO BE ENTITLED TO EMERGENCY COST-OF-LIVING ALLOWANCE WHILE THE WIFE WAS IN THE SAFE HAVEN AREA; HOWEVER, SINCE BOTH THE ORDERS AND THE AMENDMENT LIMITED TRAVEL OF EVACUEES TO THE SAFE HAVEN POINT, THE MEMBER IS NOT ENTITLED TO THE EMERGENCY COST-OF-LIVING ALLOWANCE AFTER THE DEPENDENT FOR PERSONAL REASONS LEFT THE SAFE HAVEN POINT.

TO SYDNEY K. H. MILLER, JULY 12, 1963:

REFERENCE IS MADE TO LETTER OF APRIL 6, 1963, WRITTEN BY YOUR WIFE IN YOUR BEHALF, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF MAY 20, 1959, WHICH DISALLOWED YOUR CLAIM FOR EMERGENCY COST-OF LIVING ALLOWANCE FOR THE PERIOD SEPTEMBER 11 THROUGH DECEMBER 7, 1958, AS YEOMAN 1ST CLASS, UNITED STATES NAVY.

BY AUTHORIZATION NO. EM-NAVY-7, DATED JULY 14, 1958, THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE PROVIDED FOR YOUR EVACUATION FROM BAGHDAD, IRAQ, TO A SAFE HAVEN IN ROME, ITALY, WITH TRAVEL FROM ROME TO BE AS DIRECTED. EMERGENCY COST-OF-LIVING ALLOWANCE WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4306-2 OF THE JOINT TRAVEL REGULATIONS. AT THE TIME THE EVACUATION AUTHORIZATION WAS ISSUED, YOU HAD NO FAMILY TO BE EVACUATED AND THIS WAS NOTED ON THE AUTHORIZATION. BY AUTHORIZATION NO. EM-NAVY-7-A, DATED JANUARY 28, 1959, THE ORIGINAL AUTHORIZATION WAS AMENDED TO PROVIDE FOR THE EVACUATION TRAVEL OF YOUR WIFE TO ROME, ITALY, EFFECTIVE SEPTEMBER 11, 1958. YOUR WIFE'S ITINERARY SHOWS THAT SHE DEPARTED BAGHDAD, IRAQ, SEPTEMBER 11, 1958, ARRIVED IN ROME, ITALY, THE SAME DAY, DEPARTED ROME SEPTEMBER 16, 1958, AND ARRIVED IN LONDON, ENGLAND, SEPTEMBER 17, 1958. SHE TRAVELED THAT DAY TO SLEAFORD, ENGLAND, AND STAYED THERE UNTIL DECEMBER 6, 1958, WHEN SHE RETURNED TO LONDON, ON HER WAY TO THE UNITED STATES.

YOUR LETTER OF FEBRUARY 9, 1959, IN WHICH YOU PRESENTED YOUR CLAIM REFERRED TO SEVERAL LETTERS WHICH YOU FORWARDED WITH YOUR CLAIM. THESE LETTERS INDICATED THAT YOU WERE ATTACHED TO THE OFFICE OF THE U.S. NAVAL ATTACHE, BAGHDAD, IRAQ, AND THAT YOU WERE MARRIED TO AN IRAQI CITIZEN ON JULY 18, 1958. IN OFFICE MEMORANDUM FROM THE U.S. NAVAL ATTACHE TO THE AMERICAN EMBASSY, BAGHDAD, DATED OCTOBER 22, 1958, IT IS STATED THAT YOU WERE ADVISED BY THE NAVAL ATTACHE THAT ALTHOUGH YOUR WIFE WAS APPARENTLY INELIGIBLE FOR EMERGENCY COST-OF-LIVING ALLOWANCE, SHE SHOULD BE EVACUATED FROM IRAQ AS SOON AS AN EXIT VISA WAS OBTAINABLE. AFTER OBTAINING THE VISA YOUR WIFE DEPARTED BAGHDAD SEPTEMBER 11, 1958, AS STATED ABOVE. OPERATIONS MEMORANDUM DATED OCTOBER 24, 1958, THE OFFICE OF THE NAVAL ATTACHE REQUESTED THE STATE DEPARTMENT THROUGH THE AMERICAN EMBASSY AT BAGHDAD FOR A DECISION AS TO WHETHER YOUR EVACUATION TRAVEL ORDER COULD BE AMENDED TO INCLUDE YOUR DEPENDENT, AND BY OPERATIONS MEMORANDUM DATED DECEMBER 5, 1958, IT WAS STATED THAT YOUR DEPENDENT SHOULD HAVE BEEN ISSUED AN EVACUATION TRAVEL ORDER TO A SAFE HAVEN IN ITALY ON THE SAME BASIS AS OTHER DEPENDENTS OF ATTACHE PERSONNEL. IN YOUR LETTER YOU STATE THAT AFTER YOUR MARRIAGE YOU REQUESTED THE EVACUATION OF YOUR WIFE, BUT WERE ADVISED THAT SINCE SHE WAS NOT AN AMERICAN CITIZEN SHE WAS NOT ELIGIBLE. HOWEVER, UPON RECEIPT OF A VISA TO THE UNITED STATES, YOUR WIFE LEFT FOR ROME. BECAUSE OF THE HIGH COST OF LIVING AT ROME, SHE OBTAINED A BRITISH VISA AND TRAVELED TO ENGLAND. YOU STATED FURTHER THAT YOU HAD PLANNED TO LEAVE IN MID-OCTOBER, BUT WERE NOTIFIED YOU HAD TO REMAIN IN BAGHDAD UNTIL DECEMBER. ACCORDINGLY, YOU CLAIMED EMERGENCY COST-OF-LIVING ALLOWANCE FROM SEPTEMBER 11 THROUGH DECEMBER 7, 1958, THE DAY YOU MET YOUR WIFE IN LONDON, ENGLAND, EN ROUTE TO THE UNITED STATES.

PARAGRAPH 4306, CHANGE 73 OF THE JOINT TRAVEL REGULATIONS, WHICH IS STATED TO BE EFFECTIVE JULY 16, 1958, PROVIDED FOR THE PAYMENT OF AN EMERGENCY COST-OF-LIVING ALLOWANCE TO A MEMBER ON DUTY AT AN OVERSEAS STATION WHEN HIS DEPENDENTS WERE ORDERED TO BE EVACUATED FROM THE VICINITY OF HIS DUTY STATION TO ANOTHER OVERSEAS AREA. THIS ALLOWANCE WAS TO BE PRESCRIBED BY SPECIAL DETERMINATION OF THE SECRETARY OF THE SERVICE CONCERNED AND THE CHAIRMAN OF THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON THE BASIS OF A REPORT OF ACTUAL COSTS OF QUARTERS AND SUBSISTENCE BEING EXPERIENCED BY DEPENDENTS IN THE AREA TO WHICH EVACUATED. SUCH INFORMATION WAS TO BE ASCERTAINED AND FURNISHED TO THE COMMITTEE BY THE SENIOR COMMANDER OF THAT AREA, OR ANY OTHER COMPETENT AUTHORITY, AS SOON AS POSSIBLE AFTER THE ARRIVAL THERE OF THE DEPENDENTS. THE PARAGRAPH FURTHER PROVIDED THAT THESE ALLOWANCES WERE PAYABLE FROM THE DAY OF THE DEPENDENTS' ARRIVAL IN THE DESIGNATED SAFE HAVEN AREA AND THAT, PENDING THE PRESCRIBING OF AN EMERGENCY COST-OF-LIVING ALLOWANCE, AND FOR A PERIOD OF NOT TO EXCEED 30 DAYS THE ALLOWANCE WOULD BE BASED ON THE DAILY TRAVEL PER DIEM RATE PRESCRIBED IN TABLE 3, APPENDIX B OF THE REGULATIONS FOR THE PLACE DESIGNATED AS THE PLACE WHERE THE DEPENDENTS SHOULD TEMPORARILY RESIDE.

EVACUATION ORDERS EM-NAVY-7, DATED JULY 14, 1958, AUTHORIZING YOUR EVACUATION AND SHIPMENT OF YOUR EFFECTS FROM BAGHDAD, IRAQ, TO A SAFE HAVEN IN ROME, ITALY, INDICATED THAT AT THAT TIME YOU HAD NO FAMILY AUTHORIZED TO TRAVEL TO THE SAFE HAVEN. THEREFORE, ON JULY 18, 1958, THE DATE YOU WERE MARRIED, THERE WAS NO AUTHORIZATION FOR THE EVACUATION OF YOUR DEPENDENT WIFE. HOWEVER, INASMUCH AS THE OFFICE MEMORANDUM FROM THE NAVAL ATTACHE DATED OCTOBER 22, 1958, STATES THAT YOU WERE VERBALLY ADVISED BY THE NAVAL ATTACHE THAT YOUR WIFE SHOULD BE EVACUATED AS SOON AS AN EXIT VISA WAS OBTAINABLE, THE AMENDMENT DATED JANUARY 28, 1959, TO TRAVEL AUTHORIZATION EM-NAVY-7, WILL BE CONSIDERED AS WRITTEN CONFIRMATION OF VERBAL ORDERS BY THE NAVAL ATTACHE AUTHORIZING YOUR WIFE'S EVACUATION FROM BAGHDAD, GIVEN PRIOR TO HER TRAVEL TO ROME ON SEPTEMBER 11, 1958. SINCE HER ITINERARY SHOWS SHE STAYED IN ROME FROM SEPTEMBER 11 TO 16, 1958, YOU ARE ENTITLED TO THE EMERGENCY COST-OF-LIVING FOR THAT PERIOD AT THE PRESCRIBED RATE FOR ROME. HOWEVER, THE ORDERS OF JULY 14, 1958, AS WELL AS THE AMENDMENT DATED JANUARY 28, 1959, BOTH LIMITED TRAVEL OF THE EVACUEES TO A SAFE HAVEN IN ROME, ITALY, ONLY. THE REGULATIONS MAKE NO PROVISION FOR PAYMENT OF THE ALLOWANCE WHEN, FOR PERSONAL REASONS, THE EVACUEE DEPARTS FROM THE DESIGNATED SAFE HAVEN AREA. THEREFORE, THERE IS NO AUTHORITY FOR THE PAYMENT OF EMERGENCY COST-OF-LIVING ALLOWANCE FOR YOUR WIFE AFTER HER DEPARTURE FROM ROME. ACCORDINGLY, YOUR ENTITLEMENT TO EMERGENCY COST-OF-LIVING ALLOWANCE TERMINATED ON SEPTEMBER 16, 1958.

A SETTLEMENT WILL ISSUE ON THE BASIS STATED ABOVE AFTER ASCERTAINING THE PROPER RATE.