B-155587, DEC. 28, 1964

B-155587, DEC. 28, 1964

TO WENFORD D. SYKES, BM1, 211 44 51:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1964, AND ENCLOSURES, FORWARDED TO OUR OFFICE BY THE U.S. NAVY FINANCE CENTER, WASHINGTON, D.C. 20390, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR DEPENDENTS FROM POTTS CAMP, MISSISSIPPI, TO NORFOLK, VIRGINIA, AND FROM THERE TO ATLANTA, GEORGIA, AND RETURN TO NORFOLK, INCIDENT TO YOUR ASSIGNMENT TO DUTY AT ROTA, SPAIN.

BY TRANSFER ORDER 140-63 PREPARED SEPTEMBER 6, 1963, YOU WERE TRANSFERRED FROM THE U.S.S. BOLD (MSO 424) AT CHARLESTON, SOUTH CAROLINA, TO THE U.S. NAVAL STATION, ROTA, SPAIN, TO REPORT NOT LATER THAN NOVEMBER 1, 1963. SINCE YOUR DEPENDENTS WERE NOT GRANTED CONCURRENT TRAVEL TO YOUR OVERSEAS STATION, YOU WERE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THEIR TRAVEL FROM CHARLESTON, SOUTH CAROLINA, TO POTTS CAMP, MISSISSIPPI. THE BUREAU OF NAVAL PERSONNEL ADVISED YOUR WIFE BY LETTER DATED DECEMBER 18, 1963, THAT SHE AND YOUR TWO CHILDREN WERE AUTHORIZED TO TRAVEL TO YOUR OVERSEAS STATION AND REQUESTED THEM TO REPORT AT THE AIR PASSENGER TERMINAL, NAVAL AIR STATION, NORFOLK, VIRGINIA, ON DECEMBER 28, 1963, FOR TRANSPORTATION BY GOVERNMENT AIRCRAFT. IN YOUR LETTER OF SEPTEMBER 17, 1964, YOU SAY THAT WHEN YOUR WIFE ARRIVED IN NORFOLK SHE WAS INFORMED AT THE AIR PASSENGER TERMINAL THAT HER PASSPORT WAS NOT THERE AND THAT SHE AND YOUR CHILDREN COULD NOT LEAVE. SINCE ITS WHEREABOUTS AND HOW LONG IT WOULD TAKE TO LOCATE IT WERE NOT KNOWN, YOUR WIFE AND CHILDREN WENT TO YOUR MOTHER'S HOME AT ATLANTA, GEORGIA, TO WAIT UNTIL THE PASSPORT COULD BE LOCATED. OUR CLAIMS DIVISION SETTLEMENT DATED AUGUST 28, 1964, ALLOWED YOU $82.80 AS REIMBURSEMENT AT 9 CENTS A MILE FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM POTTS CAMP, MISSISSIPPI, TO NORFOLK, VIRGINIA, AND ADVISED YOU THAT THERE IS NO AUTHORITY TO REIMBURSE YOU FOR THEIR ROUND TRIP TRAVEL BETWEEN NORFOLK AND ATLANTA. YOU REQUEST REIMBURSEMENT OF THE ACTUAL EXPENSES FOR THE TRAVEL OF YOUR DEPENDENTS FROM POTTS CAMP, MISSISSIPPI, TO NORFOLK, VIRGINIA, AND THEIR ROUND TRIP TRAVEL BETWEEN NORFOLK AND ATLANTA.

THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PROVISIONS CONTAINED IN THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 406 OF TITLE 37, UNITED STATES CODE. PARAGRAPH 7005-4 OF THE REGULATIONS PROVIDES THAT WHEN THE RESTRICTION AGAINST TRAVEL OF DEPENDENTS TO THE MEMBER'S PERMANENT DUTY STATION IS REMOVED, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE LOCATION TO WHICH THE DEPENDENTS WERE MOVED IN ACCORDANCE WITH SUBPARAGRAPH 2 TO THE MEMBER'S CURRENT DUTY STATION. PARAGRAPH 7002-2 OF THE REGULATIONS PROVIDES THAT WHEN TRANSPORTATION REQUESTS ARE NOT AVAILABLE FOR OVERLAND TRAVEL BY DEPENDENTS, A MEMBER MAY RECEIVE REIMBURSEMENT FOR THE ACTUAL COST OF COMMERCIAL TRANSPORTATION FOR THE MODE OF TRANSPORTATION AUTHORIZED AND ACTUALLY USED, OR THE ALLOWANCE PRESCRIBED IN PARAGRAPH 7003, AS HE MAY ELECT. SINCE IT DOES NOT APPEAR THAT TRANSPORTATION REQUESTS WERE AVAILABLE TO YOUR DEPENDENTS FOR THEIR TRAVEL FROM POTTS CAMP, MISSISSIPPI, WHERE THEY WERE MOVED UNDER THE PROVISIONS OF PARAGRAPH 7005-2 OF THE REGULATIONS, TO NORFOLK,VIRGINIA, YOU ARE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL UNDER THESE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. ON THE BASIS THAT YOUR DEPENDENTS TRAVELED FROM POTTS CAMP TO MEMPHIS, TENNESSEE, BY AUTOMOBILE, YOU ARE ENTITLED TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATES PRESCRIBED IN PARAGRAPH 7003 OF THE REGULATIONS FOR THIS TRAVEL, AND YOU ARE ENTITLED TO REIMBURSEMENT OF THE FARE FOR THEIR TRAVEL BY PLANE FROM MEMPHIS TO NORFOLK, VIRGINIA.

WITH REGARD TO YOUR CLAIM FOR REIMBURSEMENT FOR THE ROUND TRIP TRAVEL OF YOUR DEPENDENTS BETWEEN NORFOLK, VIRGINIA, AND ATLANTA, GEORGIA, PARAGRAPH 7000-12 (FORMERLY 7000-13) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO REIMBURSEMENT FOR ANY TRAVEL OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE. YOUR DEPENDENTS TRAVELED FROM NORFOLK TO ATLANTA TO STAY WITH YOUR MOTHER UNTIL THEY COULD CONTINUE THEIR TRAVEL FROM NORFOLK TO YOUR OVERSEAS STATION WHEN YOUR WIFE'S PASSPORT WAS LOCATED. SUCH TRAVEL MAY NOT BE CONSIDERED AS PART OF THE TRAVEL REQUIRED TO BE PERFORMED BY YOUR DEPENDENTS IN ORDER TO REACH YOUR OVERSEAS STATION. FOR THIS REASON AND SINCE THE TRAVEL WAS NOT OTHERWISE WITH THE INTENT TO ESTABLISH A RESIDENCE, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR IT.

PARAGRAPH 7002-3 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE REIMBURSEMENT OF CERTAIN EXPENSES WHEN THE MEMBER IS REIMBURSED THE COST OF TRANSPORTATION UNDER PARAGRAPH 7002-2 OF THE REGULATIONS. AMONG THE REIMBURSABLE EXPENSES ARE THOSE FOR PASSPORT FEES AND PHOTOGRAPHS, AND TAXICAB BETWEEN PLACES OF ABODE AND CARRIER TERMINALS. THERE IS NO PROVISION IN THAT PARAGRAPH FOR THE REIMBURSEMENT OF THE EXPENSES FOR ROOM CHARGES AND A DOCTOR'S BILL FOR A HEALTH CHECK. THUS, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE EXPENSES OF THE PASSPORT FEES AND PHOTOGRAPHS, AND TAXICAB FARES FROM THE COMMERCIAL AIR TERMINAL WHERE YOUR DEPENDENTS ARRIVED IN NORFOLK TO THE HOTEL AND FROM THE HOTEL TO THE AIR PASSENGER TERMINAL, NAVAL AIR STATION AT NORFOLK.

FROM THE AMOUNT HEREIN AUTHORIZED FOR ALLOWANCE TO YOU, THERE WILL BE DEDUCTED $82.80 REPRESENTING THE AMOUNT OF THE CHECK WHICH WAS ISSUED TO YOU ON THE BASIS OF OUR SETTLEMENT DATED AUGUST 28, 1964. THAT CHECK MAY BE NEGOTIATED BY YOU WITHOUT PREJUDICE TO YOUR RIGHTS IN THE MATTER.

WHILE IT IS REGRETTABLE THAT YOUR WIFE'S PASSPORT WAS NOT IMMEDIATELY AVAILABLE WHEN SHE ARRIVED IN NORFOLK, SUCH FACT AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR YOUR DEPENDENTS' TRAVEL TO ATLANTA AND RETURN. IN THE ABSENCE OF SPECIFIC AUTHORITY THEREFOR, THE UNITED STATES IS NOT LIABLE FOR NEGLIGENT ACTS OF ITS OFFICERS, AGENTS OR EMPLOYEES, EVEN THOUGH COMMITTED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. SEE GERMAN BANK V. UNITED STATES, 148 U.S. 573; 19 COMP. GEN. 503; 22 COMP. GEN. 221.

YOUR ORIGINAL TRANSFER ORDERS AND DEPENDENTS' AUTHORIZATION FOR TRAVEL TO YOUR STATION AT ROTA, SPAIN, ARE RETURNED HEREWITH.