B-157272, AUG. 30, 1965

B-157272: Aug 30, 1965

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STOUT: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER. YOU WERE RELEASED FROM ASSIGNMENT AT THE 4TH FIELD HOSPITAL. WHILE CONCURRENT TRAVEL FOR YOUR WIFE WAS AUTHORIZED ON AUGUST 31. DEPENDENT TRAVEL TO EUROPE WAS CANCELED DUE TO THE BERLIN CRISIS AFTER SHE ARRIVED IN NEW YORK CITY. WERE DIRECTED TO REPORT FOR FURTHER MOVEMENT TO YOUR NEW DUTY STATION OVERSEAS. IS AMENDED AS FOLLOWS: "/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406: " "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED. A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE. FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER.

B-157272, AUG. 30, 1965

TO STAFF SERGEANT FRANK G. STOUT:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER, AND ENCLOSURES, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED MAY 11, 1965, WHICH DISALLOWED YOUR CLAIM UNDER THE ACT OF DECEMBER 23, 1963, PUBLIC LAW 88- 238, 77 STAT. 475, FOR TRANSPORTATION OF DEPENDENT (WIFE) FROM NEW YORK, NEW YORK, TO DUSSELDORF, GERMANY, DURING THE PERIOD SEPTEMBER 22 TO 28, 1961.

BY SPECIAL ORDERS 221 DATED SEPTEMBER 1, 1961, ISSUED BY HEADQUARTERS, U.S. ARMY TRAINING CENTER, INFANTRY, FORT DIX, NEW JERSEY, YOU WERE RELEASED FROM ASSIGNMENT AT THE 4TH FIELD HOSPITAL, FORT DIX, AND REASSIGNED TO THE 17TH MEDICAL DISPENSARY, APO 165, NEW YORK, NEW YORK, GELNHAUSEN, GERMANY. WHILE CONCURRENT TRAVEL FOR YOUR WIFE WAS AUTHORIZED ON AUGUST 31, 1961, FROM ALLENTOWN, PENNSYLVANIA, TO GELNHAUSEN, GERMANY, SUBJECT TO THE ISSUANCE OF PORT CALL, DEPENDENT TRAVEL TO EUROPE WAS CANCELED DUE TO THE BERLIN CRISIS AFTER SHE ARRIVED IN NEW YORK CITY, RESULTING IN THE CANCELLATION OF SUCH CONCURRENT TRAVEL AUTHORIZATION, YOU, HOWEVER, WERE DIRECTED TO REPORT FOR FURTHER MOVEMENT TO YOUR NEW DUTY STATION OVERSEAS. YOU SAY THAT SINCE YOU HAD GIVEN UP YOUR HOME IN THIS COUNTRY AND YOUR WIFE COULD NOT REMAIN IN NEW YORK CITY, YOU HAD NO CHOICE BUT TO SEND HER TO HER HOME IN DUSSELDORF, GERMANY, AT YOUR OWN EXPENSE.

SECTION 1 OF THE ACT OF DECEMBER 23, 1963, PUBLIC LAW 88-238, 77 STAT. 475, PROVIDES:

"THAT CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

"/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

" "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED

" "UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

" "/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

" "/2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'"

THE ACT PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS WHEN TRAVEL IS PERFORMED BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION THAT ARE LATER CANCELED, REVOKED OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION FROM WHICH HE WAS BEING TRANSFERRED, OR THE ORDERS ARE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. WHEN THE MEMBER'S ORDERS ARE NOT CANCELED, REVOKED OR MODIFIED TO DIRECT HIM TO RETURN TO HIS STATION OR MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION, THE MEMBER IS NOT ENTITLED UNDER THE PROVISIONS OF THIS ACT TO ADDITIONAL TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS EVEN THOUGH THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED WAS PERFORMED BECAUSE CONCURRENT TRAVEL OF THE DEPENDENTS WITH THE MEMBER TO HIS OVERSEAS STATION ORIGINALLY APPROVED WAS DISAPPROVED AFTER THEY HAD COMMENCED TRAVEL AND PRIOR TO RECEIPT OF PORT CALL BY THE DEPENDENTS. SINCE YOUR ORDERS WERE NOT CANCELED, REVOKED OR MODIFIED TO DIRECT YOU TO RETURN TO YOUR OLD STATION OR MODIFIED TO DIRECT YOU TO MAKE A DIFFERENT CHANGE OF STATION, AND INASMUCH AS YOUR WIFE'S TRAVEL FOR WHICH CLAIM IS MADE WAS NOT PERFORMED BEFORE THE EFFECTIVE DATE OF YOUR ORDERS, THE ACT OF DECEMBER 23, 1963, AFFORDS NO LEGAL BASIS TO REIMBURSE YOU FOR THE TRANSPORTATION OF YOUR WIFE FROM NEW YORK CITY TO DUSSELDORF, GERMANY.

ACCORDINGLY, THE SETTLEMENT OF MAY 11, 1965, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.