B-157347, AUG. 26, 1965

B-157347: Aug 26, 1965

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WEIER: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 21. YOU WERE TRANSFERRED FROM APO 175. THE ORDERS AUTHORIZED CONCURRENT TRAVEL OF YOUR DEPENDENTS WHO ARE GERMAN CITIZENS. WE HAVE RECOGNIZED THAT IT IS WITHIN THE POWER AND DISCRETION OF THE SECRETARIES TO PRESCRIBE REGULATIONS AUTHORIZING REIMBURSEMENT TO MEMBERS FOR THE SAME MISCELLANEOUS EXPENSES OF TRANSPORTATION FOR THEIR DEPENDENTS' TRAVEL (WHICH WOULD INCLUDE ALIEN DEPENDENTS) AS AUTHORIZED IN THE JOINT TRAVEL REGULATIONS FOR THEIR OWN TRAVEL. PARAGRAPH 7002-3 (4) OF THE JOINT TRAVEL REGULATIONS WAS PROMULGATED TO AUTHORIZE REIMBURSEMENT FOR PASSPORTS AND VISAS FOR DEPENDENTS WHEN TRANSPORTATION OF DEPENDENTS IS AUTHORIZED.

B-157347, AUG. 26, 1965

TO MR. LAWRENCE B. WEIER:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 21, 1965, REQUESTING REVIEW OF SETTLEMENT DATED JULY 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF VISA AND MEDICAL EXAMINATION FEES IN CONNECTION WITH OBTAINING VISAS FOR YOUR ALIEN DEPENDENTS (WIFE AND TWO STEP-CHILDREN) INCIDENT TO YOUR SERVICE IN THE U.S. AIR FORCE. ALSO THERE HAS BEEN FORWARDED TO US YOUR RECENT LETTER TO THE CLAIMS DIVISION, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, CONCERNING THE MATTER.

BY PERMANENT CHANGE OF STATION ORDERS DATED FEBRUARY 20, 1964, AS AMENDED BY ORDERS DATED APRIL 1, 1964, YOU WERE TRANSFERRED FROM APO 175, NEW YORK, NEW YORK, TO SEYMOUR JOHNSON AIR FORCE BASE, NORTH CAROLINA. THE ORDERS AUTHORIZED CONCURRENT TRAVEL OF YOUR DEPENDENTS WHO ARE GERMAN CITIZENS. CONSULAR CASH RECEIPTS ISSUED BY THE UNITED STATES DEPARTMENT OF STATE SHOW YOU PAID THE SUM OF $105 REPRESENTING $30 FOR MEDICAL FEES, $15 FOR VISA APPLICATIONS AND $60 FOR THE ISSUANCE OF THE VISAS FOR YOUR DEPENDENTS.

WE HAVE RECOGNIZED THAT IT IS WITHIN THE POWER AND DISCRETION OF THE SECRETARIES TO PRESCRIBE REGULATIONS AUTHORIZING REIMBURSEMENT TO MEMBERS FOR THE SAME MISCELLANEOUS EXPENSES OF TRANSPORTATION FOR THEIR DEPENDENTS' TRAVEL (WHICH WOULD INCLUDE ALIEN DEPENDENTS) AS AUTHORIZED IN THE JOINT TRAVEL REGULATIONS FOR THEIR OWN TRAVEL, INCLUDING PASSPORT AND VISA FEES AND COSTS OF PHOTOGRAPHS AND BIRTH CERTIFICATES REQUIRED IN CONNECTION THEREWITH. 41 COMP. GEN. 712. THEREAFTER, PARAGRAPH 7002-3 (4) OF THE JOINT TRAVEL REGULATIONS WAS PROMULGATED TO AUTHORIZE REIMBURSEMENT FOR PASSPORTS AND VISAS FOR DEPENDENTS WHEN TRANSPORTATION OF DEPENDENTS IS AUTHORIZED.

HOWEVER IN OUR DECISION OF DECEMBER 17, 1964, TO THE SECRETARY OF THE ARMY, B-147981, 44 COMP. GEN.---, WE HELD THAT MEDICAL FEES INCURRED IN CONNECTION WITH OBTAINING VISAS FOR ALIEN DEPENDENTS SHOULD NOT PROPERLY BE CONSIDERED AS AUTHORIZED TRANSPORTATION EXPENSE UNDER THAT AUTHORITY.

BASED ON THE FOREGOING, IT APPEARS THAT YOU ARE ENTITLED TO REIMBURSEMENT IN THE SUM OF $75 REPRESENTING FEES YOU PAID FOR THE APPLICATION AND ISSUANCE OF THE VISAS FOR YOUR DEPENDENTS. THERE IS NO LEGAL AUTHORITY TO ALLOW YOUR CLAIM IN THE ADDITIONAL SUM OF $30 FOR THE MEDICAL EXAMINATION FEES.