B-162524, JAN 4, 1968

B-162524: Jan 4, 1968

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D.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1. THE TRAVEL OF YOUR DEPENDENTS WAS PERFORMED INCIDENT TO PARAGRAPH 6. THEY WERE FURNISHED AIR TRANSPORTATION TO O'HARE AIRPORT. YOU STATED THAT IN BOTH INSTANCES THE DISTANCE TRAVELED BY TAXI WAS APPROXIMATELY 15 MILES AND THAT THERE WERE 10 PIECES OF BAGGAGE. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $10.50 AS REIMBURSEMENT FOR THE EXPENSES INCURRED IN CHICAGO. YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES INCURRED IN NEW YORK WAS DISALLOWED FOR THE REASON THAT YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO YOUR TRANSFER POINT. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER UPON CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS.

B-162524, JAN 4, 1968

PRECIS-UNAVAILABLE

JAMES BERNARD PINSKI, M. D.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1967, REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT OF AUGUST 1, 1967, WHICH DISALLOWED A PORTION OF YOUR CLAIM FOR TAXI FARES AND BAGGAGE HANDLING INCIDENT TO TRAVEL OF YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO J. F. KENNEDY AIRPORT, NEW YORK, AND FROM O'HARE AIRPORT, CHICAGO, ILLINOIS, TO YOUR HOME IN THE SAME CITY ON OCTOBER 21, 1966.

THE TRAVEL OF YOUR DEPENDENTS WAS PERFORMED INCIDENT TO PARAGRAPH 6, SPECIAL ORDERS NO. 127, DATED JULY 5, 1966, AS AMENDED BY PARAGRAPH 4, SPECIAL ORDERS NO. 175, SEPTEMBER 20, 1966, WHICH RELEASED YOU FROM DUTY AT HEIDELBERG, GERMANY, AND ASSIGNED YOU TO FORT HAMILTON, NEW YORK, AS A TRANSFER STATION, AND PARAGRAPH 193, SPECIAL ORDERS NO. 148, DATED JULY 19, 1966, WHICH EFFECTED YOUR SEPARATION FROM THE SERVICE AS MAJOR, MEDICAL CORPS, UNITED STATES ARMY, AT FORT HAMILTON, NEW YORK, ON OCTOBER 24, 1966, UPON ACCEPTANCE OF YOUR RESIGNATION, AND DIRECTED YOU TO PROCEED TO YOUR HOME, CHICAGO, ILLINOIS.

YOU AND YOUR DEPENDENTS ARRIVED IN NEW YORK, NEW YORK, ABOARD THE S. S. UNITED STATES ON OCTOBER 20, 1966. YOUR DEPENDENTS ACCOMPANIED YOU TO FORT HAMILTON AND THE NEXT DAY PROCEEDED TO JOHN F. KENNEDY AIRPORT BY TAXI AT A COST OF $17 FOR TAXI FARE AND $3 FOR BAGGAGE HANDLING. THEY WERE FURNISHED AIR TRANSPORTATION TO O'HARE AIRPORT, CHICAGO, FROM WHICH POINT THEY TRAVELED TO YOUR HOME BY TAXI AT A COST OF $15 FOR TAXI FARE AND $3 FOR BAGGAGE HANDLING. YOU STATED THAT IN BOTH INSTANCES THE DISTANCE TRAVELED BY TAXI WAS APPROXIMATELY 15 MILES AND THAT THERE WERE 10 PIECES OF BAGGAGE. YOU CLAIMED A TOTAL OF $38 FOR TAXI FARE AND BAGGAGE HANDLING.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $10.50 AS REIMBURSEMENT FOR THE EXPENSES INCURRED IN CHICAGO. YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES INCURRED IN NEW YORK WAS DISALLOWED FOR THE REASON THAT YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO YOUR TRANSFER POINT, FORT HAMILTON. IN YOUR PRESENT LETTER YOU CONTEND YOUR DEPENDENTS HAD TO ACCOMPANY YOU TO FORT HAMILTON IN ORDER FOR YOU TO OBTAIN TRANSPORTATION REQUESTS FOR THEIR TRAVEL TO CHICAGO.

SECTION 406 OF TITLE 37, U. S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER UPON CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE. PARAGRAPH M7009 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY WILL BE ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS NOT TO EXCEED THE DISTANCE FROM HIS LAST STATION OR THE PLACE TO WHICH THEY WERE LAST TRANSPORTED AT PUBLIC EXPENSE TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL. THE REGULATIONS DO NOT PROVIDE FOR TRAVEL OF THE DEPENDENTS TO THE MEMBER'S TRANSFER POINTS OR TEMPORARY DUTY STATIONS EN ROUTE.

THERE WAS NO REQUIREMENT IN YOUR ORDERS THAT YOU OBTAIN TRANSPORTATION REQUESTS FOR YOUR DEPENDENTS AT FORT HAMILTON. IF YOU DESIRED GOVERNMENT TRANSPORTATION FROM NEW YORK TO CHICAGO FOR YOUR DEPENDENTS, IT IS NOT UNDERSTOOD WHY THE REQUESTS COULD NOT HAVE BEEN OBTAINED AT FORT HAMILTON WITHOUT YOUR DEPENDENTS BEING PRESENT. THEIR TRAVEL TO THAT POINT WAS ENTIRELY YOUR OWN RESPONSIBILITY. YOU WERE, HOWEVER, ENTITLED TO TRANSPORTATION, REIMBURSEMENT OR MONETARY ALLOWANCE FOR TRAVEL OF YOUR DEPENDENTS BETWEEN CARRIER TERMINALS IN NEW YORK AND FROM THE CARRIER TERMINAL IN CHICAGO TO YOUR HOME.

PARAGRAPH M7002-3 OF THE JOINT TRAVEL REGULATIONS (CHANGE 158, MARCH 1, 1966) PROVIDES THAT WHEN TRANSPORTATION IN KIND IS FURNISHED DEPENDENTS UPON PERMANENT CHANGE OF STATIONS THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR THE COST OF TAXICAB BETWEEN CARRIER TERMINALS AND FROM CARRIER TERMINAL TO PLACE OF LODGING WHEN REQUIRED BY UNAVOIDABLE TRANSPORTATION DELAYS, AS WELL AS TO THE COST OF TRANSFERRING BAGGAGE WHEN THE NUMBER OF PIECES IS SHOWN, PROVIDED THAT RECEIPTS ARE REQUIRED TO SUPPORT ANY ITEMS CLAIMED IN EXCESS OF $15.

THE RECORD DOES NOT SHOW WHAT THE TAXI FARE WOULD HAVE BEEN FROM THE PIER IN NEW YORK TO J. F. KENNEDY AIRPORT; HOWEVER, SINCE THE DISTANCE IS GREATER THAN FROM FORT HAMILTON TO THE AIRPORT, PRESUMABLY THE COST WOULD HAVE BEEN GREATER THAN ACTUALLY INCURRED. SINCE YOUR DEPENDENTS ACTUALLY TRAVELED BY CAB AT A COST OF $17 AND A RECEIPT HAS NOT BEEN FURNISHED, IT IS CONCLUDED THAT YOU MAY BE REIMBURSED IN THE SUM OF $15 FOR TAXI FARE IN NEW YORK PLUS $3 FOR BAGGAGE HANDLING AND $15 FOR TAXI FARE IN CHICAGO PLUS $3 FOR BAGGAGE HANDLING LESS THE AMOUNT ALLOWED BY THE SETTLEMENT OF AUGUST 1, 1967.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.