B-206545.OM, JUL 27, 1982

B-206545.OM: Jul 27, 1982

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AFMD - CLAIMS GROUP (ROOM 5858): CLAIM FILE Z-2831039 IS RETURNED. THE CLAIM WAS DISALLOWED ON THE BASIS THAT HE MOVED HIS DEPENDENTS AT PERSONAL EXPENSE PRIOR TO RECEIVING THE APPROVAL OF THEIR TRAVEL FROM THE OVERSEAS COMMANDER AS REQUIRED BY ARMY REGULATIONS. WE HAVE CONCLUDED THAT THE CLAIM SHOULD BE ALLOWED SINCE DEFERRED TRAVEL OF THE DEPENDENTS WAS APPROVED BY THE OVERSEAS COMMANDER ON THE CONDITION THAT ADEQUATE ECONOMY QUARTERS WERE OBTAINED PRIOR TO THEIR OVERSEAS MOVEMENT AND SERGEANT THRONE SUBSTANTIALLY COMPLIED WITH REGULATIONS BY FOLLOWING THE COMMANDER'S INSTRUCTIONS TO ACQUIRE SUCH QUARTERS BEFORE PURCHASING AIRLINE TICKETS FOR TRAVEL OF HIS DEPENDENTS. THIS MESSAGE STATED THAT APPLICATION FOR OVERSEAS MOVEMENT OF DEPENDENTS OF SERGEANT THRONE WAS APPROVED FOR DEFERRED TRAVEL AND THAT TRAVEL OF DEPENDENTS TO KOREA WOULD BE AUTHORIZED WHEN ADEQUATE ECONOMY QUARTERS WERE OBTAINED SINCE GOVERNMENT QUARTERS WOULD NOT BE AVAILABLE UPON ARRIVAL.

B-206545.OM, JUL 27, 1982

SUBJECT: STAFF SERGEANT VIRGIL C. THRONE, USA - B-206545-O.M.

ASSOCIATE DIRECTOR, AFMD - CLAIMS GROUP (ROOM 5858):

CLAIM FILE Z-2831039 IS RETURNED. STAFF SERGEANT VIRGIL C. THRONE REQUESTS RECONSIDERATION OF OUR CLAIMS GROUP'S JUNE 4, 1981 DENIAL OF HIS CLAIM FOR REIMBURSEMENT OF DEPENDENT TRAVEL EXPENSES. THE CLAIM WAS DISALLOWED ON THE BASIS THAT HE MOVED HIS DEPENDENTS AT PERSONAL EXPENSE PRIOR TO RECEIVING THE APPROVAL OF THEIR TRAVEL FROM THE OVERSEAS COMMANDER AS REQUIRED BY ARMY REGULATIONS. WE HAVE CONCLUDED THAT THE CLAIM SHOULD BE ALLOWED SINCE DEFERRED TRAVEL OF THE DEPENDENTS WAS APPROVED BY THE OVERSEAS COMMANDER ON THE CONDITION THAT ADEQUATE ECONOMY QUARTERS WERE OBTAINED PRIOR TO THEIR OVERSEAS MOVEMENT AND SERGEANT THRONE SUBSTANTIALLY COMPLIED WITH REGULATIONS BY FOLLOWING THE COMMANDER'S INSTRUCTIONS TO ACQUIRE SUCH QUARTERS BEFORE PURCHASING AIRLINE TICKETS FOR TRAVEL OF HIS DEPENDENTS.

ORDERS DATED APRIL 11, 1980, ISSUED BY HEADQUARTERS, FORT GEORGE G. MEADE, MARYLAND, DIRECTED A PERMANENT CHANGE OF STATION FOR SERGEANT THRONE FROM FORT MEADE TO KOREA WITH DEPENDENT TRAVEL NOT AUTHORIZED. AMENDED ORDERS DATED AUGUST 5, 1980, AUTHORIZED DEFERRED TRAVEL OF DEPENDENTS BASED UPON A MESSAGE FROM THE COMMANDER, MILITARY PERSONNEL CENTER, SEOUL, KOREA, DATED JULY 24, 1980. THIS MESSAGE STATED THAT APPLICATION FOR OVERSEAS MOVEMENT OF DEPENDENTS OF SERGEANT THRONE WAS APPROVED FOR DEFERRED TRAVEL AND THAT TRAVEL OF DEPENDENTS TO KOREA WOULD BE AUTHORIZED WHEN ADEQUATE ECONOMY QUARTERS WERE OBTAINED SINCE GOVERNMENT QUARTERS WOULD NOT BE AVAILABLE UPON ARRIVAL. THE MESSAGE FURTHER STATED THAT THE OVERSEAS COMMANDER WOULD APPROVE THE OVERSEAS TRAVEL WHEN THE SPONSOR COULD PROVIDE DOCUMENTED EVIDENCE THAT ADEQUATE ECONOMY QUARTERS HAD BEEN OBTAINED AND WOULD BE AVAILABLE FOR OCCUPANCY UPON HIS ARRIVAL OR 60 DAYS AFTER ARRIVAL.

SERGEANT THRONE OBTAINED A MEDICAL INSPECTION OF ECONOMY QUARTERS ON SEPTEMBER 23, 1980, AND ON SEPTEMBER 27, 1980, HE EXECUTED A LEASE BEGINNING NOVEMBER 1, 1980. HE OBTAINED A STATEMENT SHOWING NONAVAILABILITY OF GOVERNMENT QUARTERS AND WAS ASSURED BY PERSONNEL OFFICIALS THAT IF HE ARRANGED THE TRANSPORTATION AND ARRIVAL DATE OF HIS FAMILY TO KOREA, HE WOULD BE REIMBURSED FOR AN AMOUNT EQUAL TO THE COST OF GOVERNMENT TRANSPORTATION FOR HIS DEPENDENTS TO KOREA.

HIS CLAIM WAS DISALLOWED BECAUSE HE DID NOT COMPLY WITH ARMY REGULATION, AR 55-46, PARAGRAPH 1-11L(2), WHICH PROVIDES IN PART THAT ONCE ECONOMY QUARTERS ARE OBTAINED, THE MEMBER IS RESPONSIBLE FOR SUBMITTING AN APPLICATION FOR MOVEMENT OF DEPENDENTS THROUGH APPROPRIATE CHANNELS TO THE OVERSEAS COMMANDER.

SERGEANT THRONE'S APPEAL INDICATES THAT THE OVERSEAS COMMANDER'S MESSAGE STATING "TRAVEL OF DEPENDENTS TO KOREA WILL BE AUTHORIZED WHEN ADEQUATE ECONOMY QUARTERS HAVE BEEN OBTAINED" MADE NO REFERENCE TO ANY FURTHER REQUIREMENTS OF ARMY REGULATIONS APPLICABLE TO TRAVEL OF HIS DEPENDENTS AND THAT HE DID EVERYTHING POSSIBLE TO COMPLY WITH THE CONDITIONS SPECIFIED IN THE MESSAGE.

THE RECORD SHOWS THAT ALL HOUSING REQUIREMENTS FOR SERGEANT THRONE, THE PRIMARY CONDITION FOR AUTHORIZATION OF THE DEPENDENT TRAVEL, WERE COMPLETELY FULFILLED A CONSIDERABLE PERIOD OF TIME BEFORE HE INSTRUCTED HIS WIFE TO TRAVEL DURING THE PERIOD OCTOBER 17 THROUGH OCTOBER 26, 1980. THE APPROVAL OF COMMAND SPONSORSHIP OF HIS DEPENDENTS ON NOVEMBER 6, 1980, EFFECTIVELY CONFIRMED THE AUGUST 5, 1980 DETERMINATION THAT SERGEANT THRONE WAS AUTHORIZED DEFERRED TRAVEL OF HIS DEPENDENTS AT GOVERNMENT EXPENSE.

WHILE SERGEANT THRONE DID NOT FOLLOW ESTABLISHED PROCEDURES STRICTLY, HE MET ALL BASIC REQUIREMENTS OF THE OVERSEAS COMMANDER FOR APPROVAL OF HIS DEPENDENTS' TRAVEL BEFORE THEIR DEPARTURE. IN THESE CIRCUMSTANCES, HE IS ENTITLED TO REIMBURSEMENT IN AN AMOUNT EQUAL TO THE COST OF GOVERNMENT TRANSPORTATION.