B-132237, SEP 17, 1958
Highlights
AS YOU WERE INFORMED BY OUR LETTER OF MAY 1. YOUR LETTER WAS TRANSMITTED TO THE UNITED STATES INFORMATION AGENCY SO THAT IT MIGHT HAVE AN OPPORTUNITY TO CONSIDER THE VIEWS EXPRESSED BY YOU AND POSSIBLY MODIFY ITS POSITION. THE AGENCY'S REPLY WAS BUT RECENTLY RECEIVED AND WE REGRET THAT WE MUST INFORM YOU THAT IT HAS NOT MODIFIED ITS FORMER STAND. IT EXPRESSES THE VIEW THAT IT COULD NOT WITH PROPRIETY THEN AUTHORIZE OR NOW APPROVE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF YOUR WIFE WHO THEN WAS A FOREIGN NATIONAL AND WITH WHOM YOU ENTERED INTO MARRIAGE IMMEDIATELY PRIOR TO YOUR SEPARATION WITHOUT THE OFFICIAL APPROVAL REQUIRED BY THE REGULATIONS. THE AUTHORIZATION OR APPROVAL OF TRANSPORTATION AT GOVERNMENT EXPENSE IS.
B-132237, SEP 17, 1958
PRECIS-UNAVAILABLE
MR. A. NICHOLAS VARDAC:
WE REFER TO YOUR LETTER OF MARCH 15, 1950, IN WHICH YOU RAISE CERTAIN QUESTIONS CONCERNING OUR DECISION OF JULY 30, 1957, B-132237, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR WIFE FROM SAIGON, VIETNAM, TO BELMONT, MASSACHUSETTS.
AS YOU WERE INFORMED BY OUR LETTER OF MAY 1, 1958, YOUR LETTER WAS TRANSMITTED TO THE UNITED STATES INFORMATION AGENCY SO THAT IT MIGHT HAVE AN OPPORTUNITY TO CONSIDER THE VIEWS EXPRESSED BY YOU AND POSSIBLY MODIFY ITS POSITION. THE AGENCY'S REPLY WAS BUT RECENTLY RECEIVED AND WE REGRET THAT WE MUST INFORM YOU THAT IT HAS NOT MODIFIED ITS FORMER STAND.
THE AGENCY AGAIN REPORTS THAT IT HAS REASON TO BELIEVE YOU HAD KNOWLEDGE OF YOUR IMPENDING SEPARATION FROM THE SERVICE PRIOR TO THE RECEIPT BY YOU ON DECEMBER 15, 1954, OF THE CERTIFIED COPY OF THE AGENCY'S LETTER OF NOVEMBER 4. THEREFORE, IT EXPRESSES THE VIEW THAT IT COULD NOT WITH PROPRIETY THEN AUTHORIZE OR NOW APPROVE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF YOUR WIFE WHO THEN WAS A FOREIGN NATIONAL AND WITH WHOM YOU ENTERED INTO MARRIAGE IMMEDIATELY PRIOR TO YOUR SEPARATION WITHOUT THE OFFICIAL APPROVAL REQUIRED BY THE REGULATIONS.
AS YOU KNOW, THE AUTHORIZATION OR APPROVAL OF TRANSPORTATION AT GOVERNMENT EXPENSE IS, BY REGULATIONS, DISCRETIONARY WITH THE AGENCY CONCERNED AND IN THE ABSENCE OF ACTION WHICH CLEARLY IS ARBITRARY OR CAPRICIOUS OUR OFFICE WILL NOT CHALLENGE AN ADMINISTRATIVE DETERMINATION IN THAT REGARD. WE CAREFULLY HAVE CONSIDERED THE MATTERS SET FORTH IN YOUR LETTER OF MARCH 15, 1958, AS WELL AS THOSE IN THE SEVERAL ADMINISTRATIVE REPORTS AND, IN VIEW OF ALL THE CIRCUMSTANCES, WE CONCLUDE THAT WE MAY NOT SUBSTITUTE OUR JUDGMENT FOR THAT OF THE AGENCY AS TO YOUR ENTITLEMENT TO REIMBURSEMENT FOR YOUR WIFE'S TRANSPORTATION. OUR DECISION OF JULY 30, 1957, THEREFORE, MUST BE AFFIRMED AND THE SETTLEMENT OF APRIL 2, 1957, SUSTAINED.
REGARDING THE ALLEGED ADMINISTRATIVE DELAY IN ISSUING APPROVAL TO YOU TO MARRY A FOREIGN NATIONAL, WE MUST ADVISE THAT WE HAVE NO JURISDICTION IN SUCH MATTERS.