B-133434, OCT. 7, 1957

B-133434, OCT. 7, 1957

TO MR. LYLE F. JONES:

YOUR LETTER OF JULY 26, 1957, WITH ENCLOSURES, FORWARDED TO OUR OFFICE BY DEPARTMENT OF THE INTERIOR LETTER OF AUGUST 1, 1957, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF MAY 29, 1957, WHICH ALLOWED YOU $78.75 (AIRPLANE FARE $75, TAXI FARES $3.75 AT ANCHORAGE AND SEATTLE) COVERING THE ALLOWABLE COST OF RETURN TRANSPORTATION EXPENSES OF YOUR DEPENDENT WIFE FROM ANCHORAGE, ALASKA, TO SEATTLE, WASHINGTON, ON APRIL 19, 1956.

THE RECORDS SHOW THAT WHILE YOU WERE SERVING UNDER AN EMPLOYMENT AGREEMENT IN ANCHORAGE, ALASKA, YOUR WIFE BECAME ILL AND COULD NOT OBTAIN THE REQUIRED MEDICAL CARE IN ANCHORAGE AND IT WAS NECESSARY THAT SHE SHOULD BE RETURNED TO YOUR HOME IN DENVER, COLORADO, FOR PROPER MEDICAL CARE. THERE IS ON FILE A STATEMENT FROM DR. R. P. STARR, OF 423 D. STREET, ANCHORAGE, ALASKA, AND ATTENDING PHYSICIAN TO YOUR WIFE IN ALASKA, THAT ON APRIL 19, 1956, HE EXAMINED HER AND FOUND THAT SHE WAS REASONABLY AMBULATORY AND ABLE TO TRAVEL BY AIR. ALSO HE FOUND THAT HER CONDITION WAS SUCH THAT SHE MUST BE ACCOMPANIED BY AN ADULT DURING THE JOURNEY. WAS PLANNED THAT MRS. JONES STOP OFF IN SEATTLE FOR MEDICAL ATTENTION AND THEN CONTINUE ON TO GRAND JUNCTION, COLORADO, FOR ADDITIONAL CARE AND REST. SHE WAS NOT PHYSICALLY ABLE TO CONTINUE TRAVEL BEYOND SEATTLE AND DIED ONE WEEK AFTER ENTERING THE VIRGINIA MASON HOSPITAL IN THAT CITY. HER REMAINS WERE SHIPPED BY AIR THROUGH THE RAILWAY EXPRESS COMPANY TO GRAND JUNCTION FOR BURIAL. GRAND JUNCTION BEING NEARER SEATTLE THAN DENVER, YOUR OFFICIAL RESIDENCE FOR PURPOSES OF BENEFITS UNDER THE APPLICABLE LAWS AND REGULATIONS, THERE WOULD BE NO QUESTION AS TO THE AUTHORITY TO TRANSFER HER REMAINS TO THAT POINT. THE EXPENSES FOR THE TRANSPORTATION OF YOUR WIFE WERE INCURRED WITHOUT AUTHORITY; HOWEVER, SUCH TRANSPORTATION APPEARS SUBSEQUENTLY TO HAVE BEEN ADMINISTRATIVELY APPROVED BECAUSE THE PUBLIC INTEREST REQUIRED THE RETURN OF YOUR WIFE FOR COMPELLING PERSONAL REASONS OF A HUMANITARIAN NATURE.

TITLE VII OF EXECUTIVE ORDER NO. 9805, ADDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-4, DATED MAY 2, 1955, AUTHORIZES TRAVEL EXPENSES OF THE IMMEDIATE FAMILY OF AN EMPLOYEE (SERVING OVERSEAS) FOR RETURNING TO PLACE OF RESIDENCE BETWEEN TOURS OF OVERSEAS DUTY. SECTION 28 PROVIDES IN PART AS FOLLOWS:

"AN EMPLOYEE SHALL BE ALLOWED ONE-WAY TRANSPORTATION EXPENSES FOR RETURNING HIS IMMEDIATE FAMILY * * * FROM HIS POST OF DUTY OVERSEAS TO THE PLACE OF HIS ACTUAL RESIDENCE IN THE CONTINENTAL UNITED STATES * * * PRIOR TO THE EMPLOYEE'S RETURN THERETO (A) WHEN THE EMPLOYEE HAS ACQUIRED ELIGIBILITY FOR RETURN TRANSPORTATION BY SATISFACTORILY COMPLETING AN AGREED-UPON PERIOD OF SERVICE, OR (B) WHEN, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, IT IS DETERMINED THAT THE PUBLIC INTEREST REQUIRES THE RETURN OF THE IMMEDIATE FAMILY FOR COMPELLING PERSONAL REASONS OF A HUMANITARIAN OR COMPASSIONATE NATURE * * * OVER WHICH THE INDIVIDUAL HAS NO CONTROL. THESE EXPENSES * * * SHALL BE SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. * * *"

UNDER THE ABOVE-QUOTED REGULATIONS, YOU WOULD BE ENTITLED TO REIMBURSEMENT OF THE ALLOWABLE COST OF THE TRANSPORTATION OF YOUR DEPENDENT WIFE (ONE-WAY SINGLE FARE ONLY) BY PLANE FROM ANCHORAGE TO SEATTLE, PLUS APPLICABLE TAXICAB FARES AT ANCHORAGE AND SEATTLE. YOU HAVE BEEN REIMBURSED FOR THESE ALLOWABLE COSTS. THERE IS NO AUTHORITY BY WHICH OUR OFFICE MAY AUTHORIZE THE PAYMENT OF THE FARE OF AN ATTENDANT FOR THIS PORTION OF THE TRAVEL, NEITHER IS THERE AUTHORITY TO PAY EXTRA FARE FOR YOUR DEPENDENT WIFE OR THE AMBULANCE EXPENSES INCIDENT TO THE TRAVEL OF A DEPENDENT WHEN TRAVELING TO THE UNITED STATES FOR HUMANITARIAN REASONS.

THE AUTHORITY FOR THE PAYMENT OF EXPENSES INCIDENT TO THE TRANSPORTATION OF THE REMAINS OF THE DEPENDENTS OF AN EMPLOYEE OF THE UNITED STATES IS SPECIFICALLY PROVIDED FOR IN SECTION 7C OF THE ACT OF JULY 15, 1954, 68 STAT. 479, 5 U.S.C. 103C. SECTION 7C OF THAT ACT PROVIDES IN PART AS FOLLOWS:

"/C) IN THE CASE OF DEPENDENTS OF A CIVILIAN OFFICER OR EMPLOYEE WHO DIED WHILE RESIDING WITH SUCH CIVILIAN OFFICER OR EMPLOYEE PERFORMING OFFICIAL DUTIES AT A PLACE OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA OR WHILE IN TRANSIT THERETO OR THEREFROM, THE HEAD OF THE DEPARTMENT CONCERNED IS AUTHORIZED TO PAY THE NECESSARY EXPENSES INCURRED FOR THE TRANSPORTATION OF REMAINS TO SUCH PERSON'S HOME OR TO SUCH OTHER PLACE AS THE HEAD OF THE DEPARTMENT CONCERNED SHALL DETERMINE TO BE THE APPROPRIATE PLACE FOR INTERMENT. MORTUARY SERVICES AND SUPPLIES MAY BE FURNISHED, IF PRACTICABLE, BY THE DEPARTMENT CONCERNED IN RESPECT OF SUCH DEPENDENTS ON A REIMBURSABLE BASIS WHERE LOCAL COMMERCIAL MORTUARY FACILITIES AND SUPPLIES ARE NOT AVAILABLE * * "

THIS ACT AUTHORIZED THE INCURRING OF EXPENSES INCIDENT TO THE TRANSPORTATION OF THE REMAINS OF DEPENDENTS OF CIVILIAN EMPLOYEES OF THE UNITED STATES WHEN SUCH INDIVIDUALS DIE WHILE ABROAD OR WHILE IN A TRAVEL STATUS. YOU ARE, THEREFORE, ENTITLED TO REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF THE REMAINS OF YOUR WIFE FROM SEATTLE TO GRAND JUNCTION. SINCE THE RECORDS SHOW THAT THE REMAINS OF YOUR WIFE WERE TRANSPORTED FROM SEATTLE TO GRAND JUNCTION BY AIR AT A COST OF $98.32, A SETTLEMENT IN YOUR FAVOR WILL ISSUE FOR THAT AMOUNT IN REGULAR COURSE.

THE DIFFERENCE BETWEEN THE PLANE FARE BETWEEN ANCHORAGE AND SEATTLE CLAIMED AND THAT ALLOWED RESULTS FROM THE TAX DIFFERENCE OF $7.50 WHICH ACCORDING TO THE TARIFFS ON FILE IN OUR OFFICE WAS IN EFFECT ON THE DATE THE TRAVEL WAS PERFORMED. IF GOVERNMENT TRANSPORTATION REQUEST HAD BEEN USED BY YOU SUCH TAX WOULD NOT HAVE BEEN ASSESSABLE TO THE GOVERNMENT.

IF YOU WILL FURNISH AN ITEMIZED RECEIPT FROM THE UNDERTAKER SHOWING THE COST OF REMOVING THE REMAINS FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT, REMOVAL TO THE COMMON CARRIER, AND REMOVAL AT GRAND JUNCTION FROM THE COMMON CARRIER TO AN UNDERTAKING ESTABLISHMENT OR OTHER PLACE OF IMMEDIATE DELIVERY, FURTHER CONSIDERATION WILL BE GIVEN THAT PART OF YOUR CLAIM.