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B-123153, JUL. 27, 1955

B-123153 Jul 27, 1955
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THAT CLAIM WAS ALLOWED IN THE AMOUNT OF $131.28 BY SETTLEMENT DATED DECEMBER 8. THE SETTLEMENT WAS SUSTAINED BY DECISION DATED MAY 17. REIMBURSEMENT FOR TRAVEL FROM TOKYO TO SEATTLE WAS DENIED ON THE BASIS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THAT PART OF THE TRIP. YOU REITERATE YOUR STATEMENT THAT PRIOR TO OBTAINING COMMERCIAL TRANSPORTATION YOU CONTACTED THE TRANSPORTATION OFFICE AND WERE ADVISED THAT GOVERNMENT TRANSPORTATION WOULD NOT BE AVAILABLE TO YOUR DEPENDENTS FOR 60 TO 90 DAYS. TO YOU) IS TO THE EFFECT THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE TO CONTINENTAL UNITED STATES UPON PROPER APPLICATION FOR ALL ELIGIBLE DEPENDENTS OF MILITARY PERSONNEL ORDERED TO KOREA FROM JAPAN DURING THE PERIOD IN QUESTION.

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B-123153, JUL. 27, 1955

TO MR. ERWIN J. SARLEY:

YOUR LETTER OF JUNE 7, 1955, RELATES TO YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND MINOR CHILD, AGE 4) BY COMMERCIAL AIR FROM TOKYO, JAPAN, TO CHICAGO, ILLINOIS, IN OCTOBER 1952. THAT CLAIM WAS ALLOWED IN THE AMOUNT OF $131.28 BY SETTLEMENT DATED DECEMBER 8, 1954, AND THE SETTLEMENT WAS SUSTAINED BY DECISION DATED MAY 17, 1955, B-123153. THERE HAS ALSO BEEN REFERRED HERE YOUR LETTER DATED JUNE 8, 1955, WITH ENCLOSURES, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES.

THE AMOUNT ALLOWED ON YOUR CLAIM COVERED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SEATTLE, WASHINGTON, TO CHICAGO. REIMBURSEMENT FOR TRAVEL FROM TOKYO TO SEATTLE WAS DENIED ON THE BASIS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THAT PART OF THE TRIP. YOU REITERATE YOUR STATEMENT THAT PRIOR TO OBTAINING COMMERCIAL TRANSPORTATION YOU CONTACTED THE TRANSPORTATION OFFICE AND WERE ADVISED THAT GOVERNMENT TRANSPORTATION WOULD NOT BE AVAILABLE TO YOUR DEPENDENTS FOR 60 TO 90 DAYS. THE PAPERS SUPPORTING YOUR CLAIM CONTAIN NO INFORMATION TENDING TO CONFIRM OR REFUTE YOUR STATEMENT THAT YOU RECEIVED SUCH ADVICE. HOWEVER, A REPORT DATED APRIL 26, 1955, FROM THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY (QUOTED IN THE DECISION OF MAY 17, 1955, TO YOU) IS TO THE EFFECT THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE TO CONTINENTAL UNITED STATES UPON PROPER APPLICATION FOR ALL ELIGIBLE DEPENDENTS OF MILITARY PERSONNEL ORDERED TO KOREA FROM JAPAN DURING THE PERIOD IN QUESTION. THE REPORT ALSO RELATES THAT IF YOUR WIFE'S CONDITION WAS SUCH AS TO WARRANT IMMEDIATE MOVEMENT, SHE COULD HAVE BEEN MEDICALLY EVACUATED UPON RECOMMENDATION OF THE MEDICAL INSTALLATION RENDERING TREATMENT.

FACTS ADMINISTRATIVELY REPORTED ARE PRESUMED TO BE CORRECT IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THAT PRESUMPTION AND IT LONG HAS BEEN THE RULE OF OUR OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE AS TO QUESTIONS OF FACT. IF YOU WERE NOT CORRECTLY ADVISED OF YOUR RIGHT TO MAKE PROPER APPLICATION FOR GOVERNMENT TRANSPORTATION OF YOUR DEPENDENTS, SUCH FACT DOES NOT PERMIT OUR OFFICE TO DISREGARD THE FACTS AS REPORTED BY THE DEPARTMENT OF THE ARMY. IT IS WELL ESTABLISHED THAT, IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS, THE UNITED STATES IS NOT LIABLE FOR THE NEGLIGENT ACTIONS OF ITS OFFICERS, AGENTS, OR EMPLOYEES, EVEN THOUGH COMMITTED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. COMP. GEN. 503.

THE MERITS OF YOUR CLAIM AND THE LEGAL PRINCIPLES APPLICABLE TO IT WERE FULLY CONSIDERED AT THE TIME THE DECISION OF MAY 17, 1955, WAS WRITTEN AND YOUR RECENT LETTERS CONTAIN NO MATERIAL INFORMATION OR FACTS WHICH WOULD WARRANT ANY MODIFICATION OF THE CONCLUSION REACHED.

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