B-121043, DEC. 31, 1956

B-121043: Dec 31, 1956

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USAF: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27. WHEREIN IT WAS HELD THAT THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF A TRAVEL ALLOWANCE IN LIEU OF TRANSPORTATION FOR CERTAIN TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS IN OCCUPIED GERMANY IN JUNE 1953. THE TRAVEL INVOLVED WAS PERFORMED UNDER ORDERS DATED MAY 6. WAS RENDERED UNDER THE ACT OF JULY 31. IN HIS OFFICIAL CAPACITY AS AN AUTHORIZED DISBURSING OFFICER OF THE GOVERNMENT AND WE ARE NOT REQUIRED OR AUTHORIZED TO REVIEW THE DECISION AT YOUR REQUEST. IT IS DEEMED APPROPRIATE TO ADVISE YOU WITH RESPECT TO YOUR RIGHTS IN THE MATTER. THEY ALSO AUTHORIZED TRAVEL BY RAIL AND BY MILITARY AIRCRAFT AND SPECIFIED THAT IF PRIVATELY OWNED CONVEYANCE WAS NOT USED THE TRAVEL TIME WOULD BE THE TIME REQUIRED BY COMMON CARRIER.

B-121043, DEC. 31, 1956

TO LIEUTENANT COLONEL DELBERT R. BELCHER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27, 1956, REQUESTING RECONSIDERATION OF OUR DECISION DATED OCTOBER 5, 1954, B-121043,WHEREIN IT WAS HELD THAT THERE IS NO AUTHORITY FOR THE PAYMENT TO YOU OF A TRAVEL ALLOWANCE IN LIEU OF TRANSPORTATION FOR CERTAIN TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS IN OCCUPIED GERMANY IN JUNE 1953, INCIDENT TO YOUR PERMANENT CHANGE OF STATION, AS AN OFFICER IN THE UNITED STATES AIR FORCE, FROM FLORENCE, ITALY, TO WIESBADEN, GERMANY. THE TRAVEL INVOLVED WAS PERFORMED UNDER ORDERS DATED MAY 6, 1953, AS AMENDED BY ORDERS DATED MAY 8, 1953.

THE DECISION OF OCTOBER 5, 1954, WAS RENDERED UNDER THE ACT OF JULY 31, 1894, 28 STAT. 208, AS AMENDED, 31 U.S.C. 74, TO MAJOR A. E. GATES, JR., IN HIS OFFICIAL CAPACITY AS AN AUTHORIZED DISBURSING OFFICER OF THE GOVERNMENT AND WE ARE NOT REQUIRED OR AUTHORIZED TO REVIEW THE DECISION AT YOUR REQUEST. VIEWING YOUR LETTER OF NOVEMBER 27, 1956, AS IN THE NATURE OF A CLAIM TO BE SETTLED BY OUR OFFICE, HOWEVER, IT IS DEEMED APPROPRIATE TO ADVISE YOU WITH RESPECT TO YOUR RIGHTS IN THE MATTER.

IT APPEARS THAT THE ORDERS INVOLVED RELIEVED YOU FROM ASSIGNMENT AND DUTY AT FLORENCE, ITALY, AND ASSIGNED YOU TO UNITED STATES AIR FORCES IN EUROPE, WIESBADEN, GERMANY, FOR DUTY, TO REPORT NOT LATER THAN JUNE 27, 1953, FOR PERMANENT CHANGE OF STATION. THEY AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE WITH THREE DAYS' TRAVEL TIME. THEY ALSO AUTHORIZED TRAVEL BY RAIL AND BY MILITARY AIRCRAFT AND SPECIFIED THAT IF PRIVATELY OWNED CONVEYANCE WAS NOT USED THE TRAVEL TIME WOULD BE THE TIME REQUIRED BY COMMON CARRIER. MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS ALSO WAS AUTHORIZED AND THE ORDERS INDICATED THAT ALL RAIL TRANSPORTATION WITHIN GERMANY WAS CHARGEABLE AGAINST OCCUPATION FUNDS.

AT THE TIME THE DECISION OF OCTOBER 5, 1954, WAS RENDERED, THERE WAS IN THE FILE YOUR LETTER OF OCTOBER 27, 1953, TO THE FINANCE OFFICER, 7100TH HEADQUARTERS SUPPORT WING, APO 633, UNITED STATES AIR FORCE, IN WHICH YOU STATED THAT THE TRAVEL WAS PERFORMED BY PRIVATELY OWNED AUTOMOBILE. YOU STATED ALSO THAT YOU WERE COGNIZANT OF THE PROVISIONS OF PARAGRAPH 2100 OF THE JOINT TRAVEL REGULATIONS, WHICH BAR PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL IN OCCUPIED COUNTRIES WHERE SUCH TRAVEL COULD BE PERFORMED AT NO EXPENSE TO THE GOVERNMENT OR THE TRAVELER, BUT THAT YOU BELIEVED SUCH REGULATIONS DID NOT BAR THE PAYMENT OF YOUR CLAIM SINCE TRAVEL DID NOT ORIGINATE WITHIN AN OCCUPIED AREA AND NO TRANSPORTATION REQUEST WAS AVAILABLE AT FLORENCE FOR TRAVEL AT NO EXPENSE TO THE GOVERNMENT OR YOURSELF. YOU STATED, FURTHER, THAT COST TO THE GOVERNMENT WOULD HAVE BEEN INVOLVED TO TRANSPORT YOUR DEPENDENTS AND YOURSELF TO WIESBADEN SINCE TRAVEL THROUGH ITALY WAS NOT FREE AND THAT NO FACILITIES EXISTED AT GERMAN BORDER HIGHWAY OR RAILROAD CROSSING POINTS FOR ISSUANCE OF TRANSPORTATION REQUESTS. YOU EXPRESSED THE OPINION THAT THE PROVISIONS OF PARAGRAPH 2100 WERE INTENDED TO APPLY ONLY IN THOSE CASES WHERE TRAVEL WAS ENTIRELY WITHIN OCCUPIED AREAS AND WHERE SUCH TRAVEL COULD NORMALLY BE PERFORMED FREE OF CHARGE, BUT THAT THEY DID NOT APPLY WHERE TRAVEL ORIGINATED OUTSIDE AN OCCUPIED AREA WHERE NO FREE TRANSPORTATION WAS AVAILABLE.

THE PAPERS ACCOMPANYING THE REQUEST FOR DECISION IN YOUR CASE DID NOT AFFIRM OR DENY YOUR CONTENTIONS. THEY DID INCLUDE, HOWEVER, A STATEMENT OF THE ASSISTANT DIRECTOR OF FINANCE, HEADQUARTERS UNITED STATES AIR FORCES IN EUROPE DISCLOSED THAT IT WAS NOT ADMINISTRATIVELY FEASIBLE TO PROVIDE FOR ISSUANCE OF TRANSPORTATION REQUESTS AGAINST OCCUPATION FUNDS TO COVER ALL TRAVEL STARTING IN ANOTHER COUNTRY AND TERMINATING IN OCCUPIED GERMANY. THERE WAS NO INDICATION, HOWEVER, THAT IT WAS NOT FEASIBLE TO PROVIDE FOR THE ISSUANCE OF A TRANSPORTATION REQUEST IN YOUR CASE NOR WAS THERE ANY SHOWING THAT, IN THE PERIOD WHICH ELAPSED BETWEEN THE DATE OF THE ORDERS AND THE DATE THE TRAVEL WAS PERFORMED, A TRANSPORTATION REQUEST COULD NOT HAVE BEEN OBTAINED. SINCE IT IS OUR VIEW THAT THE PROVISIONS OF SECTION 2100 OF THE JOINT TRAVEL REGULATIONS ARE FOR APPLICATION IN CASES SUCH AS YOURS, WHETHER OR NOT THE TRAVEL IS PERFORMED ENTIRELY WITHIN THE OCCUPIED COUNTRY, THE DISBURSING OFFICER WAS ADVISED THAT THERE IS NO AUTHORITY FOR THE PAYMENT OF THE TRAVEL ALLOWANCE CLAIMED BY YOU.

YOUR LETTER OF NOVEMBER 27, 1956, CONTAINS NO FACTS WHICH WERE NOT GIVEN MOST CAREFUL CONSIDERATION IN ARRIVING AT THE CONCLUSION IN THE DECISION OF OCTOBER 5, 1954. IT MERELY REITERATES THE CONTENTIONS PREVIOUSLY CONSIDERED AND STATES YOUR PERSONAL OPINION, WITHOUT ANY SUPPORTING FACTS, THAT OUR CONCLUSION IS ERRONEOUS. THE PRESENT RECORD FORMS NO BASIS FOR FURTHER CONSIDERATION OF THE MATTER. ACCORDINGLY, THE CONCLUSION STATED IN THAT DECISION IS ADHERED TO. ..END :

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