B-152245, MAR. 9, 1964

B-152245, MAR. 9, 1964

TO MAJOR PAUL H. SAINIO, USA (RETIRED):

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1964, AND ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED SEPTEMBER 12, 1963, B-152245, WHICH SUSTAINED THE DENIAL BY OUR CLAIMS DIVISION OF YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR YOUR DEPENDENTS' TRAVEL FROM PITTSBURGH, PENNSYLVANIA, TO SAN FRANCISCO, CALIFORNIA, AND REFUND OF $721.71 COLLECTED AS EXCESS COSTS FOR SHIPMENT OF YOUR HOUSEHOLD GOODS FROM BROOKLYN, NEW YORK, TO OAKLAND, CALIFORNIA, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

IT WAS EXPLAINED TO YOU IN DETAIL IN THE DECISION OF SEPTEMBER 12, 1963, WHY WE WERE UNABLE TO GIVE YOUR CLAIM FAVORABLE CONSIDERATION. AS A BASIS FOR FURTHER CONSIDERATION OF THE MATTER, YOU SUBMIT DOCUMENTS CONCERNING THE SERIOUS ILLNESS OF YOUR MOTHER AND THE NEED OF YOUR SON FOR SPECIAL THERAPY AND TRAINING, YOUR FAILURE OF SELECTION FOR PROMOTION,NOTWITHSTANDING THE COMMENDATIONS WHICH YOU HAD RECEIVED, AND YOUR EFFORTS TO OBTAIN A TERMINAL ASSIGNMENT TO YOUR HOME AREA SO YOU WOULD BE ABLE TO CARE FOR YOUR MOTHER AND SON. YOU URGE IN SUBSTANCE THAT IN SUCH CIRCUMSTANCES, THE FAILURE OF THE ARMY TO ISSUE YOU PROPER TRAVEL ORDERS TO YOUR HOME AREA AND THE EARLY TRAVEL OF YOUR DEPENDENTS TO THAT AREA WHERE THEY COULD HAVE TRAVELED TO THE AREA AT GOVERNMENT EXPENSE HAD THEY AWAITED YOUR RETIREMENT ORDERS, SHOULD NOT DEFEAT YOUR ENTITLEMENT TO THE TRAVEL AND TRANSPORTATION ALLOWANCES CLAIMED.

THE MATTERS PRESENTED BY YOU AS A BASIS FOR RECONSIDERING YOUR CLAIM WERE ALL TAKEN INTO CONSIDERATION IN THE PRIOR ACTION ON YOUR CASE AND, AS POINTED OUT IN THE DECISION OF SEPTEMBER 12, 1963, THE GOVERNING REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT OF TRAVEL AND TRANSPORTATION COSTS ON THE BASIS OF SUCH MATTERS. ACCORDINGLY, WHILE WE UNDERSTAND AND APPRECIATE YOUR FEELINGS, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE CONCLUSIONS REACHED IN THAT DECISION.