B-175293, OCT 30, 1972

B-175293: Oct 30, 1972

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PAYMENT IS AUTHORIZED BUT WILL NOT EXCEED THE DIFFERENCE BETWEEN THE LOWEST PRICED GOVERNMENT AIR TRANSPORTATION BETWEEN LITTLE ROCK AND MUNICH. EVANS: REFERENCE IS MADE TO YOUR LETTER REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR CLAIMS DIVISION. YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM LITTLE ROCK. NO PROVISION WAS INCLUDED FOR THE CONCURRENT TRAVEL OF YOUR DEPENDENTS. YOU STATE THAT YOU WERE INFORMED THAT IT WOULD TAKE AT LEAST NINETY DAYS FOR THE GOVERNMENT TO PROVIDE TRANSPORTATION FOR YOUR DEPENDENTS TO YOUR DUTY STATION IN GERMANY. WAS AT THIS POINT THAT YOU HAD YOUR DEPENDENTS TRAVEL FROM BELLOWS FALLS. WHICH WAS PAID ON VOUCHER NO. 800492. YOU CONTEND YOU INADVERTENTLY CERTIFIED THAT THIS TRAVEL WAS PERFORMED WITH THE INTENT OF ESTABLISHING A BONA FIDE RESIDENCE AT DESTINATION (BELLOWS FALLS).

B-175293, OCT 30, 1972

MILITARY PERSONNEL - OVERSEAS TRANSPORTATION OF DEPENDENTS - REIMBURSEMENT CONCERNING RECONSIDERATION OF THE SETTLEMENT WHICH DISALLOWED A CLAIM BY STAFF SERGEANT DAVID M. EVANS FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM BELLOWS FALLS, VT., TO MUNICH, GERMANY. THE DEPENDENT'S TRAVEL FROM LITTLE ROCK, ARK., TO BELLOWS FALLS, VT., INADVERTENTLY DECLARED THE PLACE OF RESIDENCE, DOES NOT OPERATE TO BAR PAYMENT FOR FURTHER TRAVEL TO CLAIMANT'S OVERSEAS STATION SINCE THE SHORT VISIT IN BELLOWS FALLS DOES NOT CONSTITUTE A BONA FIDE RESIDENCE. ACCORDINGLY, PAYMENT IS AUTHORIZED BUT WILL NOT EXCEED THE DIFFERENCE BETWEEN THE LOWEST PRICED GOVERNMENT AIR TRANSPORTATION BETWEEN LITTLE ROCK AND MUNICH, LESS THE AMOUNT PAID FOR DEPENDENT'S INITIAL TRAVEL TO BELLOWS FALLS.

TO SSGT. DAVID M. EVANS:

REFERENCE IS MADE TO YOUR LETTER REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR CLAIMS DIVISION, DATED AUGUST 5, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND 4 MINOR CHILDREN) FROM BELLOWS FALLS, VERMONT, TO MUNICH, GERMANY, ON FEBRUARY 9 AND 10, 1970.

BY SPECIAL ORDERS NO. 175, DATED NOVEMBER 26, 1969, AS AMENDED BY ORDERS DATED DECEMBER 3, 1969, YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM LITTLE ROCK, ARKANSAS, VIA AN OVERSEAS REPLACEMENT CENTER, FOR ASSIGNMENT TO DUTY IN GERMANY. DEPARTMENT OF THE ARMY SUPPLEMENTAL INSTRUCTIONS TO ORDERS, INCORPORATED BY REFERENCE INTO YOUR BASIC ORDERS, PROVIDED IN PERTINENT PART, AS FOLLOWS:

"25. CONCURRENT TRAVEL OF DEPENDENTS AUTHORIZED (AR 55-46)."

THE RECORD SHOWS THAT INCIDENT TO YOUR OVERSEAS TRANSFER, YOUR DEPENDENTS TRAVELED FROM LITTLE ROCK, ARKANSAS, TO BELLOWS FALLS, VERMONT, FOR THE STATED PURPOSE OF VISITING WITH YOUR WIFE'S PARENTS PENDING RECEIPT OF PORT CALL INSTRUCTIONS FOR TRANSPORTATION TO YOUR NEW DUTY STATION IN GERMANY. WHEN YOU RECEIVED YOUR PORT CALL INSTRUCTIONS, NO PROVISION WAS INCLUDED FOR THE CONCURRENT TRAVEL OF YOUR DEPENDENTS. YOU CONTEND, IN THIS CONNECTION, THAT DUE TO THE SHORTNESS OF TIME INVOLVED, YOUR APPLICATION FOR CONCURRENT TRAVEL OF DEPENDENTS HAD NOT BEEN FORWARDED TO AND APPROVED BY THE OVERSEAS COMMANDER. YOU STATE THAT YOU WERE INFORMED THAT IT WOULD TAKE AT LEAST NINETY DAYS FOR THE GOVERNMENT TO PROVIDE TRANSPORTATION FOR YOUR DEPENDENTS TO YOUR DUTY STATION IN GERMANY. WAS AT THIS POINT THAT YOU HAD YOUR DEPENDENTS TRAVEL FROM BELLOWS FALLS, VERMONT, TO MUNICH, GERMANY, ON FEBRUARY 9 AND 10, 1970, AT YOUR OWN EXPENSE.

AFTER YOUR ARRIVAL IN GERMANY, YOU SUBMITTED A CLAIM ON JANUARY 27, 1970, FOR THE TRAVEL OF YOUR DEPENDENTS FROM LITTLE ROCK, ARKANSAS, TO BELLOWS FALLS, VERMONT, AND PAYMENT OF A DISLOCATION ALLOWANCE. IN CONNECTION WITH THIS CLAIM, WHICH WAS PAID ON VOUCHER NO. 800492, YOU CONTEND YOU INADVERTENTLY CERTIFIED THAT THIS TRAVEL WAS PERFORMED WITH THE INTENT OF ESTABLISHING A BONA FIDE RESIDENCE AT DESTINATION (BELLOWS FALLS), AND THAT THE TRAVEL COVERED BY THAT CLAIM REPRESENTED THE ENTIRE TRAVEL OF YOUR DEPENDENTS ON THIS CHANGE OF STATION.

BY SETTLEMENT DATED AUGUST 5, 1971, YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION ON THE BASIS THAT THE SUBMISSION OF THE CLAIM FOR TRAVEL TO BELLOWS FALLS CONSTITUTED A WAIVER OF ADDITIONAL TRAVEL OF YOUR DEPENDENTS ON THIS CHANGE OF STATION. IN YOUR REQUEST FOR RECONSIDERATION YOU URGE THAT YOUR CLAIM BE HONORED ON THE BASIS THAT YOUR DEPENDENTS WOULD HAVE EVENTUALLY BEEN MOVED TO YOUR DUTY STATION IN GERMANY AT GOVERNMENT EXPENSE.

UPON RECONSIDERATION, WE HAVE CONCLUDED THAT YOUR APPLICATION FOR PAYMENT OF YOUR DEPENDENT'S TRAVEL TO BELLOWS FALLS AS A PLACE OF RESIDENCE SHOULD NOT OPERATE TO BAR PAYMENT FOR FURTHER TRAVEL TO YOUR OVERSEAS STATION, SINCE IT APPEARS FROM THE RECORD THAT THE TRAVEL TO VERMONT WAS ONLY FOR A SHORT VISIT WITH YOUR WIFE'S PARENTS UNTIL THE APPROPRIATE PORT CALL WAS ISSUED AND BELLOWS FALLS WAS INADVERTENTLY INDICATED AS A BONA FIDE RESIDENCE.

IT IS STATED IN PARAGRAPH 7 OF ARMY REGULATIONS 55-46 THAT IT IS THE DEPARTMENT OF THE ARMY POLICY TO DETER ENTRY INTO OVERSEAS AREAS OF DEPENDENTS WHOSE MILITARY SPONSORS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS BUT HAVE NOT BEEN ENDORSED BY THE OVERSEAS COMMANDER TO ACCOMPANY OR JOIN THEIR MILITARY SPONSORS OVERSEAS.

IT APPEARS FROM THE RECORD THAT YOUR DEPENDENTS WERE NOT INCLUDED IN YOUR PORT CALL BECAUSE OF YOUR FAILURE TO MAKE TIMELY APPLICATION TO THE OVERSEAS COMMANDER FOR APPROVAL FOR THEM TO ACCOMPANY YOU. HOWEVER, YOUR STATION WAS NOT A RESTRICTED STATION TO WHICH THE TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED AND APPROVAL FOR THEIR ENTRANCE WOULD HAVE BEEN GIVEN IN DUE COURSE PURSUANT TO YOUR APPLICATION. IN THESE CIRCUMSTANCES YOU ARE ENTITLED TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS NOT TO EXCEED THE COST BY THE MOST DIRECT ROUTE FROM YOUR OLD STATION TO YOUR NEW STATION, AS PROVIDED BY THE REGULATIONS.

SINCE TRAVEL OF YOUR DEPENDENTS WOULD HAVE BEEN BY MILITARY AIRLIFT COMMAND (MAC) OR CATEGORY Z TRANSPORTATION FOR THE TRANSOCEANIC TRAVEL, WE ARE INSTRUCTING OUR TRANSPORTATION AND CLAIMS DIVISION TO ALLOW YOUR CLAIM NOT IN EXCESS OF THE AMOUNT AUTHORIZED FOR DIRECT TRAVEL OF DEPENDENTS FROM LITTLE ROCK, ARKANSAS, TO MUNICH, GERMANY, USING THE LOWEST PRICED GOVERNMENT AIR TRANSPORTATION AVAILABLE FOR THE TRANSOCEANIC TRAVEL, LESS THE AMOUNT PAID FOR YOUR DEPENDENTS' INITIAL TRAVEL TO BELLOWS FALLS. SETTLEMENT ON THAT BASIS WILL ISSUE IN DUE COURSE.

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