B-175358, OCT 12, 1972

B-175358, OCT 12, 1972

MILITARY PERSONNEL - DEPENDENTS - NON-CONCURRENT TRAVEL DECISION ALLOWING IN PART THE CLAIM OF STAFF SERGEANT FERNAND J. PAULIN, USAF, FOR REIMBURSEMENT FOR TRAVEL OF HIS DEPENDENTS FROM NEW YORK, N.Y., TO MADRID, SPAIN. IF CONCURRENT TRAVEL OF DEPENDENTS IS DISAPPROVED DUE TO LACK OF SUFFICIENT QUARTERS AND THE TRAVEL DELAY ANTICIPATED IS TO BE MORE THAN 60 DAYS BUT LESS THAN 20 WEEKS, THEN THE MEMBER IS ENTITLED TO BE REIMBURSED IN THE AMOUNT OF THE COST TO THE GOVERNMENT OF MAC TRANSPORTATION FROM THE U.S. DEPARTURE POINT TO THE PERMANENT DUTY STATION, LESS THE COST OF MAC TRANSPORTAION ALREADY PROVIDED, BUT IN NO CASE GREATER THAN THE ACTUAL COST TO THE MEMBER.

TO SSGT. FERNAND J. PAULIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 16, 1972, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT OF OUR TRANSPORTATION AND CLAIMS DIVISION DATED JANUARY 24, 1972, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO MADRID, SPAIN.

SPECIAL ORDER NO. AA-1426, DATED MAY 7, 1969, AS AMENDED BY SPECIAL ORDER NO. AA-2299 DATED JULY 25, 1969, DIRECTED THE CHANGE OF YOUR PERMANENT DUTY STATION FROM PENTAGON, WASHINGTON, D.C., TO TUSLOG DET 63, TURKEY, EFFECTIVE OCTOBER 15, 1969. YOU STATED THAT SINCE YOUR WIFE DOES NOT DRIVE YOU DECIDED IT WOULD BE BEST FOR HER AND YOUR CHILDREN TO LIVE WITH HER PARENTS WHILE WAITING TO JOIN YOU IN TURKEY. YOU REQUESTED A TRANSPORTATION REQUEST FOR HER AND THE CHILDREN TO MADRID, SPAIN, BUT YOUR REQUEST WAS REFUSED. ON SEPTEMBER 29, 1969, YOU SENT THEM AT YOUR OWN EXPENSE TO MADRID FROM NEW YORK, NEW YORK. YOU ARRIVED AT YOUR NEW DUTY STATION ON OCTOBER 3, 1969. THEREAFTER, PURSUANT TO SPECIAL ORDER NO. TB- 282, DATED OCTOBER 13, 1969, YOUR DEPENDENTS TRAVELED FROM MADRID TO TURKEY BY MILITARY AIRLIFT COMMAND TRANSPORTATION ARRIVING ON NOVEMBER 12, 1969.

WHILE SPECIAL ORDER NO. AA-1426 SHOWS THAT YOU ELECTED AN ACCOMPANIED TOUR, THOSE ORDERS INDICATED THAT GOVERNMENT OR PRIVATE HOUSING WOULD NOT BE AVAILABLE WITHIN 20 WEEKS. ON THAT BASIS YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT UNDER PARAGRAPH M7005-2, ITEM 2, JOINT TRAVEL REGULATIONS, WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED AREA AND THE OLD DUTY STATION IS LOCATED IN THE UNITED STATES TRANSPORTATION OF DEPENDENTS IS AUTHORIZED ONLY TO THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER. YOUR NEW DUTY STATION IN TURKEY WAS DEEMED A RESTRICTED AREA UNDER THE DEFINITION CONTAINED IN PARAGRAPH M1150-17, JOINT TRAVEL REGULATIONS, THAT A RESTRICTED AREA IS AN AREA INTO WHICH THE ENTRY OF DEPENDENTS HAS BEEN PROHIBITED, TEMPORARILY OR PERMANENTLY, BY COMPETENT AUTHORITY.

WITH YOUR LETTER OF FEBRUARY 16, 1972, YOU FORWARDED A COPY OF TUSLOG DET 95 MESSAGE DATED JULY 31, 1969, WHICH DISAPPROVED CONCURRENT TRAVEL OF YOUR DEPENDENTS DUE TO EXTREMELY OVERCROWDED CONDITIONS OF TRANSIENT QUARTERS AND THE DIFFICULTIES ENCOUNTERED IN SETTING UP ECONOMY HOUSING AND ALSO STATED THAT ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS WAS MORE THAN 60 DAYS AND LESS THAN 20 WEEKS.

PARAGRAPH 3306F(3), AIR FORCE MANUAL 75-4M, DATED MARCH 12, 1969, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES THAT:

"(3) WHEN CONCURRENT TRAVEL IS AUTOMATIC, OR WHEN THE REPLY TO AN ADVANCE APPLICATION AUTHORIZES CONCURRENT TRAVEL OR INDICATES THERE IS A FORECAST FOR AVAILABILITY OF HOUSING (GOVERNMENT OR COMMUNITY) OF LESS THAN 20 WEEKS BEFORE DEPENDENTS MAY JOIN THE MEMBER AT HIS UNRESTRICTED PERMANENT OVERSEA DUTY STATION, BUT HE ELECTS TO MOVE HIS DEPENDENTS TO A DESIGNATED LOCATION AT PERSONAL EXPENSE, AND AFTER RECEIPT OF THE OVERSEA COMMANDER'S APPROVAL FOR ENTRY OF DEPENDENTS HE ELECTS TO HAVE THEM MOVED AT GOVERNMENT EXPENSE TO HIS CURRENT PERMANENT OVERSEA DUTY STATION, TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE MAY BE AUTHORIZED AFTER HIS ARRIVAL OVERSEAS. REIMBURSEMENT FOR SUCH A MOVE CANNOT EXCEED HIS ORIGINAL ENTITLEMENT FOR TRANSPORTATION OF DEPENDENTS FROM HIS OLD PERMANENT STATION TO HIS NEW PERMANENT STATION (SEE PARAGRAPH M7058, JTR)."

HENCE, ON THE BASIS OF THE PRESENT RECORD YOU ARE ENTITLED TO PAYMENT FOR TRAVEL TO A PLACE OTHER THAN YOUR NEW PERMANENT STATION NOT TO EXCEED THE COST TO THE GOVERNMENT OF TRAVEL FROM YOUR OLD STATION TO YOUR NEW STATION. WHILE YOU ARE NOT ENTITLED TO REIMBURSEMENT OF THE COST OF COMMERCIAL TRANSPORTATION CLAIMED, YOU ARE ENTITLED TO THE DIFFERENCE BETWEEN THE COST OF MILITARY AIRLIFT COMMAND TRANSPORTATION FROM NEW YORK, NEW YORK, TO YALOVA, TURKEY, LESS THE COST OF MILITARY AIRLIFT COMMAND TRANSPORTATION FROM MADRID, SPAIN, TO YALOVA, TURKEY, AS FURNISHED. ARE THIS DAY INSTRUCTING OUR TRANSPORTATION AND CLAIMS DIVISION TO ISSUE A SETTLEMENT ON THAT BASIS FOR THE AMOUNT FOUND TO BE DUE YOU.