B-120837, DEC. 14, 1961

B-120837, DEC. 14, 1961

TO CAPTAIN GERALD N. BURPEE, AUS, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6, 1961, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 31, 1961, B 120837, TO YOU, IN WHICH WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN SETTLEMENT DATED MAY 19, 1961. THE SETTLEMENT DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS--- (WIFE AND TWO CHILDREN) TRAVEL FROM PART OF DEBARKATION IN THE UNITED STATES TO CLEARWATER, FLORIDA, PRIOR TO YOUR ORDERS OF FEBRUARY 2, 1959.

IN YOUR PRESENT LETTER YOU SAY YOUR DEPENDENTS RESIDED IN CLEARWATER, FLORIDA, UNTIL YOUR RETURN FROM OVERSEAS, AND THEY TRAVELED WITH YOU FROM THERE TO YOUR NEW DUTY STATION AT FORT BENNING, GEORGIA. YOU SAY YOU DID NOT REQUEST REIMBURSEMENT FOR TRAVEL TO CLEARWATER BUT RATHER TO FORT BENNING AND THAT IS WHAT YOU RECEIVED. WHILE YOUR DEPENDENTS TRAVELED FROM THE PORT OF DEBARKATION TO CLEARWATER LONG PRIOR TO YOUR CHANGE OF STATION ORDERS, IT SEEMS TO BE YOUR VIEW THAT THE APPLICABLE REGULATIONS AND THE ORDERS AUTHORIZING THEIR TRAVEL TO THE UNITED STATES ONLY BARRED REIMBURSEMENT FOR THEIR TRAVEL BEYOND THE PORT OF DEBARKATION PRIOR TO YOUR RETURN TO THE UNITED STATES ON A PERMANENT CHANGE OF STATION BUT DID NOT RESTRICT REIMBURSEMENT FOR SUCH TRAVEL PRIOR TO YOUR TRANSFER SO LONG AS THE REIMBURSEMENT WAS NOT CLAIMED UNTIL AFTER SUCH TRANSFER.

ON MARCH 27, 1959, YOU SIGNED VOUCHER NO. 6959 IN THE MARCH 1959 ACCOUNTS OF MAJOR V. E. BESS, FC, SYMBOL NO. B5452, ON WHICH YOU WERE PAID THE SUM OF $171.36 FOR YOUR SON'S TRAVEL FROM CAMP ZAMA, JAPAN, TO CLEARWATER, FLORIDA, DURING THE PERIOD MAY 11 TO MAY 14, 1958, PAYMENT BEING RESTRICTED TO THE DISTANCE FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO COLUMBUS, GEORGIA. PAYMENT FOR YOUR WIFE AND DAUGHTER'S TRAVEL BETWEEN THOSE PLACES IN THE SUM OF $260.37 WAS MADE ON D.O. VOUCHER NO. 6960 IN THE SAME ACCOUNTS.

AS WE EXPLAINED IN OUR DECISION OF OCTOBER 31, 1961, PARAGRAPH 7009 3 OF THE JOINT TRAVEL REGULATIONS PROVIDED FOR THE ADVANCE RETURN OF DEPENDENTS FROM OVERSEAS STATIONS UNDER THE CIRCUMSTANCES THERE PRESCRIBED BUT REQUIRED THAT THE ORDERS AUTHORIZING SUCH TRAVEL LIMIT TRANSPORTATION "TO THE POINT OF DEBARKATION IN THE UNITED STATES.' ALSO, THE PARAGRAPH PROVIDED THAT UPON TRANSFER OF THE MEMBER TO A PERMANENT DUTY STATION IN THE UNITED STATES, TRANSPORTATION OF HIS DEPENDENTS WAS AUTHORIZED, IF OTHERWISE PROPER, AT NOT TO EXCEED THE ENTITLEMENT FROM THE PORT OF DEBARKATION TO THE NEW DUTY STATION. IN ACCORDANCE WITH THESE PROVISIONS THE ORDERS AUTHORIZED THE TRAVEL OF YOUR DEPENDENTS PROVIDED THAT "TRAVEL BY GOVERNMENT SPACE REQUIREMENT TRANSPORTATION FROM SERVICE MEMBER'S OVERSEAS DUTY STATION TO POD IN CONUS ONLY IS AUTHORIZED UNDER THE PROVISIONS OF PAR 7009-3, JOINT TRAVEL REGULATIONS. DEPENDENTS RETURNED TO CONUS UNDER THIS AUTHORITY WILL NOT BE ENTITLED TO FURTHER TRANSPORTATION AT GOVERNMENTS EXPENSE PRIOR TO PRINCIPAL'S RETURN TO CONUS ON PCS.' THUS UNDER THE PROVISIONS OF THE APPLICABLE REGULATIONS AND THE TERMS OF THE ORDERS AUTHORIZING THE TRAVEL OF YOUR DEPENDENTS, THEY WERE SPECIFICALLY LIMITED TO TRAVEL AT GOVERNMENT EXPENSE ONLY TO THE PORT OF DEBARKATION. TRAVEL BEYOND THE PORT OF DEBARKATION AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED PRIOR TO YOUR TRANSFER AND THE FACT THAT YOU DID NOT CLAIM REIMBURSEMENT FOR THEIR TRAVEL TO YOUR NEW STATION UNTIL AFTER YOUR ARRIVAL IS IMMATERIAL INSOFAR AS THE TRAVEL THAT HAD BEEN PERFORMED PRIOR TO YOUR ORDERED CHANGE OF STATION IS CONCERNED. ACCORDINGLY, WE HAVE NO ALTERNATIVE OTHER THAN TO AFFIRM OUR PRIOR ACTION IN THE MATTER.

WITH RESPECT TO YOUR STATEMENT IN YOUR LETTER THAT YOUR DEPENDENTS TRAVELED WITH YOU FROM CLEARWATER, FLORIDA, TO FORT BENNING, GEORGIA, INCIDENT TO YOUR ORDERS OF FEBRUARY 2, 1959, YOU ARE AGAIN ADVISED THAT YOUR CLAIM CONCERNING SUCH TRAVEL MAY BE FILED WITH OUR CLAIMS DIVISION. SUCH A CLAIM SHOULD SHOW WHEN THE TRAVEL WAS PERFORMED, THE DEPENDENTS WHO PERFORMED THE TRAVEL, AND WHETHER IT WAS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE AT YOUR DUTY STATION.

WE TRUST THIS LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY YOUR CLAIM WAS DISALLOWED AND HOW YOU MAY CLAIM REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL FROM CLEARWATER, FLORIDA, TO FORT BENNING, GEORGIA.