B-123164, JUN. 15, 1955
Highlights
USN: REFERENCE IS MADE TO YOUR CLAIM DATED OCTOBER 1. YOUR PRESENT CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE DETACHED FROM DUTY AT ALAMEDA. SHE WAS ADVISED THAT TRANSPORTATION FOR HER AND TWO CHILDREN TO GUAM WAS AVAILABLE ON A GOVERNMENT VESSEL SAILING ON APRIL 10. TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. PROVIDES THAT TRAVEL OF DEPENDENTS TO AND FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL. ITS USE WILL NOT OCCASION A DELAY OF MORE THAN THIRTY DAYS AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION.'.
B-123164, JUN. 15, 1955
TO LIEUTENANT COMMANDER JOHN J. CAPORASO, USN:
REFERENCE IS MADE TO YOUR CLAIM DATED OCTOBER 1, 1954, FORWARDED HEREBY THE DEPARTMENT OF THE NAVY, FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS FROM LOMITA PARK, CALIFORNIA, TO GUAM, MARIANAS ISLANDS, BETWEEN MARCH 11 AND 13, 1952. SINCE AN IDENTICAL CLAIM PREVIOUSLY FILED BY YOU HAS BEEN DISALLOWED BY SETTLEMENT DATED AUGUST 27, 1953, YOUR PRESENT CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.
BY ORDERS DATED OCTOBER 29, 1951, YOU WERE DETACHED FROM DUTY AT ALAMEDA, CALIFORNIA, AND ASSIGNED TO DUTY IN GUAM, MARIANAS ISLANDS, WHERE YOU REPORTED ON JANUARY 14, 1952. BY LETTER FROM THE TRANSPORTATION OFFICE, 12TH NAVAL DISTRICT, SAN FRANCISCO, CALIFORNIA, DATED MARCH 8, 1952, ADDRESSED TO YOUR WIFE AT LOMITA PARK, CALIFORNIA, SHE WAS ADVISED THAT TRANSPORTATION FOR HER AND TWO CHILDREN TO GUAM WAS AVAILABLE ON A GOVERNMENT VESSEL SAILING ON APRIL 10, 1952, AND THAT IF SHE ACCEPTED SUCH OFFER OF TRANSPORTATION TO REPORT AT THE PORT FOR PROCESSING ON APRIL 9, 1952. YOUR WIFE AND TWO CHILDREN TRAVELED AT PERSONAL EXPENSE FROM LOMITA PARK, CALIFORNIA, TO GUAM BY COMMERCIAL AIR BETWEEN MARCH 11 AND 13, 1952.
TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MILITARY PERSONNEL IS GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 7002 1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT TRAVEL OF DEPENDENTS TO AND FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE, AND ITS USE WILL NOT OCCASION A DELAY OF MORE THAN THIRTY DAYS AS DETERMINED BY THE UNIFORMED SERVICE CHARGED WITH MAKING SUCH DETERMINATION.' SINCE NO ADMINISTRATIVE DETERMINATION OF NONAVAILABILITY OF GOVERNMENT TRANSPORTATION SUCH AS WOULD OCCASION A DELAY OF MORE THAN THIRTY DAYS IN THE TRAVEL OF YOUR DEPENDENTS WAS MADE, THERE IS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM.