B-133733, MAR. 24, 1958
Highlights
KASPER: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15. THE QUESTION OF YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS HERE INVOLVED WAS CAREFULLY CONSIDERED ON YOUR REQUEST OF AUGUST 28. YOU WERE FULLY INFORMED IN OUR DECISION TO YOU DATED DECEMBER 17. IN YOUR PRESENT LETTER YOU SAY IN SUBSTANCE THAT YOUR TOUR OF DUTY IN IRAN WAS ACTUALLY COMPLETED ON AUGUST 24. WAS IN ERROR. FOR SUCH REASONS YOU URGE THAT YOUR DEPENDENTS WERE ENTITLED TO TRANSPORTATION ON A SPACE REQUIREMENT BASIS AND THAT YOUR CLAIM SHOULD BE ALLOWED. IT NOW APPEARS THAT YOUR TOUR OF DUTY IN IRAN WAS COMPLETED ON AUGUST 24. WERE ISSUED PRIOR TO THE TIME YOUR DEPENDENTS LEFT IRAN FOR THE UNITED STATES ON AUGUST 21.
B-133733, MAR. 24, 1958
TO COLONEL WILLIAM M. KASPER:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1958, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL TRANSPORTATION FOR YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO LEHAVRE, FRANCE, IN OCTOBER 1956.
THE QUESTION OF YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS HERE INVOLVED WAS CAREFULLY CONSIDERED ON YOUR REQUEST OF AUGUST 28, 1957, AND YOU WERE FULLY INFORMED IN OUR DECISION TO YOU DATED DECEMBER 17, 1957, B-133733, OF THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM.
IN YOUR PRESENT LETTER YOU SAY IN SUBSTANCE THAT YOUR TOUR OF DUTY IN IRAN WAS ACTUALLY COMPLETED ON AUGUST 24, 1956; THAT THE ORDERS OF AUGUST 18, 1956, ASSIGNED YOU TO A TOUR OF DUTY IN PARIS, FRANCE, IN EXCESS OF 18 MONTHS; AND THAT THE REFERENCE IN PARAGRAPH 5 OF THE ORDERS TO CATEGORY 11, PARAGRAPH 3A, CHANGE 1, ARMY REGULATIONS 55-107, AUTHORIZING THE TRAVEL OF YOUR DEPENDENTS FROM THE UNITED STATES TO FRANCE ON A SPACE AVAILABLE BASIS ONLY, WAS IN ERROR. FOR SUCH REASONS YOU URGE THAT YOUR DEPENDENTS WERE ENTITLED TO TRANSPORTATION ON A SPACE REQUIREMENT BASIS AND THAT YOUR CLAIM SHOULD BE ALLOWED.
IT NOW APPEARS THAT YOUR TOUR OF DUTY IN IRAN WAS COMPLETED ON AUGUST 24, 1956. THE ORDERS OF AUGUST 18, 1956, ASSIGNING YOU TO A TOUR OF DUTY IN PARIS, FRANCE, APPARENTLY IN EXCESS OF 18 MONTHS, WERE ISSUED PRIOR TO THE TIME YOUR DEPENDENTS LEFT IRAN FOR THE UNITED STATES ON AUGUST 21, 1956. THUS SUCH ORDERS SERVED AS A BASIS FOR YOUR DEPENDENTS' TRAVEL FROM IRAN TO PARIS AT GOVERNMENT EXPENSE AND THEIR ADVANCE TRAVEL TO THE UNITED STATES MUST BE REGARDED AS HAVING BEEN PERFORMED IN CONNECTION WITH THE NEW TOUR OF DUTY DIRECTED IN THE ORDERS OF AUGUST 18, 1956. SINCE YOUR DEPENDENTS WERE NOT AUTHORIZED TO TRAVEL FROM THE UNITED STATES TO FRANCE AT GOVERNMENT EXPENSE IN THE CIRCUMSTANCES NOW SHOWN, THE ORDERS OF AUGUST 18, 1956, PROPERLY AUTHORIZED THEIR TRAVEL BY GOVERNMENT VESSEL ON A SPACE AVAILABLE BASIS. THE FACT THAT THE ORDERS OF AUGUST 18, 1956, MAY HAVE ERRONEOUSLY REFERRED TO CATEGORY 11, PARAGRAPH 3A, CHANGE 1, ARMY REGULATIONS 55-107, MAY NOT BE CONSIDERED AS A BASIS FOR THE PAYMENT OF YOUR CLAIM, SINCE YOUR DEPENDENTS WERE OTHERWISE ENTITLED TO TRAVEL FROM THE UNITED STATES TO FRANCE BY GOVERNMENT VESSEL ON A SPACE AVAILABLE BASIS ONLY.
ACCORDINGLY, OUR DECISION TO YOU DATED DECEMBER 17, 1957, B-133733, IS AFFIRMED.