B-110114, AUG 28, 1952

B-110114, AUG 28, 1952

PRECIS-UNAVAILABLE

CAPTAIN MAXWELL H. GORMAN, DC:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1952, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 7, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM LOS ANGELES, CALIFORNIA, TO FRANKFURT, GERMANY.

THE RECORD SHOWS THAT BY PARAGRAPH 33, SPECIAL ORDERS NO. 28, FEBRUARY 8, 1951, YOU WERE ORDERED TO ACTIVE DUTY FROM BROOKLYN, NEW YORK, AND ASSIGNED TO STUDENT DETACHMENT, MEDICAL SERVICE SCHOOL, BROOKS ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, FOR TEMPORARY DUTY; THAT BY PARAGRAPH 43, SPECIAL ORDERS NO. 59, DATED MARCH 26, 1951, YOU WERE ASSIGNED TO THE EUROPEAN COMMAND, BREMERHAVEN, GERMANY, WHERE BY PARAGRAPH 1, LETTER ORDERS A-5-25, DATED MAY 12, 1951, YOU WERE FURTHER ASSIGNED TO 130 STATION HOSPITAL, APO 403, HEIDELBERG, GERMANY, FOR DUTY; THAT YOUR DEPENDENTS (WIFE AND SON, AGE 1 YEAR) TRAVELED FROM BROOKLYN, NEW YORK, TO MONTEREY PARK, CALIFORNIA, JUNE 5 TO 14, 1951, THE MONETARY ALLOWANCE FOR WHICH WAS PAID BY THE DEPARTMENT OF THE ARMY; THAT THEY TRAVELED FROM LOS ANGELES, CALIFORNIA, TO FRANKFURT, GERMANY, SEPTEMBER 18 TO 22, 1951, BY AIR AT PERSONAL EXPENSE, AND THAT YOUR CLAIM FOR REIMBURSEMENT FOR SUCH TRAVEL WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATIONS APPARENTLY HAD NOT BEEN AUTHORIZED.

JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDE (PARAGRAPH 7008-1 AND 3) THAT UPON PERMANENT CHANGE OF STATION FROM A STATION WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES TO A STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES A MEMBER SHALL BE ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS; THAT WHEN THE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE NEW STATION WHEN THE MEMBER DEPARTS FROM HIS OLD STATION, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED FROM THE PLACE WHERE THE DEPENDENTS WERE LOCATED TO ANY PLACE IN THE UNITED STATES NOT TO EXCEED THE COST THERETO FROM THE OLD PERMANENT STATION, AND LATER FROM SUCH DESIGNATED PLACE TO THE OVERSEAS STATION; THAT (PARAGRAPH 7002- 1B) THE TRANSPORTATION OF DEPENDENTS TO OR FROM OVERSEAS STATIONS SHALL NOT BE OTHER THAN BY GOVERNMENT VESSELS IF AVAILABLE, AND THAT (PARAGRAPH 7003 1) A MEMBER WHO TRANSPORTS HIS DEPENDENTS AT OWN EXPENSE MAY BE PAID A MONETARY ALLOWANCE ON A MILEAGE BASIS FOR LAND TRAVEL REGARDLESS OF THE MODE OF TRANSPORTATION UTILIZED FOR SUCH LAND TRAVEL. SINCE IT APPEARS YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO YOUR OVERSEAS STATION AT THE TIME YOU DEPARTED AND SINCE YOU NOW HAVE FURNISHED EVIDENCE SHOWING THAT THEY WERE AUTHORIZED TO BE PRESENT AT YOUR STATION AS OF SEPTEMBER 14, 1951, YOU ARE ENTITLED TO A MONETARY ALLOWANCE FOR THEIR TRAVEL FROM LOS ANGELES, CALIFORNIA, TO NEW YORK, NEW YORK, NOT TO EXCEED FROM MONTEREY PARK, CALIFORNIA, TO NEW YORK, NEW YORK, AND FROM BREMERHAVEN, GERMANY, TO FRANKFURT, GERMANY. HOWEVER, REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL FROM NEW YORK TO BREMERHAVEN FOR THE REASON THAT A REPORT FURNISHED BY THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, SHOWS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS ABOARD THE GENERAL MAURICE ROSE ON SEPTEMBER 21, 1951, AND THE GENERAL A.M. PATCH ON SEPTEMBER 27, 1951.

A SETTLEMENT FOR THE AMOUNT FOUND DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.