B-111292, NOV 7, 1952

B-111292, NOV 7, 1952

PRECIS-UNAVAILABLE

MR. EDWARD J. CRIST:

REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1952, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF JULY 8, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM VIENNA, AUSTRIA, TO NEW YORK, NEW YORK, WHILE SERVING AS TECHNICIAN THIRD GRADE, REGULAR ARMY.

THE RECORD SHOWS THAT YOU WERE MARRIED WHILE SERVING IN AUSTRIA, AND THAT PRIOR TO YOUR RETURN TO THE UNITED STATES YOUR DEPENDENTS (WIFE AND SON) WERE AUTHORIZED BY INVITATIONAL TRAVEL ORDERS DATED JANUARY 13, 1947, TO TRAVEL FROM VIENNA, AUSTRIA, TO A DESTINATION IN THE UNITED STATES, IT BEING STATED THEREIN THAT TRAVEL BY COMMERCIAL AIR TO NEW YORK, NEW YORK, WAS AUTHORIZED AT NO EXPENSE TO THE GOVERNMENT. YOUR DEPENDENTS TRAVELED FROM VIENNA, AUSTRIA, TO NEW YORK, NEW YORK, BY AIR, THENCE TO CHICAGO, ILLINOIS, BY RAIL, MARCH 8 TO 9, 1947, AT PERSONAL EXPENSE. YOUR CLAIM FOR REIMBURSEMENT WAS ALLOWED IN THE SUM OF $36.32 BY SETTLEMENT DATED JULY 8, 1952, SAID SUM REPRESENTING MILEAGE FOR THE RAIL TRAVEL FROM NEW YORK, NEW YORK, TO CHICAGO, ILLINOIS. REIMBURSEMENT FOR TRAVEL FROM VIENNA, AUSTRIA, TO NEW YORK, NEW YORK, WAS DENIED FOR THE REASON THAT IT WAS THE THEATER POLICY TO HAVE DEPENDENTS FROM AUSTRIA, TO BREMERHAVEN, GERMANY, BY MILITARY TRAIN FOR FURTHER MOVEMENT TO THE UNITED STATES, AND THAT THIS OFFICE HAD BEEN ADVISED THAT TRANSPORTATION FOR DEPENDENTS WAS AVAILABLE ABOARD THE USAT E. B. ALEXANDER WHICH SAILED FROM BREMERHAVEN ON MARCH 11, 1947. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT YOUR DEPENDENTS COULD NOT HAVE SAILED ON A TRANSPORT BECAUSE OF YOUR SON'S AGE AND PHYSICAL CONDITION, AND THAT GOVERNMENT AIR TRANSPORTATION WAS NOT AVAILABLE. ALSO, BY LETTER OF OCTOBER 22, 1952, YOU FURNISHED AN OFFICIAL REPORT OF THE BIRTH OF YOUR SON AT 110TH STATION HOSPITAL, VIENNA, AUSTRIA, ON OCTOBER 19, 1946, THEREBY ESTABLISHING THAT AT THE TIME OF TRAVEL HE WAS LESS THAN FIVE MONTHS OLD.

AT THE TIME HERE INVOLVED THE TRANSPORTATION OF DEPENDENTS FROM OVERSEAS STATIONS TO THE UNITED STATES WAS GOVERNED BY W. D. CIRCULAR 83, DATED MARCH 22, 1946. SAID CIRCULAR, WHICH AUTHORIZED THE TRAVEL OF DEPENDENTS TO THE UNITED STATES PRIOR TO THE RETURN OF THE PERSONNEL UPON WHOM DEPENDENT, REQUIRED THAT OCEAN TRAVEL OF DEPENDENTS BE BY GOVERNMENT TRANSPORT IF AVAILABLE, AND PROHIBITED THEIR TRANSPORTATION BY AIR AT GOVERNMENT EXPENSE UNLESS EXPRESSLY APPROVED BY THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY.) HOWEVER, IT WAS THE POLICY (LATER SET FORTH IN ADJUTANT GENERAL'S LETTER ACAM-PM 510 (24 JAN 47) DATED MAY 7, 1947) NOT TO ACCEPT DEPENDENTS WITH CHILDREN LESS THAN SIX MONTHS OF AGE ABOARD ARMY TRANSPORTS UNLESS HOSPITAL, DIETIC AND PEDIATRIC FACILITIES WERE AVAILABLE ABOARD SAID TRANSPORT. SUITABLE GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR YOUR DEPENDENTS TRAVEL FROM VIENNA TO BREMERHAVEN, GERMANY, BUT SINCE IT NOW APPEARS THEY WOULD NOT HAVE BEEN ACCEPTED FOR OCEAN TRAVEL ABOARD THE USAT E. B. ALEXANDER BECAUSE OF THE AGE OF YOUR SON AND THE APPARENT LACK OF FACILITIES FOR HIS CARE, YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM BREMERHAVEN, GERMANY, TO NEW YORK, NEW YORK. HOWEVER, SINCE TRAVEL BY AIR AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED, REIMBURSEMENT WILL BE LIMITED TO THE COST HAD THE GOVERNMENT FURNISHED SURFACE TRANSPORTATION ABOARD A COMMERCIAL VESSEL. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE. THE OFFICIAL REPORT OF YOUR SON'S BIRTH IS RETURNED HEREWITH AS REQUESTED.