B-111541, OCT 24, 1952

B-111541, OCT 24, 1952

PRECIS-UNAVAILABLE

THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER DATED JULY 15, 1952, AND FOLLOWUP LETTER DATED SEPTEMBER 11, 1952, FROM THE CLAIMS DIVISION, OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE ARMY, FILE JAGD/D-353109 (NELSON, ROBERT A.), REQUESTING INFORMATION CONCERNING MR. NELSON'S CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR TRAVEL PERFORMED BY HIS DEPENDENT (WIFE) WHILE HE WAS A CIVILIAN EMPLOYEE OF THE WAR DEPARTMENT, AND REQUESTING AN EXPRESSION OF VIEWS ON H.R. 7286, 82D CONGRESS.

BY 8TH INDORSEMENT DATED FEBRUARY 14, 1951, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT TWO CLAIMS EXECUTED BY MR. NELSON FOR REIMBURSEMENT OF EXPENSES INCURRED FOR TRAVEL OF HIMSELF AND WIFE DURING DECEMBER 1946 FROM PARIS FRANCE, TO LEXINGTON, MASSACHUSETTS. THE RECORD SHOWS THAT BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 4, 1951, MR. NELSON WAS ALLOWED THE SUM OF $171.14, OF WHICH $165 REPRESENTED THE CONSTRUCTIVE COST OF HIS TRANSPORTATION FROM LEHAVRE, FRANCE, TO NEW YORK, NEW YORK, VIA GOVERNMENT VESSEL, AND THE BALANCE, OR $6.14, COVERED THE CONSTRUCTIVE COST OF HIS WIFE'S RAIL TRAVEL FROM NEW YORK CITY TO LEXINGTON, MASSACHUSETTS, INCLUDING TAX. THE SUM CLAIMED FOR DEPENDENT'S OCEAN TRANSPORTATION WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS NOT REQUESTED AND THE RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE APPARENTLY WAS WAIVED FOR PERSONAL REASONS.

IT IS NOTED THAT THE JUDGE ADVOCATE GENERAL'S OFFICE HAS BEEN REQUESTED TO PREPARE A REPORT TO THE CHAIRMAN, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, ON THE ABOVE MENTIONED BILL, H.R. 7286, 82D CONGRESS, ENTITLED "A BILL FOR THE RELIEF OF ROBERT A. NELSON." THE BILL WOULD AUTHORIZE THE SECRETARY OF THE TREASURY TO PAY THE SUM OF $250 TO THE SAID ROBERT A. NELSON IN FULL PAYMENT OF ALL CLAIMS AGAINST THE UNITED STATES FOR TRAVEL OF HIS WIFE FROM LEHAVRE, FRANCE, TO NEW YORK, NEW YORK, IN DECEMBER 1946. THIS IS TO ADVISE THAT UPON FURTHER REVIEW OF MR. NELSON'S FILE AND AFTER A CAREFUL EXAMINATION OF THE LAW AND REGULATIONS RELATING TO THE TRANSPORTATION OF DEPENDENTS FROM POINTS ABROAD (INCLUDING WAR DEPARTMENT CIRCULAR NO. 83, DATED MARCH 22, 1946), IT HAS BEEN CONCLUDED THAT HE IS ENTITLED TO $165, REPRESENTING THE CONSTRUCTIVE COST OF GOVERNMENT SURFACE TRANSPORTATION FROM LEHAVRE, FRANCE, TO THE NEW YORK PORT OF DEBARKATION. INSTRUCTIONS HAVE BEEN ISSUED TODAY DIRECTING THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, TO ALLOW THE SUM HEREIN INDICATED AND A SUPPLEMENTAL SETTLEMENT FOR THE AMOUNT DETERMINED TO BE DUE WILL ISSUE AS SOON AS PRACTICABLE. THERE IS NO INFORMATION AVAILABLE IN THIS OFFICE INDICATING THE EMPLOYEE'S RIGHT TO OBTAIN ANY SUM IN EXCESS OF THE $165 FOR HIS WIFE'S TRAVEL FROM LEHAVRE TO NEW YORK.