B-114612, SEP 25, 1953

B-114612, SEP 25, 1953

PRECIS-UNAVAILABLE

ERNEST C. PARKS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1953, WITH ENCLOSURES, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' (WIFE AND MINOR SON, AGE 5) TRANSPORTATION FROM LANGDALE, ALABAMA, TO YOKOHAMA, JAPAN, IN OCTOBER AND NOVEMBER 1951.

IT APPEARS THAT FOLLOWING RECEIPT OF ORDERS OF JUNE 14, 1950, DIRECTING YOU TO PROCEED AND REPORT TO CAMP STONEMAN, CALIFORNIA, NOT LATER THAN SEPTEMBER 19, 1950, FOR TRANSPORTATION TO NEW PERMANENT STATION OVERSEAS, YOUR DEPENDENTS TRAVELED AT GOVERNMENT EXPENSE TO LANGDALE, ALABAMA, AS THE PLACE SELECTED BY YOU FOR THEIR RESIDENCE UNTIL AUTHORIZED TO JOIN YOU AT YOUR OVERSEAS STATION, WHERE THEY REMAINED UNTIL OCTOBER 12, 1951; THAT THE DEPARTMENT OF THE ARMY SUSPENDED TRAVEL OF DEPENDENTS TO JAPAN EFFECTIVE JULY 8, 1950, AND THAT YOUR DEPENDENTS JOINED YOU IN JAPAN IN NOVEMBER 1951, TRAVEL FROM LANGDALE TO YOKOHAMA BEING PERFORMED BY COMMERCIAL AIRCRAFT AND WATER TRANSPORTATION AT PERSONAL EXPENSE. THE CHIEF OF TRANSPORTATION HAS REPORTED THAT GOVERNMENT WATER TRANSPORTATION WAS AVAILABLE AT REGULAR INTERVALS FROM SEATTLE, WASHINGTON, TO YOKOHAMA AFTER OCTOBER 12, 1951.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT ALTHOUGH YOU APPLIED FOR PERMISSION FOR YOUR DEPENDENTS TO JOIN YOU AT YOUR NEW STATION, NO ORDERS WERE ISSUED AUTHORIZING THEIR TRAVEL TO JAPAN. YOU NOW HAVE SUBMITTED A COPY OF A DISPATCH FROM GENERAL HEADQUARTERS, FAR EAST COMMAND, DATED AUGUST 30, 1951, PRESUMABLY ISSUED AS A RESULT OF A REQUEST BY YOU FOR EARLY TRANSPORTATION OF YOUR DEPENDENTS, WHICH AUTHORIZED THEM TO ENTER JAPAN VIA COMMERCIAL TRANSPORTATION ON A NON REIMBURSABLE BASIS. SUCH LIMITED AUTHORIZATION EXPRESSLY PROVIDING THAT THE TRAVEL WOULD BE AT YOUR EXPENSE SERVED NO PURPOSE OTHER THAN TO GAIN FOR YOUR DEPENDENTS EARLIER ENTRY INTO JAPAN.

IT LONG HAS BEEN RECOGNIZED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS IS NOT AN ABSOLUTE ONE BUT MAY BE ADMINISTRATIVELY SUSPENDED OR DENIED FOR MILITARY REASONS, AND THAT WHERE TRANSPORTATION IS ADMINISTRATIVELY REFUSED BY REASON OF MILITARY NECESSITY OR EXPEDIENCY AN OFFICER MAY NOT TRANSPORT HIS DEPENDENTS AT PERSONAL EXPENSE AND BE PAID THE COST UNDER A STATUTE AUTHORIZING TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION. CULP V. UNITED STATES, 76 CT. CLS. 507. THE TRAVEL OF DEPENDENTS TO OVERSEAS STATIONS HAS BEEN STRICTLY CONTROLLED BY THE ARMY FOR MANY YEARS, THE PROCEDURE UNDER SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, BEING TO FURNISH ELIGIBLE PERSONNEL ORDERED TO OVERSEAS DUTY TRANSPORTATION FOR THEIR DEPENDENTS FROM OLD DUTY STATION TO A PLACE IN THE UNITED STATES, SELECTED BY THEM, TO AWAIT TRANSPORTATION TO THE OVERSEAS STATION AT THE PROPER TIME AND IN THEIR PROPER TURN UNDER AN ESTABLISHED PRIORITY SYSTEM. SINCE IT IS EVIDENT THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR DEPENDENTS OF MILITARY PERSONNEL ON DUTY IN JAPAN, AND WOULD HAVE BEEN FURNISHED YOUR DEPENDENTS UNDER THE PRIORITY SYSTEM HAD THEY AWAITED SUCH TRANSPORTATION, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR THE COST OF THEIR TRAVEL BY COMMERCIAL MEANS FROM SEATTLE TO YOKOHAMA. HOWEVER, SINCE YOU HAD PROCEEDED TO JAPAN ON PERMANENT CHANGE OF STATION AND YOUR DEPENDENTS LATER WERE PERMITTED TO JOIN YOU AT YOUR NEW STATION, YOU ARE ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS AS AUTHORIZED BY APPLICABLE REGULATIONS, FOR THE DISTANCE FROM LANGDALE TO SEATTLE, THE PLACE FROM WHICH GOVERNMENT WATER TRANSPORTATION WOULD HAVE BEEN FURNISHED.

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