B-116169, OCT 15, 1953

B-116169, OCT 15, 1953

PRECIS-UNAVAILABLE

COLONEL ARTHUR L. IMMAN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1953, AND ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 13, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND DAUGHTER, AGE TWO) AND TRANSPORTATION OF AN AUTOMOBILE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, TERRITORY OF HAWAII, BY COMMERCIAL VESSEL BETWEEN THE DATES AUGUST 16 AND 20, 1950, INCIDENT TO ORDERS TRANSFERRING YOU FROM FORT MCNAIR, WASHINGTON, D. C., TO HICKAM FIELD, TERRITORY OF HAWAII, FOR DUTY.

BY DEPARTMENT OF THE ARMY MESSAGE WAR 85304 DATED JULY 8, 1950, ALL TRAVEL OF DEPENDENTS TO THE PACIFIC DESTINATIONS WAS SUSPENDED EFFECTIVE JULY 15, 1950, DUE TO THE KOREAN CONFLICT. THIS RESTRICTION ON TRAVEL OF DEPENDENTS WAS NOT REMOVED UNTIL SEPTEMBER 21, 1950. DURING THE PERIOD THE SUSPENSION WAS IN EFFECT THERE WAS NO AUTHORITY FOR TRAVEL OF DEPENDENTS FROM THE UNITED STATES TO PACIFIC DESTINATIONS AT GOVERNMENT EXPENSE. WHILE ON JULY 20, 1950, HEADQUARTERS 1500TH AIR TRANSPORT WING, MILITARY AIR TRANSPORT SERVICE, APO-953, IN ISSUING INSTRUCTIONS (MAT 510) THAT IN COMPLIANCE WITH DA RADIO WAR 85304, JULY 8, 1950, ALL ACTION WOULD IMMEDIATELY BE SUSPENDED ON APPLICATIONS FOR TRAVEL OF DEPENDENTS TO HAWAII, STATED THAT THERE WAS NO OBJECTION TO OFFICERS AND AIRMEN TRANSPORTING THEIR DEPENDENTS TO HONOLULU "BY COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT," SUCH STATEMENT IS WITHOUT EFFECT TO NOW AUTHORIZE REIMBURSEMENT FOR TRAVEL OF DEPENDENTS PERFORMED THEREUNDER AT PERSONAL EXPENSE.

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 REIMBURSEMENT FOR TRAVEL OF DEPENDENTS UPON PERMANENT CHANGE OF STATION. CULP V. UNITED STATES, 76 C. CLS. 507. SINCE YOUR DEPENDENTS TRAVELED FROM SAN FRANCISCO TO HAWAII AT A TIME WHEN TRANSPORTATION OF DEPENDENTS TO PACIFIC DESTINATIONS AT GOVERNMENT EXPENSE WAS PROHIBITED BY REASON OF MILITARY EXPEDIENCY, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF THE COST OF SUCH TRAVEL IRRESPECTIVE OF WHETHER GOVERNMENT TRANSPORTATION WAS OR WAS NOT AVAILABLE.

AN AUTOMOBILE DOES NOT CONSTITUTE A PART OF HOUSEHOLD EFFECTS AS DEFINED IN PARAGRAPH 1, EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, AUTHORIZED TO BE MOVED AT PUBLIC EXPENSE UPON AN ORDERED CHANGE OF STATION. WHILE SHIPMENT THEREOF BY MEANS OF GOVERNMENT OWNED, CONTROLLED OR OPERATED VESSEL, ON A SPACE AVAILABLE BASIS, MAY BE PERMISSIBLE WHEN DULY APPROVED, PAYMENT OF ANY COMMERCIAL COST OF TRANSPORTATION OF SUCH A VEHICLE IS NOT AUTHORIZED. HENCE, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR AUTOMOBILE FROM SAN FRANCISCO TO HONOLULU.

ACCORDINGLY, THE SETTLEMENT OF APRIL 13, 1953, IS SUSTAINED.