B-118971, AUG 11, 1954

B-118971, AUG 11, 1954

PRECIS-UNAVAILABLE

CAPTAIN EDWIN E. BROWN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1954, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 7, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM LEICESTER, ENGLAND, TO TOKYO, JAPAN, BETWEEN JUNE 20 AND 24, 1952.

BY ORDERS DATED DECEMBER 3, 1951, AND APRIL 10, 1952, YOU WERE TRANSFERRED FROM DUTY AT MARCH AIR FORCE BASE, CALIFORNIA, TO TEMPORARY DUTY AT CHICAGO, ILLINOIS, AND THENCE TO DUTY IN JAPAN. SUCH ORDERS PROVIDED THAT YOUR DEPENDENTS COULD NOT ACCOMPANY YOU TO YOUR OVERSEAS STATION. BY HEADQUARTERS FIRST ARMY TRAVEL AUTHORIZATION OF DEPENDENTS, DATED JUNE 19, 1952, TO THE COMMANDING GENERAL, SEATTLE PORT OF EMBARKATION, YOUR DEPENDENTS (ADDRESS SHOWN AS NEW YORK, NEW YORK), AMONG OTHERS, WERE AUTHORIZED UPON CALL OF THE PORT COMMANDER TO PROCEED TO PORT OF EMBARKATION FOR FURTHER TRANSPORTATION TO TOKYO, JAPAN. THEIR NAMES SUBSEQUENTLY WERE DELETED BY A MODIFICATION OF SAID ORDERS UNDER DATE OF SEPTEMBER 15, 1952. YOU HAVE CERTIFIED THAT YOUR DEPENDENTS (WIFE AND INFANT SON) TRAVELED AT PERSONAL EXPENSE FROM MARCH AIR FORCE BASE, CALIFORNIA, TO NEW YORK, NEW YORK, AND THENCE TO LEICESTER, ENGLAND, BETWEEN DECEMBER 15, 1951, AND APRIL 5, 1952, AND FROM LEICESTER, ENGLAND, TO JAPAN, BETWEEN JUNE 20 AND 24, 1952. BY SETTLEMENT DATED JULY 3, 1953, YOU WERE ALLOWED $121.92 ON YOUR INITIAL CLAIM FOR TRAVEL OF DEPENDENTS FROM MARCH AIR FORCE BASE TO ENGLAND, COMPUTED ON A MILEAGE BASIS FOR THE DISTANCE FROM MARCH AIR FORCE BASE TO NEW YORK, NEW YORK. YOUR CLAIM FOR TRAVEL OF DEPENDENTS FROM LEICESTER, ENGLAND, TO JAPAN WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 7, 1953. IN YOUR PRESENT LETTER YOU INDICATE A BELIEF THAT YOU AT LEAST ARE ENTITLED TO ADDITIONAL REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS COMPUTED ON THE DISTANCE FROM NEW YORK, NEW YORK TO SEATTLE, WASHINGTON.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814 PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE STATUTE AUTHORIZES TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION, OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS, WITH A FURTHER PROVISION (PARAGRAPH 7008-3) THAT WHEN PERSONNEL ARE ASSIGNED TO DUTY OVERSEAS AND THEIR DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE OVERSEAS STATION AT THE SAME TIME, DEPENDENTS MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE PLACE WHERE THEY ARE LOCATED UPON RECEIPT OF CHANGE OF STATION ORDERS TO ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, NOT TO EXCEED THE COST FROM THE OLD PERMANENT STATION TO SUCH DESIGNATED PLACE, AND LATER FROM SUCH DESIGNATED PLACE TO THE MEMBER'S OVERSEAS STATION, BY WAY OF THE APPROPRIATE PORT OF EMBARKATION.

INCIDENT TO THE CHANGE OF STATION HERE INVOLVED YOUR DEPENDENTS DID NOT PERFORM TRAVEL TO A DESIGNATED PLACE IN THE UNITED STATES OR TO A TERRITORY OR POSSESSION THEREOF AS CONTEMPLATED BY THE REGULATIONS. THEY MERELY PASSED THROUGH NEW YORK, NEW YORK, ON THEIR WAY TO ENGLAND. HENCE, YOU ARE NOT ENTITLED TO REIMBURSEMENT AS FOR TRAVEL TO A DESIGNATED PLACE AND LATER FROM THAT PLACE TO YOUR OVERSEAS STATION. HOWEVER, SINCE THEY TRAVELED TO YOUR OVERSEAS STATION YOU BECAME ENTITLED TO REIMBURSEMENT FOR THE TRAVEL PERFORMED, NOT TO EXCEED TRAVEL FROM YOUR OLD PERMANENT STATION, MARCH AIR FORCE BASE, CALIFORNIA, TO SEATTLE PORT OF EMBARKATION, 1,357 MILES, COMPUTED ON A MILEAGE BASIS AT 6 CENTS PER MILE, OF $81.42. IT FOLLOWS THAT YOU WERE ENTITLED TO REIMBURSEMENT ONLY IN THE AMOUNT OF $81.42, INSTEAD OF THE AMOUNT OF $121.92 ALLOWED ON YOUR INITIAL CLAIM. THE RESULTING OVERPAYMENT OF $40.50 SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.