B-122425, JUN. 8, 1955

B-122425, JUN. 8, 1955

TO MR. DANIEL R. SCHIMMEL:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED NOVEMBER 2, 1954, AND FEBRUARY 28, 1955, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED OCTOBER 1, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR WIFE'S TRAVEL FROM NEW YORK, NEW YORK, TO SOUTHAMPTON, ENGLAND, AND THENCE TO STANMORE, ENGLAND, COMMENCING JULY 24, 1953, WHILE YOU WERE SERVING AS A SECOND LIEUTENANT, UNITED STATES AIR FORCE RESERVE.

YOU STATE THAT PRIOR TO ARRANGING FOR YOUR WIFE'S TRAVEL TO JOIN YOU IN A "TOURIST STATUS" AT YOUR EXPENSE, YOU OBTAINED APPROVAL OF HEADQUARTERS THIRD AIR FORCE, WITH THE UNDERSTANDING THAT HER OVERSEAS STAY WOULD BE LIMITED TO A PERIOD NOT TO EXCEED SIX MONTHS. YOUR FURTHER SAY THAT WITHIN ONE WEEK AFTER HER ARRIVAL YOU WERE INFORMED THAT YOU WOULD RETURN TO THE UNITED STATES WITHIN ONE MONTH. YOU SEEM TO BE OF THE OPINION THAT IN THE CIRCUMSTANCES THE GOVERNMENT ENTERED INTO AN IMPLIED CONTRACT TO CONTINUE YOUR DUTY ASSIGNMENT IN ENGLAND FOR APPROXIMATELY SIX MONTHS OR REIMBURSE YOU FOR THE EXPENSES OF YOUR WIFE'S TRAVEL TO ENGLAND.

BY SPECIAL ORDERS NO. 204, DATED OCTOBER 27, 1952, HEADQUARTERS COMMAND, UNITED STATES AIR FORCE, BOLLING AIR FORCE BASE, WASHINGTON 25, D.C., YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT STATION AND ASSIGNED TO CAMP KILMER, NEW JERSEY, TO REPORT NOT LATER THAN DECEMBER 15, 1952, FOR FURTHER ASSIGNMENT TO THE UNITED STATES AIR FORCE IN EUROPE. IN YOUR LETTER OF MAY 10, 1955, YOU SAY THAT YOUR CLAIM IS BASED ON THE APPROVAL GIVEN IN SECOND INDORSEMENT DATED MAY 1, 1953, BY HEADQUARTERS THIRD AIR FORCE, APO 125, UNITED STATES AIR FORCE, WHICH STATES IN PART THAT "1. SIX (6) MONTH VISIT BY THE DEPENDENT OF 2ND LIEUTENANT DANIEL R. SCHIMMEL, AO2240156, IN A TOURIST STATUS, IS APPROVED.' YOU ALSO FURNISHED AN EXTRACT COPY OF PARAGRAPH 2, AIR FORCE LETTER NO. 34-103, DATED JUNE 3, 1952, WHICH STATES THAT DEPENDENTS ARE NOT NORMALLY PERMITTED TO TRAVEL WITH THEIR SPONSORS TO BASES OVERSEAS BUT UPON ARRIVAL AT OVERSEAS STATIONS AN OFFICER MAY APPLY FOR DEPENDENT TRAVEL AUTHORIZATION. THE SAME AIR FORCE LETTER PROVIDES IN PARAGRAPH 14A AS FOLLOWS:

"A. GENERAL. DEPENDENTS CHOOSING TO TRAVEL ON TOURIST PASSPORTS FOR THE PURPOSE OF VISITING THEIR SPONSORS AT OVERSEA BASES DO SO AS CIVILIAN TOURISTS, TRAVELING COMMERCIALLY AND AT NO EXPENSE TO THE GOVERNMENT. IS HIGHLY RECOMMENDED THAT DEPENDENTS ELECTING TO TRAVEL IN THE STATUS OF CIVILIANS FULLY INFORM THEIR SPONSORS OF THEIR PLANS BEFORE PERFORMING SUCH TRAVEL.'

ON THE BASIS OF AN APPLICATION MADE BY YOU, HEADQUARTERS THIRD AIR FORCE, BY SECOND INDORSEMENT DATED MAY 1, 1953, APPROVED A SIX-MONTH VISIT BY YOUR WIFE IN A "TOURIST STATUS.' IT FOLLOWS THAT UNDER THE PROVISIONS OF PARAGRAPH 14A, AIR FORCE LETTER NO. 34-103, YOUR WIFE'S TRAVEL TO ENGLAND FOR THE PURPOSE OF VISITING YOU WAS AS A CIVILIAN TOURIST AT NO EXPENSE TO THE GOVERNMENT. MOREOVER, PARAGRAPH 14H OF THE REGULATION PROVIDES THAT THE LENGTH OF VISIT MAY BE CHANGED WITHOUT NOTICE BY THE OVERSEAS COMMANDER. THE FACT THAT WHEN YOU WERE RETURNED TO THE UNITED STATES BY SPECIAL ORDERS NO. 163 DATED AUGUST 8, 1953, HEADQUARTERS, 7500 AIR BASE GROUP, APO 125, UNITED STATES AIR FORCE, FOR RELEASE FROM ACTIVE DUTY YOUR WIFE'S STATUS WAS CHANGED FROM TOURIST TO DEPENDENT AND HER RETURN TRAVEL WAS AT THE EXPENSE OF THE GOVERNMENT OPERATES IN NO WAY TO RELIEVE YOU OF THE EXPENSE OF HER TRAVEL TO THAT STATION. ACCORDINGLY, THERE IS NO PROPER BASIS FOR REIMBURSING YOU FOR THE COST OF YOUR WIFE'S TRAVEL FROM NEW YORK, NEW YORK, TO STANMORE, ENGLAND. WITH RESPECT TO YOUR CONTENTION THAT AN IMPLIED CONTRACT EXISTED, YOU MAY BE ADVISED THAT SINCE YOUR RELEASE FROM ACTIVE DUTY WAS PURSUANT TO LAW, THERE WAS NO OBLIGATION ON THE PART OF THE GOVERNMENT TO RETAIN YOU ON ACTIVE DUTY BEYOND THE DATE CITED IN YOUR ORDERS.