B-126899, MAR. 20, 1956
Highlights
THAT RECOMMENDATION WAS NOT ACTED UPON AND YOUR REQUEST WAS NOT APPROVED BY THE THEATER COMMANDER. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED. AUTHORIZE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES WHERE THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. IF SUCH TRANSPORTATION IS AVAILABLE. YOUR REQUEST FOR RETURN OF YOUR DEPENDENTS PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS NOT APPROVED. THE TRAVEL OF YOUR DEPENDENTS WAS UNAUTHORIZED. THEY WOULD HAVE QUALIFIED FOR AVAILABLE GOVERNMENT TRANSPORTATION AND REIMBURSEMENT WOULD NOT BE AUTHORIZED FOR COMMERCIAL OCEAN TRAVEL.
B-126899, MAR. 20, 1956
TO ROBERT H. BILLINGER, CWO, W-2 146 217:
YOUR LETTER OF DECEMBER 21, 1955, ACKNOWLEDGED BY OUR LETTER OF FEBRUARY 7, 1956, REQUESTS REVIEW OF SETTLEMENT DATED OCTOBER 19, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENT WIFE FROM PIRMASENS, GERMANY, TO VICKSBURG, MISSISSIPPI, DURING THE PERIOD JULY 11 TO 15, 1953.
THE RECORD SHOWS THAT ON JULY 2, 1953, WHILE STATIONED IN GERMANY, YOU REQUESTED AUTHORITY TO RETURN YOUR DEPENDENTS (WIFE AND MINOR SON) TO THE UNITED STATES AT GOVERNMENT EXPENSE BECAUSE OF YOUR WIFE'S ILLNESS. YOUR COMMANDING OFFICER RECOMMENDED TO HIGHER AUTHORITY THAT YOUR REQUEST BE APPROVED. HOWEVER, THAT RECOMMENDATION WAS NOT ACTED UPON AND YOUR REQUEST WAS NOT APPROVED BY THE THEATER COMMANDER. ON JULY 11, 1953, YOUR WIFE TRAVELED AT PERSONAL EXPENSE FROM PIRMASENS, GERMANY, TO VICKSBURG, MISSISSIPPI.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT IN LIEU THEREOF. IT FURTHER PROVIDES THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, THE SECRETARIES MAY, NEVERTHELESS, AUTHORIZE MOVEMENT OF DEPENDENTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES INCLUDING CIRCUMSTANCES WHERE THE MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. PARAGRAPH 7009, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT COMMANDING OFFICERS, WITH THE APPROVAL OF THE THEATER COMMANDER OR OTHER COMPETENT AUTHORITY, MAY, IN THE BEST INTEREST OF THE UNITED STATES AND UNDER UNUSUAL OR EMERGENCY CONDITIONS, AUTHORIZE THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS OF MEMBERS ON DUTY AT STATIONS OUTSIDE THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH MEMBERS FROM THEIR STATIONS. A FURTHER PROVISION IN THE REGULATION REQUIRES THE USE OF GOVERNMENT TRANSPORTATION FOR TRAVEL OF DEPENDENTS OF MILITARY PERSONNEL, IF SUCH TRANSPORTATION IS AVAILABLE.
UNDER THOSE REGULATIONS A RIGHT TO TRANSPORTATION OF DEPENDENTS PRIOR TO RECEIPT OF CHANGE OF STATION ORDERS DEPENDS UPON THE APPROVAL OF THE DESIGNATED MILITARY AUTHORITIES. UPON CONSIDERATION BY THE APPROPRIATE MILITARY AUTHORITIES OF THE VARIOUS CONDITIONS AND CIRCUMSTANCES SET FORTH IN YOUR APPLICATION, YOUR REQUEST FOR RETURN OF YOUR DEPENDENTS PRIOR TO THE ISSUANCE OF ORDERS RETURNING YOU TO THE UNITED STATES WAS NOT APPROVED. THEREFORE, THE TRAVEL OF YOUR DEPENDENTS WAS UNAUTHORIZED. THE TRAVEL OF YOUR DEPENDENTS HAD BEEN APPROVED, THEY WOULD HAVE QUALIFIED FOR AVAILABLE GOVERNMENT TRANSPORTATION AND REIMBURSEMENT WOULD NOT BE AUTHORIZED FOR COMMERCIAL OCEAN TRAVEL.
ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF OCTOBER 19, 1955, WAS CORRECT AND IS SUSTAINED.