B-131214, APR. 29, 1957

B-131214, APR. 29, 1957

TO MR. EDWARD M. MARSKI:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 14, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM LONDON, ENGLAND, TO NEW YORK, NEW YORK, FOLLOWING YOUR SERVICE AS CORPORAL, UNITED STATES ARMY.

THE RECORD SHOWS THAT YOU WERE MARRIED IN ENGLAND ON DECEMBER 18, 1943, WHILE STATIONED IN THAT COUNTRY; THAT YOU WERE DISCHARGED ON JUNE 20, 1945, AT CAMP EDWARDS, MASSACHUSETTS, APPARENTLY WITH THE RANK OF CORPORAL (FIFTH PAY GRADE), AND THAT YOUR WIFE TRAVELED FROM LONDON TO NEW YORK, JUNE 11 TO 13, 1945, BY COMMERCIAL AIR AT PERSONAL EXPENSE. IN THE SETTLEMENT MENTIONED ABOVE, IT WAS STATED THAT INFORMATION FURNISHED US BY THE DEPARTMENT OF THE ARMY INDICATES GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR ALL ELIGIBLE DEPENDENTS FOR TRAVEL FROM SOUTHHAMPTON, ENGLAND, TO NEW YORK, NEW YORK, DURING THE PERIOD HERE INVOLVED AND, THEREFORE, THAT REIMBURSEMENT FOR YOUR WIFE'S TRAVEL IS NOT AUTHORIZED. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT GOVERNMENT TRANSPORTATION WAS CANCELLED SHORTLY AFTER V-E DAY, FOR DEPENDENTS AND REQUEST VERIFICATION OF THE STATEMENT THAT IT WAS AVAILABLE FOR ELIGIBLE DEPENDENTS. ACCORDING TO OUR RECORDS, THAT STATEMENT IS CORRECT. THERE IS, HOWEVER, A MORE PERTINENT REASON WHY REIMBURSEMENT FOR YOUR WIFE'S TRAVEL IS NOT AUTHORIZED.

AT THE TIME HERE INVOLVED, THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL WAS GOVERNED BY LAW AND BY REGULATIONS PROMULGATED PURSUANT THERETO BY THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY). SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366 PROVIDES THAT WHEN ANY OFFICER, WARRANT OFFICER OR ENLISTED MAN IN THE FIRST THREE PAY GRADES, HAVING DEPENDENTS AS DEFINED IN SECTION FOUR OF THAT ACT, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION (OR REIMBURSEMENT IN LIEU THEREOF) TO HIS NEW STATION FOR SUCH DEPENDENTS, PROVIDED THAT THE TRANSPORTATION OF DEPENDENTS TO OR FROM OVERSEAS STATIONS SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT IF SUCH TRANSPORTATION IS AVAILABLE, AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED. THUS, UNDER THAT ACT, ENLISTED MEN WERE NOT ELIGIBLE FOR TRANSPORTATION (OR REIMBURSEMENT) FOR TRAVEL OF THEIR DEPENDENTS UNLESS THEY WERE SERVING IN THE FIRST THREE PAY GRADES. THE FIRST STATUTORY AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL FROM OVERSEAS STATIONS TO THE UNITED STATES "WITHOUT REGARD TO RANK OR GRADE" BY THE USE OF EITHER GOVERNMENT OR COMMERCIAL MEANS OF TRANSPORTATION WAS CONTAINED IN THE MILITARY APPROPRIATION ACT, 1946, 59 STAT. 384, 388, EFFECTIVE JULY 1, 1945. PURSUANT TO THAT ACT, WAR DEPARTMENT CIRCULAR NO. 245, DATED AUGUST 11, 1945, SET FORTH THE POLICY OF THE SECRETARY OF WAR FOR THE TRANSPORTATION OF DEPENDENTS OF MILITARY PERSONNEL "REGARDLESS OF RANK OR GRADE" FROM OVERSEAS STATIONS TO THE UNITED STATES "EFFECTIVE 1 JULY 1945.'

SINCE YOUR WIFE TRAVELED FROM ENGLAND TO THE UNITED STATES IN JUNE 1945, AND SINCE YOU APPARENTLY WERE NOT IN WHAT WAS THEN KNOWN AS THE FIRST THREE PAY GRADES OF ENLISTED SERVICE, THERE WAS NO AUTHORITY OF LAW FOR YOUR WIFE'S TRAVEL AT PUBLIC EXPENSE OTHER THAN BY GOVERNMENT TRANSPORT ON A SPACE AVAILABLE BASIS. THEREFORE, NOTWITHSTANDING THAT SUCH TRANSPORTATION MAY NOT HAVE BEEN AVAILABLE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.