B-131712, AUG. 28, 1957

B-131712, AUG. 28, 1957

CAPTAIN RALPH PUCKETT, JR., USA:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION FOR YOUR DEPENDENTS FROM CAMP LOSEY, PUERTO RICO, TO COLUMBUS, GEORGIA, IN JUNE 1955.

THE QUESTION OF YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS HERE INVOLVED WAS CAREFULLY CONSIDERED ON YOUR REQUEST OF APRIL 20, 1957, AND YOU WERE FULLY INFORMED IN OUR DECISION TO YOU DATED JUNE 19, 1957, OF THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM.

IN YOUR PRESENT LETTER YOU SAY, IN SUBSTANCE, THAT YOU WERE FORCED TO VACATE YOUR QUARTERS AT CAMP LOSEY; THAT YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO COLUMBIA, SOUTH AMERICA; AND THAT ALTHOUGH YOUR DEPENDENTS PERFORMED THE TRAVEL PRIOR TO YOUR TRANSFER TO DUTY IN THE UNITED STATES SUCH TRAVEL WOULD HAVE BEEN AUTHORIZED AT GOVERNMENT EXPENSE INCIDENT TO YOUR TRANSFER AND THUS NO EXTRA TRAVEL WAS INVOLVED. ALSO, YOU SAY THAT "THE LETTER OF THE REGULATION IS CLEAR AND PREVENTS ME COLLECTING ON MY CLAIM.'

AS POINTED OUT IN OUR DECISION TO YOU DATED JUNE 19, 1957, SINCE THE ORDERS OF JUNE 6, 1955, AS AMENDED, DIRECTED YOU TO RETURN TO YOUR OLD PERMANENT STATION, CAMP LOSEY, PUERTO RICO, UPON THE COMPLETION OF THE SPECIFIED PERIOD OF TEMPORARY DUTY, NO RIGHT TO THE TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE ACCRUED TO YOU UNDER THOSE ORDERS. THE FACT THAT YOUR DEPENDENTS COULD HAVE TRAVELED FROM PUERTO RICO TO THE UNITED STATES AT GOVERNMENT EXPENSE INCIDENT TO YOUR SUBSEQUENT PERMANENT CHANGE OF STATION FROM PUERTO RICO TO FORT BENNING, GEORGIA, DOES NOT INCREASE YOUR RIGHTS IN THE MATTER. SEE PARAGRAPH 7000-11, JOINT TRAVEL REGULATIONS. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS ON THE BASIS OF APPLICABLE LAW AND REGULATIONS AND THUS HAS NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.