B-136139, MAY 29, 1958

B-136139, MAY 29, 1958

TO MR. JACK D. HOVIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 22, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 3, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM PORT OF ENTRY IN THE UNITED STATES TO ROCK HILL, SOUTH CAROLINA, APRIL 11 TO 13, 1957, WHILE YOU WERE SERVING AS SERGEANT FIRST CLASS, REGULAR ARMY.

BY LETTER ORDERS NO. 4-5, DATED APRIL 8, 1957, YOUR DEPENDENTS (WIFE AND INFANT DAUGHTER) WERE AUTHORIZED TO PROCEED FROM KARLSRUHE TO FRANKFURT, GERMANY, FOR TRANSPORTATION BY AIR TO THE UNITED STATES, IT BEING SPECIFICALLY PROVIDED THAT "TRAVEL IS AUTHORIZED TO PORT OF DEBARKATION IN CONUS ONLY.' SIX MONTHS LATER BY LETTER ORDERS NO. 1C 10, DATED OCTOBER 7, 1957, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT KARLSRUHE AND RETURNED TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY, IT BEING SHOWN THAT YOUR HOME IS ROCK HILL, SOUTH CAROLINA. YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM THE PORT OF DEBARKATION TO ROCK HILL WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO YOUR PERMANENT CHANGE OF STATION ORDERS. IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT THE REGULATIONS UNDER WHICH YOUR DEPENDENTS TRAVELED CONTAINED NO SUCH RESTRICTION. ALSO, YOU REQUEST THAT THE PAPERS PERTAINING TO THE CLAIM BE RETURNED TO YOU IF POSSIBLE.

YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION FROM YOUR OVERSEAS STATION TO THE UNITED STATES UNDER ORDERS CITING AS AUTHORITY PARAGRAPH 7009-3 OF THE JOINT TRAVEL REGULATIONS. THAT PARAGRAPH PROVIDES THAT UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES A MEMBER SERVING ON PERMANENT DUTY AT A STATION OUTSIDE THE CONTINENTAL UNITED STATES MAY REQUEST THE RETURN OF HIS DEPENDENTS TO THE UNITED STATES PRIOR TO THE ISSUANCE OF ORDERS FOR HIS RETURN TO THE UNITED STATES, AND THAT COMMANDING OFFICERS MAY ISSUE ORDERS AUTHORIZING THE ADVANCE RETURN OF DEPENDENTS TO THE UNITED STATES PROVIDED THAT THE ORDER SPECIFICALLY LIMITS TRANSPORTATION TO THE PORT OF DEBARKATION IN THE UNITED STATES. IT FURTHER PROVIDES THAT UPON COMPLETION OF THE CURRENT OVERSEAS TOUR OF DUTY AND "TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS" TO ANOTHER OVERSEAS DUTY STATION FOR AN ADDITIONAL TOUR OF DUTY OF AT LEAST 18 MONTHS' DURATION, OR TO A DUTY STATION IN THE CONTINENTAL UNITED STATES, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS AUTHORIZED IF OTHERWISE PROPER, AT NOT TO EXCEED ENTITLEMENT FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO THE NEW DUTY STATION. UNDER THAT REGULATION, THERE WAS NO AUTHORITY FOR TRAVEL OF YOUR DEPENDENTS AT PUBLIC EXPENSE BEYOND THE PORT OF ENTRY IN THE UNITED STATES UNTIL SUCH TIME AS YOU WERE ISSUED PERMANENT CHANGE OF STATION ORDERS. YOUR NEXT PERMANENT CHANGE OF STATION ORDERS WERE THE ORDERS OF OCTOBER 7, 1957, RETURNING YOU TO THE UNITED STATES FOR RELEASE FROM ACTIVE DUTY. UPON RECEIPT OF THESE ORDERS, HAD YOUR DEPENDENTS NOT BEEN AT YOUR HOME THEIR TRAVEL AT PUBLIC EXPENSE WOULD HAVE BEEN AUTHORIZED TO YOUR HOME AT NOT TO EXCEED THE COST FROM THE PORT TO YOUR HOME. SINCE YOUR DEPENDENTS WERE AT YOUR HOME WHEN THE ORDERS WERE ISSUED, NO TRAVEL WAS AUTHORIZED INCIDENT TO THE ORDERS AND NONE WAS PERFORMED.

SINCE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, THE SETTLEMENT OF APRIL 3, 1958, WAS CORRECT AND IS SUSTAINED.

THE PAPERS RELATING TO YOUR CLAIM CONSTITUTE THE PERMANENT RECORD UPON WHICH ACTION OF THIS OFFICE WAS BASED AND MAY NOT BE RETURNED TO YOU. THERE ARE RETURNED HEREWITH, HOWEVER, THE EXTRA COPIES OF THE ORDERS OF APRIL 8 AND OCTOBER 7, 1957.