B-147914, JAN. 30, 1962
Highlights
PELKA: FURTHER REFERENCE IS MADE TO THE LETTER ADDRESSED TO THE PRESIDENT OF THE UNITED STATES BY YOUR WIFE IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF THIS OFFICE DATED AUGUST 25. WHILE YOU WERE SERVING IN THE ARMY. THE RECORD INDICATES YOU WERE MARRIED IN JULY 1951 AND THAT IN THE SAME MONTH YOU WERE TRANSFERRED FROM THE UNITED STATES TO DUTY OVERSEAS UNDER ORDERS WHICH WERE ISSUED TO YOU AS A CORPORAL (E-4) WITH FOUR YEARS' SERVICE. YOU WERE PROMOTED TO SERGEANT (E-5) BY PARAGRAPH 3. IT APPEARS FROM YOUR WIFE'S LETTER THAT FOLLOWING YOUR PROMOTION YOU REQUESTED AN AUTHORIZATION FOR HER TRAVEL TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE AND WHEN THE REQUEST WAS DENIED SHE TRAVELED AT PERSONAL EXPENSE.
B-147914, JAN. 30, 1962
TO MR. JOHN H. PELKA:
FURTHER REFERENCE IS MADE TO THE LETTER ADDRESSED TO THE PRESIDENT OF THE UNITED STATES BY YOUR WIFE IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF THIS OFFICE DATED AUGUST 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR HER TRAVEL FROM FAIRMONT, WEST VIRGINIA, TO LEGHORN, ITALY, APRIL 1 TO 4, 1952, WHILE YOU WERE SERVING IN THE ARMY.
THE RECORD INDICATES YOU WERE MARRIED IN JULY 1951 AND THAT IN THE SAME MONTH YOU WERE TRANSFERRED FROM THE UNITED STATES TO DUTY OVERSEAS UNDER ORDERS WHICH WERE ISSUED TO YOU AS A CORPORAL (E-4) WITH FOUR YEARS' SERVICE. YOU WERE PROMOTED TO SERGEANT (E-5) BY PARAGRAPH 3, SPECIAL ORDERS NO. 24, DATED JANUARY 31, 1952, WHILE SERVING OVERSEAS. IT APPEARS FROM YOUR WIFE'S LETTER THAT FOLLOWING YOUR PROMOTION YOU REQUESTED AN AUTHORIZATION FOR HER TRAVEL TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE AND WHEN THE REQUEST WAS DENIED SHE TRAVELED AT PERSONAL EXPENSE. APPARENTLY YOU ARE UNDER THE IMPRESSION THAT UPON YOUR PROMOTION TO SERGEANT (E-5) YOU BECAME ENTITLED TO TRANSPORTATION FOR YOUR WIFE FROM THE UNITED STATES TO YOUR OVERSEAS STATION AND DO NOT UNDERSTAND WHY, IF YOU WERE NOT ENTITLED TO TRANSPORTATION FOR YOUR WIFE TO ITALY, SHE SUBSEQUENTLY WAS FURNISHED TRANSPORTATION FROM ITALY TO THE UNITED STATES UPON YOUR RETURN.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS. PARAGRAPH 7000-1 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, PROVIDES THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED FOR ENLISTED MEMBERS IN PAY GRADES E-4 WITH LESS THAN SEVEN YEARS' SERVICE, E-3, E-2 AND E-1. THUS, BOTH A CERTAIN GRADE AND PERMANENT CHANGE OF STATION ORDERS ARE REQUIRED TO AUTHORIZE TRAVEL OF A DEPENDENT AT GOVERNMENT EXPENSE. SINCE YOU WERE SERVING IN PAY GRADE E-4 WITH FOUR YEARS' SERVICE WHEN YOU WERE ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM THE UNITED STATES TO AN OVERSEAS LOCATION, YOU WERE NOT ENTITLED TO TRANSPORTATION FOR YOUR WIFE AT GOVERNMENT EXPENSE. YOUR SUBSEQUENT PROMOTION TO PAY GRADE E-5 DID NOT IN ITSELF ENTITLE YOU TO SUCH TRANSPORTATION SINCE NO PERMANENT CHANGE OF STATION WAS INVOLVED AFTER YOUR PROMOTION. THEREFORE, THERE WAS NO AUTHORITY FOR YOUR WIFE'S TRAVEL TO YOUR OVERSEAS STATION AT GOVERNMENT EXPENSE AND THERE IS NO BASIS ON WHICH REIMBURSEMENT MAY BE AUTHORIZED FOR TRAVEL PERFORMED AT PERSONAL EXPENSE.
WHILE THE FACTS RELATING TO YOUR WIFE'S RETURN TRAVEL FROM ITALY TO THE UNITED STATES ARE NOT PERTINENT TO YOUR CLAIM AND, THEREFORE, ARE NOT OF RECORD, SINCE YOU WERE HONORABLY DISCHARGED WITH THE RANK OR SERGEANT (E- 5), IT IS ASSUMED THAT YOU WERE SERVING IN THAT PAY GRADE WHEN YOU WERE ORDERED TO RETURN TO THE UNITED STATES ON A PERMANENT CHANGE OF STATION AND THAT HER TRAVEL WAS AUTHORIZED INCIDENT TO THOSE ORDERS.
SINCE THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF AUGUST 25, 1955, IS SUSTAINED.