B-150113, MAY 26, 1964

B-150113, MAY 26, 1964

TO MASTER SERGEANT JOHN C. ROBINSON:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 8, 1964, REQUESTING FURTHER REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES OF COMMERCIAL AIR TRANSPORTATION FOR YOUR DEPENDENTS FROM LONDON, ENGLAND, TO CHAMPAIGN, ILLINOIS, ON FEBRUARY 28 AND MARCH 1, 1962, WHICH CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 5, 1962.

IN OUR DECISION TO YOU DATED JANUARY 22, 1963, B-150113, WE SUSTAINED THE DISALLOWANCE. WE STATED THAT A POLICY HAD BEEN ESTABLISHED BY THE AIR FORCE TO DENY AUTHORIZED STATUS TO ANY DEPENDENT ACQUIRED BY MARRIAGE SUBSEQUENT TO NOVEMBER 27, 1961, TO A MILITARY MEMBER STATIONED IN WESTERN EUROPE, AND WE HELD THAT THE ORDERS OF JANUARY 22, 1962, WHICH AMENDED THE ORDERS OF JANUARY 2, 1962, BY PROVIDING THAT YOUR DEPENDENTS' TRAVEL WAS NOT AUTHORIZED BECAUSE THE DATE OF YOUR MARRIAGE WAS DECEMBER 16, 1961, WAS IN ACCORDANCE WITH THE POLICY AND REGULATIONS IN EFFECT AT THAT TIME. WE HELD FURTHER THAT ORDERS DATED MARCH 26, 1962, ISSUED AFTER TRAVEL HAD BEEN PERFORMED, WHICH PURPORTED TO REVOKE THE ORDERS OF JANUARY 22, 1962, WERE WITHOUT EFFECT TO CHANGE THE LEGAL RIGHTS TO TRAVEL ALLOWANCE WHICH VESTED AT THE TIME YOUR DEPENDENTS TRAVELED TO THE UNITED STATES. IN YOUR PRESENT LETTER YOU REQUEST RECONSIDERATION OF YOUR CLAIM IN VIEW OF THE PROVISIONS OF PUBLIC LAW 88-238, DATED DECEMBER 23, 1963, 77 STAT. 475.

SECTION 1 OF PUBLIC LAW 88-238 PROVIDES:

"* * * CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

"/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

" "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED

" "UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

" "/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

" "/2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'"

THE ACT PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES, IF OTHERWISE QUALIFIED, IS ENTITLED TO TRANSPORTATION ALLOWANCES FOR HIS DEPENDENTS WHEN TRAVEL IS PERFORMED BEFORE THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION THAT ARE LATER CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED, OR ARE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. WHEN THE MEMBER'S ORDERS ARE NOT CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO HIS OLD STATION OR MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION, OR WHEN NO TRAVEL IS PERFORMED UNDER SUCH ORDERS PRIOR TO CANCELATION, ETC., THE MEMBER IS NOT ENTITLED UNDER THE PROVISIONS OF THIS ACT TO ANY TRANSPORTATION ALLOWANCES. B-153654, MARCH 25, 1964, 43 COMP. GEN. - .

YOUR DEPENDENTS PERFORMED NO TRAVEL PRIOR TO THE MODIFICATION OF YOUR ORDERS ON JANUARY 22, 1961, AND, HENCE, EVEN IF IT COULD BE CONSIDERED THAT THEY WERE OTHERWISE QUALIFIED FOR TRANSPORTATION CONTRARY TO THE ANNOUNCED POLICY OF THE AIR FORCE TO DENY AN AUTHORIZED STATUS TO DEPENDENTS ACQUIRED BY MILITARY PERSONNEL STATIONED IN WESTERN EUROPE, THROUGH MARRIAGE, SUBSEQUENT TO NOVEMBER 27, 1961. THE PROVISIONS OF PUBLIC LAW 88-238 WOULD PROVIDE NO AUTHORITY FOR THE ADDITIONAL BENEFITS CLAIMED INCIDENT TO YOUR DEPENDENTS' TRAVEL.