B-155222, FEB. 11, 1965

B-155222, FEB. 11, 1965

TO MRS. SUMIE THOMAS:

FURTHER REFERENCE IS MADE TO YOUR CLAIM AS THE WIDOW OF THE LATE WILLIAM RALPH THOMAS, A1C, AF 1237 9344, FOR REIMBURSEMENT OF THE COST OF YOUR TRAVEL AND THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM DUNDEE, NEW YORK, TO FUKUOKA, JAPAN, IN SEPTEMBER 1963.

THE RECORDS SHOW THAT BY SPECIAL ORDER A-9, DATED FEBRUARY 11, 1963, UNITED STATES AIR FORCE HOSPITAL TACHIKAWA (PACAF), YOUR LATE HUSBAND WAS RELIEVED FROM THAT HOSPITAL AND WAS ASSIGNED TO THE UNITED STATES AIR FORCE HOSPITAL, TRAVIS AIR FORCE BASE, CALIFORNIA, FOR FURTHER HOSPITALIZATION, TREATMENT AND DISPOSITION, AND BY SPECIAL ORDER T-189, DATED FEBRUARY 6, 1963, HEADQUARTERS, 6143RD AIR BASE GROUP (PACAF), YOU WERE AUTHORIZED AS HIS DEPENDENT TO PROCEED TO TACHIKAWA AIR BASE, JAPAN, FOR A SCHEDULED FLIGHT BY MILITARY AIRCRAFT TO THE UNITED STATES AIR FORCE HOSPITAL, TRAVIS AIR FORCE BASE, DEPARTING FEBRUARY 15, 1963. ON FEBRUARY 15, 1963, DATE OF ARRIVAL OF YOUR HUSBAND AT THE UNITED STATES AIR FORCE HOSPITAL, TRAVIS AIR FORCE BASE, SPECIAL ORDER 46 WAS PUBLISHED ASSIGNING HIM TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., FOR FURTHER HOSPITALIZATION, WITH DEPARTURE DATE OF FEBRUARY 16, 1963. THE REPORT OF CASUALTY DATED MAY 3, 1963, DISCLOSES THAT YOUR HUSBAND DIED AT WALTER REED GENERAL HOSPITAL ON APRIL 19, 1963.

IT IS FURTHER SHOWN BY THE RECORDS THAT IMMEDIATELY PRIOR TO YOUR HUSBAND'S HOSPITALIZATION AT WALTER REED GENERAL HOSPITAL YOU WERE RESIDING AT 137-1 KAMIMUTA-MACHI, FUKUOKA, KYUSHU, JAPAN, AND THAT AT THE TIME OF SUCH HOSPITALIZATION YOU RESIDED AT 6918 6TH STREET, N.W., WASHINGTON, D.C. ON APRIL 28, 1963, OR 9 DAYS AFTER YOUR HUSBAND'S DEATH, YOU LEFT WASHINGTON AND ARRIVED ON THE FOLLOWING DAY AT THE HOME OF YOUR FATHER-IN-LAW, REVEREND WILLIAM H. THOMAS, 9 HARPENDING AVENUE, DUNDEE, NEW YORK. YOU APPLIED FOR REIMBURSEMENT OF THE TRAVEL EXPENSES INVOLVED AND ON AUGUST 28, 1963, YOU WERE PAID THE SUM OF $19.44, REPRESENTING A MONETARY ALLOWANCE COMPUTED AT THE RATE OF 6 CENTS PER MILE FOR THE DISTANCE OF 324 MILES. UNDER THE AUTHORITY OF THE ABOVE-MENTIONED ASSIGNMENT ORDERS OF FEBRUARY 11, 1963, YOUR HUSBAND'S HOUSEHOLD GOODS, WEIGHING 904 POUNDS, WERE SHIPPED AT GOVERNMENT EXPENSE FROM ITAZUKE AIR BASE, KYUSHUM, JAPAN, WITH DESTINATION SHOWN AS TRAVIS AIR FORCE BASE, CALIFORNIA. HOWEVER, THE HOUSEHOLD GOODS WERE PLACED IN TEMPORARY STORAGE MARCH 11, 1963, SHORTLY AFTER ARRIVAL IN THE UNITED STATES AND PURSUANT TO YOUR REQUEST ON MAY 21, 1963, THEY WERE SHIPPED ON JULY 15, 1963, TO DUNDEE. THEREAFTER YOU ENGAGED A MOVING AND STORAGE FIRM IN GENEVA, NEW YORK, TO ARRANGE FOR THE SHIPMENT OF THE IDENTICAL HOUSEHOLD GOODS TO FUKUOKA, JAPAN. YOU PAID THIS FIRM THE SUM OF $428.50 ON SEPTEMBER 4, 1963. ALSO, YOU RETURNED TO FUKUOKA BY BRITISH OVERSEAS AIRWAYS CORPORATION ON A FLIGHT SCHEDULED FOR DEPARTURE ON SEPTEMBER 6, 1963, FROM ELMIRA, NEW YORK, FOR WHICH YOU PAID THE SUM OF $604.40.

PARAGRAPH 8351 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 406 (F) (1958 ED., SUPP. V) AND IN EFFECT ON THE DATE OF YOUR HUSBAND'S DEATH, PROVIDED FOR MOVEMENT OF THE HOUSEHOLD EFFECTS OF A DECEASED MEMBER FROM THE LAST DUTY STATION, OR PLACE TO WHICH SUCH GOODS WERE LAST SHIPPED AT GOVERNMENT EXPENSE, OR BOTH, TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO. PARAGRAPH 7010 OF THOSE REGULATIONS PROVIDED FOR THE MOVEMENT OF THE DEPENDENTS OF A DECEASED MEMBER AT GOVERNMENT EXPENSE TO ANY PLACE THEY MAY DESIGNATE.

UNDER THE ABOVE REGULATIONS THE DEPENDENT OF A DECEASED MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL AND TO THE MOVEMENT OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO THE PLACES NAMED IN THE REGULATIONS. HOWEVER, UNDER THE REGULATIONS (PARAGRAPHS 7152-2 AND 8352-3 OF THE JOINT TRAVEL REGULATIONS) ONLY ONE MOVEMENT OF THE SAME HOUSEHOLD GOODS AND ONLY ONE MOVEMENT FOR ANY DEPENDENT IS AUTHORIZED IN CONNECTION WITH EACH OFFICIAL CASUALTY STATUS REPORT. HENCE, ANY EXPENSE INCURRED IN A SECOND MOVEMENT MAY NOT BE CHARGED TO THE GOVERNMENT.

THE RECORD SHOWS THAT YOU LIVED AT THE DUNDEE ADDRESS FROM APRIL 29 TO SEPTEMBER 5, 1963, FOLLOWING YOUR HUSBAND'S DEATH. SINCE DURING THAT PERIOD YOU APPLIED TO THE AIR FORCE FOR REIMBURSEMENT OF YOUR TRAVEL FROM WASHINGTON TO DUNDEE AND ON MAY 21, 1963, REQUESTED THE FURTHER MOVEMENT OF YOUR DECEASED HUSBAND'S HOUSEHOLD EFFECTS TO DUNDEE, THIS PLACE (DUNDEE) MUST BE CONSIDERED YOUR DESIGNATED PLACE FOR PURPOSES OF YOUR TRAVEL AND SHIPMENT OF HOUSEHOLD EFFECTS. THE GOVERNMENT DISCHARGED ITS OBLIGATION BY REIMBURSING YOU FOR THE EXPENSES OF SUCH TRAVEL AND BY THE DELIVERY OF THE HOUSEHOLD EFFECTS IN COMPLIANCE WITH YOUR REQUEST. THIS RESPECT, A REPORT DATED NOVEMBER 19, 1963, FROM THE CASUALTY ASSISTANCE OFFICER, HEADQUARTERS, HANCOCK FIELD AND 4624TH SUPPORT GROUP (ADC), UNITED STATES AIR FORCE, HANCOCK FIELD, SYRACUSE, NEW YORK, DISCLOSES THAT WHEN YOU ELECTED DUNDEE AS YOUR PERMANENT RESIDENCE ALL CLAIMS WERE PROCESSED ACCORDINGLY. IT IS ALSO DISCLOSED IN THE REPORT THAT IT WAS EXPLAINED TO YOU THAT YOU COULD MAKE ONLY ONE MOVE AT GOVERNMENT EXPENSE AND THAT YOUR DECISION WAS FIRM TO ESTABLISH PERMANENT RESIDENCE IN DUNDEE. IN VIEW OF FOREGOING AND SINCE THERE IS NO AUTHORITY FOR REIMBURSEMENT TO YOU FOR THE EXPENSES INCURRED IN CONNECTION WITH YOUR SECOND MOVEMENT, NO LEGAL BASIS EXISTS FOR THE PAYMENT OF YOUR CLAIM. MOREOVER, EVEN ASSUMING THAT YOU DESIGNATED FUKUOKA, JAPAN, AS YOUR SELECTED HOME, THERE WOULD APPEAR TO BE NO LEGAL BASIS FOR ALLOWING THAT PART OF YOUR AIR TRAVEL BY BRITISH OVERSEAS AIRWAYS CORPORATION. THE JOINT TRAVEL REGULATIONS (PARAGRAPH 7000-7) PROMULGATED PURSUANT TO LAW AND APPLICABLE IN CASES OF DEPENDENT TRAVEL, EXPRESSLY PROHIBIT REIMBURSEMENT FOR THE COST OF TRAVEL PERFORMED BY A FOREIGN REGISTERED VESSEL OR AIRPLANE, IF AMERICAN REGISTERED VESSELS OR AIRPLANES ARE AVAILABLE BY THE USUALLY TRAVELED ROUTE.

WHILE IT IS UNFORTUNATE THAT YOU EXERCISED YOUR RIGHTS TO THE BENEFITS PROVIDED UNDER THE REGULATIONS FOR YOUR TRAVEL AND SHIPMENT OF THE HOUSEHOLD EFFECTS BEFORE DECIDING TO RETURN TO JAPAN, WE FIND THAT YOUR CLAIM FOR SUCH EXPENSE DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO AUTHORIZE US TO REPORT IT TO CONGRESS UNDER THE MERITORIOUS CLAIMS ACT, 31 U.S.C. 236. ACCORDINGLY, NO ACTION WILL BE TAKEN TO REPORT THAT CLAIM TO THE CONGRESS FOR THEIR CONSIDERATION.