B-158661, DEC. 22, 1966

B-158661, DEC. 22, 1966

TO MRS. ROSALIE J. SANFORD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1966, AND ENCLOSURES, TO THE COMMANDING OFFICER, U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION FROM SAIGON, VIETNAM, TO COLUMBUS, GEORGIA, INCIDENT TO THE DEATH OF YOUR HUSBAND, CAPTAIN JACKIE W. SANFORD, USA, 090430, ON JUNE 16, 1965.

PURSUANT TO OUR SETTLEMENT OF APRIL 18, 1966, YOU WERE PAID $376.98 AS REIMBURSEMENT FOR THE COST OF YOUR TRANSPORTATION. THE SETTLEMENT WAS COMPUTED ON THE BASIS OF THE COST OF TRANSPORTATION BY MILITARY AIR TRANSPORT SERVICE FROM SAIGON, VIETNAM, TO TRAVIS AIR FORCE BASE, CALIFORNIA ($204), AND MILEAGE FOR THE DISTANCE FROM TRAVIS AIR FORCE BASE TO COLUMBUS, GEORGIA (2,883 MILES EACH 6 CENTS OR $172.98). REIMBURSEMENT FOR THE COST OF YOUR TRANSOCEANIC TRAVEL WAS LIMITED TO THE COST OF SUCH TRAVEL BY MILITARY AIR TRANSPORT SERVICE FOR THE REASON THAT THE GOVERNING REGULATIONS (PARAGRAPHS M7151-2 AND M7002-1B OF THE JOINT TRAVEL REGULATIONS) DO NOT AUTHORIZE REIMBURSEMENT ON ANY OTHER BASIS WHEN GOVERNMENT TRANSPORTATION IS AVAILABLE AND THE DEPUTY CHIEF OF STAFF FOR LOGISTICS, DIRECTORATE OF TRANSPORTATION, DEPARTMENT OF THE ARMY, REPORTED THAT GOVERNMENT AIR TRANSPORTATION WAS AVAILABLE FOR YOUR TRAVEL FROM SAIGON TO THE CONTINENTAL UNITED STATES.

MAJOR BRYCE R. KRAMER, SURVIVORS ASSISTANCE OFFICER, SAYS IN HIS LETTER OF JUNE 28, 1966, TO THE COMMANDING OFFICER OF THE U.S. ARMY FINANCE CENTER, FORWARDED BY YOU, THAT HE HANDLED ALL ARRANGEMENTS FOR YOUR DEPARTURE FROM SAIGON, THAT HE CHECKED WITH THE GI AND TRANSPORTATION OFFICER, USA SUPPORT COMMAND, VN, AND WAS INFORMED THAT YOUR STATUS IN VIETNAM PRECLUDED FURNISHING YOU GOVERNMENT TRANSPORTATION TO THE UNITED STATES. IN SUCH CIRCUMSTANCES HE EXPRESSES THE OPINION THAT IN VIEW OF THE DECISION TO REIMBURSE YOU FOR THIS TRANSPORTATION, THE CLAIM SHOULD BE REEVALUATED TO DETERMINE WHETHER YOU ARE ENTITLED TO REIMBURSEMENT FOR THE ENTIRE COST OF TRANSPORTATION INCURRED BY YOU.

YOUR TRAVEL TO YOUR LATE HUSBAND'S STATION WAS NOT AUTHORIZED AND THE ADVICE WHICH MAJOR KRAMER RECEIVED APPARENTLY WAS BASED UPON THE RULE THAT IN THE ORDINARY CASE OF A PERMANENT CHANGE OF STATION TO A RESTRICTED AREA A MEMBER IS NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE TO AND FROM HIS PERMANENT STATION UNLESS THEY ARE AUTHORIZED TO TRAVEL TO THAT STATION. SINCE, HOWEVER, THE TRANSPORTATION OF DEPENDENTS IN CASES OF DEATH DOES NOT COME UNDER THE USUAL PERMANENT CHANGE OF STATION LEGAL PROVISIONS AND THE JOINT TRAVEL REGULATIONS, PART D, APPLICABLE TO THE CASE OF DEATH OF THE MEMBER, IMPOSE NO SUCH RESTRICTION, IT WAS OUR VIEW THAT MAJOR KRAMER HAD BEEN INCORRECTLY ADVISED. SUCH ERRONEOUS ADVICE, HOWEVER, AFFORDS NO BASIS UPON WHICH WE MAY DISREGARD THE PROVISIONS OF THE REGULATIONS AND ALLOW CLAIMANTS ANY AMOUNT IN EXCESS OF THAT WHICH IS AUTHORIZED BY THE REGULATIONS.

SINCE IT IS OFFICIALLY REPORTED THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE TRANSOCEANIC PORTION OF YOUR TRAVEL AND THE REGULATIONS EXPRESSLY LIMIT REIMBURSEMENT FOR THE COST OF TRANSOCEANIC TRAVEL IN SUCH CASES TO THE COST OF TRAVEL BY GOVERNMENT TRANSPORTATION, WE TRUST YOU WILL UNDERSTAND THAT NO FURTHER SETTLEMENT MAY BE MADE ON YOUR CLAIM.

THE CHECK IN THE AMOUNT OF $376.98 ISSUED ON THE BASIS OF THE SETTLEMENT DATED APRIL 18, 1966, WHICH YOU RETURNED TO THE U.S. ARMY FINANCE CENTER WITH YOUR LETTER OF JUNE 29, 1966, HAS BEEN CANCELED. IT IS SUGGESTED THAT YOU REQUEST THE U.S. ARMY FINANCE CENTER TO ISSUE YOU ANOTHER CHECK IN THE AMOUNT OF $376.98.