B-160302, DEC. 9, 1966

B-160302, DEC. 9, 1966

TO SP/5 BERT H. ROGERS:

FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON OCTOBER 10, 1966, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAVEL OF YOUR DEPENDENTS (TWO MINOR DAUGHTERS) FROM TACOMA, WASHINGTON, TO KUAULI MAUI, HAWAII, ON JULY 26, 1965, AND FOR DISLOCATION ALLOWANCE.

BY LETTER ORDERS NO. 7-293, DATED JULY 29, 1963, HEADQUARTERS FORT LEWIS, FORT LEWIS, WASHINGTON, THE 629TH ORDINANCE COMPANY, OF WHICH YOU THEN WERE A MEMBER, WAS RELIEVED FROM FORT LEWIS AND ASSIGNED TO UNITED STATES ARMY PACIFIC UPON EMBARKATION, WITH AUGUST 10, 1965, FIXED AS THE READY DATE FOR PERSONNEL. ON JULY 26, 1965, 3 DAYS PRIOR TO THE ISSUANCE OF THOSE ORDERS, YOUR TWO MINOR DAUGHTERS DEPARTED FROM TACOMA, WASHINGTON, BY COMMERCIAL AIR TRANSPORTATION AND ARRIVED AT KUAULI MAUI, HAWAII, THE SAME DATE. YOU DECLINED REIMBURSEMENT FOR THE TRAVEL AND PAYMENT OF DISLOCATION ALLOWANCE BECAUSE THE ADMINISTRATIVELY COMPUTED TRAVEL PAYMENT DID NOT INCLUDE REIMBURSEMENT FOR THE OVER WATER PORTION OF THE TRAVEL.

THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FORWARDED YOUR CLAIM TO OUR CLAIMS DIVISION FOR APPROPRIATE DISPOSITION. BY SETTLEMENT DATED SEPTEMBER 13, 1966, THE CLAIM WAS DISALLOWED ON THE BASIS OF PARAGRAPH M7000-8, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT REIMBURSEMENT IS NOT AUTHORIZED WHERE DEPENDENTS PERFORM TRAVEL PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER CONCERNED HAD BEEN ADVISED PRIOR TO THEIR ISSUANCE THAT THEY WOULD BE ISSUED.

IN YOUR PRESENT LETTER YOU SAY THAT THE PROBLEM OF THE ADVANCE TRAVEL OF YOUR DEPENDENTS WAS EXPLAINED WHEN YOU FIRST CLAIMED REIMBURSEMENT FOR THE TRAVEL OF YOUR TWO CHILDREN AND THAT THE ARMY OFFICIALS SAID THEY WOULD PAY YOU UPON RECEIPT OF EVIDENCE SHOWING PAYMENT OF THE AIRLINE FARES.

COPIES OF CORRESPONDENCE IN THE FILE FROM THE FINANCE CENTER, U.S. ARMY, DATED OCTOBER 27, 1965, TO YOUR COMMANDING OFFICER AND DISBURSING OFFICER SUPPORT YOUR PRESENT STATEMENT THAT THE ADVANCE TRAVEL PROBLEM HAD BEEN CONSIDERED PRIOR TO THE REIMBURSEMENT OFFER WHICH YOU REFUSED. ALSO, THE CERTIFICATE OF THE DISBURSING OFFICER ON YOUR CLAIM SHOWS THAT PARTIAL REIMBURSEMENT HAD BEEN TENDERED TO YOU AND REFUSED.

IN SUCH CIRCUMSTANCES AND SINCE YOUR DEPENDENTS' TRAVEL WAS SUBSTANTIALLY CONTEMPORANEOUS WITH YOUR PERMANENT CHANGE OF STATION ORDERS AND ON THE PRESENT RECORD SEEMS CLEARLY TO HAVE BEEN INCIDENT TO SUCH ORDERS, WE ARE INSTRUCTING OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE PROPER AMOUNT DUE YOU AS REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS AND FOR DISLOCATION ALLOWANCE.

UNDER THE PROVISIONS OF PARAGRAPH M7005-2, JOINT TRAVEL REGULATIONS (CHANGE 136, DATED APRIL 1, 1964), IN EFFECT AT THE TIME OF YOUR DEPENDENTS' TRAVEL, HOWEVER, A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FROM HIS OLD DUTY STATION TO THE PANAMA CANAL ZONE, PUERTO RICO, ALASKA, HAWAII, OR ANY TERRITORY OR POSSESSION OF THE UNITED STATES, ONLY IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. IN THE ABSENCE OF SUCH APPROVAL, TRANSPORTATION IS LIMITED TO THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES. SINCE OUR RECORDS DO NOT SHOW THAT THE MOVEMENT OF YOUR DEPENDENTS TO HAWAII WAS APPROVED BY THE APPROPRIATE OFFICIAL IN ACCORDANCE WITH THE REGULATIONS, ANY AMOUNT PAYABLE TO YOU AS REIMBURSEMENT OF THE COST OF YOUR DEPENDENTS' TRAVEL MUST BE LIMITED TO COST OF THEIR TRAVEL FROM FORT LEWIS, YOUR OLD DUTY STATION, TO SAN FRANCISCO, THE POINT WHERE YOUR DEPENDENTS DEPARTED FROM THE UNITED STATES.