B-172150, JUL 14, 1971

B-172150, JUL 14, 1971

MILITARY PERSONNEL - OVERSEAS TRAVEL ALLOWANCE FOR DEPENDENTS DECISION ALLOWING CLAIM OF SERGEANT JOSEPH M. JORDAN, USAF, FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF HIS DEPENDENTS FOR TRAVEL AT PERSONAL EXPENSE FROM JOHN F. KENNEDY AIRPORT, NEW YORK TO LONDON, ENGLAND AND FOR COST OF PASSPORTS PROCURED IN CONNECTION WITH THIS TRAVEL. ALTHOUGH ORDERS DID NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS TO THEIR RELATIVES HOME IN WARWICKS, ENGLAND, IT APPEARS THAT THIS WAS DUE TO A MISUNDERSTANDING AS TO THE DISTANCE BETWEEN BITBURG, GERMANY, CLAIMANT'S DUTY STATION, AND WARWICKS. THE DISTANCE BEING LESS THAN 600 MILES, TRAVEL WAS AUTHORIZED UNDER JOINT TRAVEL REGULATIONS AND CLAIMANT MAY BE REIMBURSED AS HOUSING WAS NOT AVAILABLE AT DUTY STATION.

TO TECHNICAL SERGEANT JOSEPH M. JORDAN, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28, 1971, WHICH IN EFFECT REQUESTS RECONSIDERATION OF THE SETTLEMENT OF DECEMBER 17, 1970, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF YOUR DEPENDENTS FOR TRAVEL PERFORMED AT PERSONAL EXPENSE FROM JOHN F. KENNEDY AIRPORT, NEW YORK, TO LONDON, ENGLAND, AND FOR THE COST OF PASSPORTS PROCURED IN CONNECTION WITH THIS TRAVEL.

BY SPECIAL ORDER NUMBER A-22, JANUARY 6, 1969, HEADQUARTERS 4510TH COMBAT SUPPORT GROUP (TACTICAL AIR COMMAND), LUKE AIR FORCE BASE, ARIZONA 85301, YOU WERE ASSIGNED TO 36 SUPPLY SQUADRON, UNITED STATES AIR FORCES IN EUROPE, APO NEW YORK 09132. YOUR PERMANENT CHANGE OF ASSIGNMENT AND STATION WAS TO BE EFFECTIVE FEBRUARY 15, 1969. THE ORDER INDICATED YOUR ELECTION TO SERVE AN ACCOMPANIED TOUR AND THAT TRAVEL OF DEPENDENTS WAS AUTHORIZED TO A DESIGNATED POINT WITHIN THE CONTINENTAL UNITED STATES.

THE RECORD BEFORE US SHOWS THAT YOUR WIFE AND SON TRAVELED ON JANUARY 24 AND 25, 1969, BY COMMERCIAL AIR FROM PHOENIX, ARIZONA, TO JOHN F. KENNEDY AIRPORT, NEW YORK, AND THEN TO LONDON, ENGLAND, FOR THE PURPOSE OF RESIDING WITH YOUR WIFE'S PARENTS AT LUTTERWORTH, MR. RUGBY, WARWICKS, ENGLAND.

AFTER COMPLETION OF THIS TRAVEL, SPECIAL ORDER NUMBER A-1829, HEADQUARTERS 4510TH COMBAT SUPPORT GROUP, WAS ISSUED ON MAY 20, 1969. AMENDED YOUR ORIGINAL ORDER TO DELETE REFERENCE TO DEPENDENTS' AUTHORIZATION TO TRAVEL TO A DESIGNATED POINT WITHIN THE CONTINENTAL UNITED STATES AND SUBSTITUTED A STATEMENT THAT CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED. THE CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BECAUSE THE AMENDED ORDER OF MAY 20, 1969, WAS WITHOUT EFFECT TO INCREASE YOUR ENTITLEMENT TO TRANSPORTATION OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE, BEYOND THE POINT OF THEIR DEPARTURE FROM THE UNITED STATES.

AS A BASIS FOR ALLOWANCE OF THE CLAIM YOU INDICATE THAT UPON NOTIFICATION OF YOUR SELECTION FOR ASSIGNMENT TO BITBURG AIR FORCE BASE, GERMANY, YOU REQUESTED CONCURRENT TRAVEL OF YOUR DEPENDENTS BASED ON THEIR INTENDED RESIDENCE WITH YOUR WIFE'S PARENTS IN ENGLAND SINCE HOUSING WAS NOT THEN AVAILABLE AT THAT BASE AND IT WOULD HAVE BEEN DIFFICULT FOR YOUR PREGNANT WIFE TO LIVE AT YOUR PARENTS' HOME LOCATED NEAR DICKINSON, NORTH DAKOTA, WHILE AWAITING HOUSING TO BECOME AVAILABLE AT BITBURG AIR FORCE BASE. YOU SAY THAT YOUR REQUEST WAS DENIED BY MESSAGE RECEIVED FROM THE BITBURG BASE HOUSING OFFICE, AND THAT AFTER YOUR COMMENCEMENT OF DUTY IN GERMANY YOU LEARNED THAT THE DENIAL WAS MADE BECAUSE OF AN INCORRECT BELIEF THAT THE DISTANCE FROM BITBURG AIR FORCE BASE TO YOUR WIFE'S PARENTS' HOME IN ENGLAND EXCEEDED 600 MILES, THE MAXIMUM PERMISSIBLE DISTANCE FOR DEPENDENTS' RESIDENCE FOR CONCURRENT TRAVEL PURPOSES. YOU SAY THAT IN VIEW OF THIS ERROR YOU REQUESTED THE AMENDMENT OF YOUR ORIGINAL ORDERS TO PERMIT CONCURRENT TRAVEL.

PARAGRAPH M7000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 406, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION FOR TRAVEL PERFORMED FROM THE OLD STATION TO THE NEW PERMANENT STATION OR BETWEEN POINTS OTHERWISE AUTHORIZED IN THE REGULATIONS.

PARAGRAPH M7005 OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE-OF-STATION ORDERS TO A RESTRICTED AREA, AND THE OLD DUTY STATION IS LOCATED IN THE UNITED STATES, TRANSPORTATION OF DEPENDENTS IS AUTHORIZED TO ANY PLACE DESIGNATED BY HIM IN THE UNITED STATES OR TO THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER, OR TO PUERTO RICO, ALASKA, OR HAWAII OR TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES, IF AUTHORIZED OR APPROVED BY THE PROPER OFFICIAL.

PARAGRAPH 3306.F(1), AIR FORCE MANUAL 75-4, MAY 10, 1963, IN EFFECT AT THE TIME IN QUESTION, PROVIDES THAT WHEN A MEMBER ELECTS AN ACCOMPANIED BY DEPENDENTS TOUR AND THERE IS A FORECAST OF 20 WEEKS OR MORE FOR AVAILABILITY OF HOUSING (GOVERNMENT OR COMMUNITY) BEFORE DEPENDENTS MAY JOIN THE MEMBER AT AN UNRESTRICTED OVERSEA DUTY STATION, THIS STATION BECOMES IN EFFECT, A RESTRICTED STATION, AND TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE TO A DESIGNATED LOCATION (AS INDICATED IN JTR PAR. M7005, SUPRA).

PARAGRAPH 3307 OF THE MANUAL PROVIDES, HOWEVER, THAT WHEN LIVING ACCOMMODATIONS WITH RELATIVES OF THE SPONSOR OR DEPENDENTS WHO ARE FORMER FOREIGN NATIONALS ARE AVAILABLE IN THE SAME GENERAL AREA TO WHICH THE MEMBER IS ASSIGNED, AIR FORCE OVERSEA MAJOR COMMANDERS MAY APPROVE TRAVEL TO SUCH LOCATIONS WHEN HOUSING IS NOT IMMEDIATELY AVAILABLE AT THE SPONSOR'S DUTY STATION. IN SUCH EVENT CONCURRENT TRAVEL IS APPROVED ONLY TO THE DUTY STATION AND THE COST OF TRAVEL FROM THERE TO THE HOME OF THE RELATIVE IS BORNE BY THE MEMBER. APPROVAL IS SUBJECT TO THE RESTRICTION THAT THE POINT AT WHICH DEPENDENTS WILL BE LOCATED WILL NOT BE MORE THAN 600 MILES FROM THE SPONSOR'S DUTY STATION.

WE ARE INFORMED THAT THE DISTANCE FROM BITBURG AIR FORCE BASE, GERMANY, TO WARWICKS, ENGLAND, IS 375 MILES BY COMMON CARRIER AND THAT THE HIGHWAY MILEAGE IS 447 MILES. AS THE DISTANCE IS NOT OVER 600 MILES, IT WOULD NOT CONSTITUTE A BAR TO CONCURRENT TRAVEL OF DEPENDENTS. AND YOUR AFFIDAVIT OF JULY 8, 1969, WHICH THE AIR FORCE DOES NOT QUESTION, INDICATES THAT THE SOLE REASON FOR DENIAL OF CONCURRENT TRAVEL WAS THE MISTAKEN BELIEF ON THE PART OF PERSONNEL OF THE BITBURG BASE HOUSING OFFICE THAT THE DISTANCE INVOLVED WAS IN EXCESS OF 600 MILES.

ALTHOUGH THE ORDERS OF JANUARY 6, 1969, DID NOT AUTHORIZE TRANSPORTATION OF YOUR DEPENDENTS TO THEIR RELATIVES' HOME IN ENGLAND, IT APPEARS THAT AUTHORIZATION FOR YOUR DEPENDENTS' TRAVEL WAS NOT INCLUDED IN THOSE ORDERS DUE TO A MISUNDERSTANDING AS TO THE DISTANCE BETWEEN WARWICKS, ENGLAND, AND YOUR DUTY STATION AT BITBURG. IN THESE CIRCUMSTANCES, THE AMENDING ORDERS OF MAY 20, 1969, WILL BE ACCEPTED AS ESTABLISHING THAT YOUR DEPENDENTS' TRAVEL WAS AUTHORIZED AND APPROVED WITHIN THE CONTEMPLATION OF THE CITED PROVISIONS OF THE REGULATIONS. SEE B-153273, MARCH 27, 1964, COPY ENCLOSED.

PARAGRAPH M4159-4A OF THE JOINT TRAVEL REGULATIONS STATES THAT WHEN TRAVEL BY GOVERNMENT TRANSPORTATION IS AUTHORIZED (AS DISTINGUISHED FROM DIRECTED) AND THE MEMBER PERFORMS TRANSOCEANIC TRAVEL BY ANOTHER MODE OF TRANSPORTATION AT PERSONAL EXPENSE, THE MEMBER IS ENTITLED TO REIMBURSEMENT FOR THE COST OF THE TRANSPORTATION UTILIZED NOT TO EXCEED THE APPLICABLE TARIFF CHARGE WHICH THE SPONSORING SERVICE WOULD HAVE BEEN REQUIRED TO PAY FOR THE AVAILABLE GOVERNMENT TRANSPORTATION. THIS PROVISION IS MADE APPLICABLE TO DEPENDENT TRAVEL BY PARAGRAPH M7002-2B OF THE REGULATIONS.

THE REPORT RECEIVED FROM THE AIR FORCE INDICATES THAT AT THE TIME OF YOUR DEPENDENTS' TRAVEL THE MAC TARIFF RATE FOR TRANSPORTATION FROM AN AERIAL PORT OF EMBARKATION LOCATED ON THE EAST COAST OF THE UNITED STATES TO LONDON, ENGLAND, WAS $66 PER PERSON. HAD YOUR ORIGINAL ORDERS AUTHORIZED CONCURRENT OVERSEAS TRAVEL OF DEPENDENTS, REIMBURSEMENT FOR THEIR COMMERCIAL TRAVEL OVERSEAS WOULD BE LIMITED TO THE MAC CHARGE TO THE AIR FORCE FOR SUCH TRANSPORTATION.

ACCORDINGLY, OUR CLAIMS DIVISION WILL ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT OF $156, WHICH INCLUDES $24 REIMBURSEMENT FOR PASSPORT FEES (IN ACCORD WITH PARAGRAPH M7002-3 OF THE REGULATIONS) AND $132 REIMBURSEMENT FOR YOUR DEPENDENTS' COMMERCIAL AIR TRANSPORTATION FROM JOHN F. KENNEDY AIRPORT, NEW YORK, TO LONDON, ENGLAND.