Claim for Reimbursement of Dependents' Travel Expenses

A Staff Sergeant appealed the settlement by the Claims Division which denied his claim for reimbursement of his dependents' travel expenses. While they were stationed in Japan, they received a message requesting the return of the Sergeant's wife to the United States because of her mother's serious illness. The Sergeant received authorization for her and their son to leave on Government aircraft on a space-available basis. When the Sergeant learned that space would not be available for several days, he purchased tickets for them, at personal expense, on a commercial airline. A previously requested humanitarian reassignment to the United States was granted to the Sergeant a week later. Once reassigned in the United States, the Sergeant had no need for his dependents to return to Japan. He sought reimbursement of his dependents travel expenses pursuant to the regulation in effect at the time of their travel. Under this regulation, reimbursement could not be authorized unless orders were issued authorizing travel. Without the necessary authorization before the travel commenced, no reimbursement could be allowed for the travel of dependents of military personnel. After the date of his dependent's travel, the regulation was amended to provide for exceptions. However, his dependents traveled prior to the amendment of the regulation. The denial of the claim by the Claims Division was sustained.